NATIONAL PROSECUTION AUTHORITY ACT

Arrangement of Sections

PART I
PRELIMINARY

   Section

   1.   Short title

   2.   Interpretation

PART II
THE NATIONAL PROSECUTION AUTHORITY

   3.   Establishment of National Prosecution Authority

   4.   Seal of Authority

   5.   Functions of Authority

   6.   Autonomy of Authority

   7.   Board of Authority

   8.   Functions of Director of Public Prosecutions

   9.   Chief State Advocate, Deputy Chief State Advocates, state advocates, prosecutors and other staff

   10.   Prosecutions on behalf of Authority

   11.   Disclosure of interest

   12.   Non-performance of other paid work

   13.   Prohibition of disclosure of information to unauthorised persons

   14.   Code of conduct

PART III
THE WITNESS MANAGEMENT FUND

   15.   Establishment of Fund

   16.   Administration and management of Fund

   17.   Application of Fund

   18.   Financial year

   19.   Statement of income and expenditure

PART IV
GENERAL PROVISIONS

   20.   General offences

   21.   Regulations

   22.   Savings and transitional provisions

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to establish the National Prosecution Authority and provide for its powers and functions; provide a framework for the effective administration of criminal justice; establish the Witness Management Fund; and provide for matters connected with, or incidental to, the foregoing.

[DATE MISSING]

Act 34 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the National Prosecution Authority Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Authority” means the National Prosecution Authority established under section 3;

“Board” means the Board of the Authority constituted under section 7;

“Director of Public Prosecutions” means the person appointed as such under the Constitution;

“Fund” means the Witness Management Fund established under section 15;

“member” means a person appointed as a member of the Board under section 7;

“prosecutor” means a person appointed as such under section 10; and

“Secretary” means the person appointed as the Director of Administration of the Authority under section 7.

PART II
THE NATIONAL PROSECUTION AUTHORITY

3.   Establishment of National Prosecution Authority

   (1) There is hereby established the National Prosecution Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all such things as a body corporate may, by law, do or perform.

   (2) The provisions of the State Proceedings Act shall apply to civil proceedings by, or against, the Authority as if, for a reference to the State there were substituted a reference to the Authority.

   (3) The First Schedule applies to the Authority.

4.   Seal of Authority

   (1) The seal of the Authority shall be such device as may be determined by the Board and shall be kept by the Secretary.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson or any other person authorised in that behalf by a resolution of the Board.

   (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Chairperson or any other person generally or specifically authorised by the Authority in that behalf.

   (4) Any document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

5.   Functions of Authority

The functions of the Authority are to—

      (a)   appoint state advocates and prosecutors and promote appropriate standards of practice by state advocates and prosecutors in criminal prosecution;

      (b)   develop, promote and enforce internationally comparable practice standards for prosecutors;

      (c)   promote the integrity and enhance the status of state advocates and prosecutors so as to promote honourable and good practice and increase the confidence of the public in state advocates and prosecutors;

      (d)   promote an understanding of professional ethics amongst the prosecutors and ensure that the rules and guidelines for professional ethics are responsive to the effective administration of criminal justice;

      (e)   implement an effective prosecution mechanism so as to maintain the rule of law and contribute to fair and equitable criminal justice and the effective protection of citizens against crime;

      (f)   conduct research into the various disciplines of law so as to study the role that the prosecution mechanism should play in establishing effective rule of law and human rights and to bring the law in line with the developments and best practices of other countries;

      (g)   cooperate with the police, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of prosecutions; and

      (h)   do all such other things as are necessary or incidental to the performance of its functions under this Act.

6.   Autonomy of Authority

Except as otherwise provided in this Act, the Authority shall not, in the performance of its functions, be subject to the direction or control of any person or authority, other than the Director of Public Prosecutions.

7.   Board of Authority

   (1) There is hereby constituted a Board of the Authority which shall consist of the following members appointed by the Minister:

      (a)   the Director of Public Prosecutions, who shall be the Chairperson;

      (b)   a representative of the Attorney-General, who shall be the Vice-Chairperson;

      (c)   the Director of Administration of the Authority, who shall be the Secretary;

      (d)   a representative of the Public Service Management Division;

      (e)   a representative of the Ministry responsible for labour; and

      (f)   two other persons appointed by the Minister.

   (2) A person shall not be appointed as a member of the Board if that person—

      (a)   is not a citizen of Zambia;

      (b)   is a declared insolvent or bankrupt;

      (c)   is declared to be of unsound mind; or

      (d)   is convicted of an offence under this Act or any written law and has been sentenced therefor to imprisonment for a period not exceeding six months without the option of a fine.

   (3) A member, other than a member referred to in paragraphs (a) and (c) of sub-section (1), shall, subject to the other provisions of this section, hold office for a period of three years and may be appointed for one further period of three years.

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