National Prosecuting Authority
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National Prosecuting Authority

The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to institution of criminal proceedings. The NPA is accountable to Parliament, and final responsibility over it lies with the Minister of Justice and Constitutional Development.

On a national level, the NPA is headed by the National Director of Public Prosecutions (NDPP). The NDPP is appointed by the President of South Africa for a term of 10 years.

The NDPP is supported by a chief executive officer, a position which was filled by Marion Sparg from 2000 to 2007, and by four Deputy National Directors of Public Prosecutions. At the national level, there are also four Special Directors and an Investigating Director. Every seat of the High Court of South Africa is served by a Director of Public Prosecutions (DPP), who acts as the prosecution authority for that Court's jurisdictional area.

The National Prosecution Service (NPS) is composed of the various DPP offices (and their subordinates) and are responsible for the day to day criminal prosecutions. State Advocates (attached to the office of the DPP) prosecute matters in the Superior Courts, whilst Public Prosecutors (attached to various Magistrate's Courts), prosecute matters in the Lower Courts.

The Investigating Directorate (ID) was created in April 2019. Its mandate is to investigate and prosecute high-profile and complex crimes, especially under the Prevention of Organised Crime Act, the Prevention and Combatting of Corrupt Activities Act, and the Public Finance Management Act.

The ID is sometimes called the "New Scorpions," after the NPA's former Directorate of Special Operations, better known as the Scorpions. The Scorpions, launched on 1 September 1999 and controversially disbanded in July 2009, was also an elite unit which investigated organised crime and pursued politically sensitive cases.

It is currently working with the Zondo Commission on prominent cases relating to state capture, and since its establishment has been led by Hermione Cronje, who tendered her resignation on 30 November 2021. As of January 2022, it is reportedly investigating allegations and evidence contained within the first part of the Zondo Commission Report.

The Specialised Commercial Crime Unit (SCCU) was established to prosecute serious economic offences such as fraud. Some of its cases are also high-profile – for example, it is currently investigating fraud at Steinhoff and VBS Mutual Bank. In 2012, there was a scandal when SCCU head Lawrence Mrwebi unlawfully dropped fraud and corruption charges that SCCU prosecutors had been pursuing against Richard Mdluli, the former head of the police's Crime Intelligence Division.

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