Question: Does a truly independent chief prosecutor meet with the president (and other cabinet members) of his country on the eve of summonsing a cabinet  minister (not present) on charges of fraud and theft, holding the meeting at political party offices? Answer: No. The office of the National Director of Public Prosecutions is arguably the highest post in the public administration of SA; it is certainly at the pinnacle of the criminal justice administration, if it is assumed, as it should be, that the judiciary is not part of the public administration. This argument is based on the NDPP being the only public servant clothed with the power to make prosecution policy and is also because no other public servant is empowered to make policy on any matter. Usually policy is the task and responsibility of the relevant member of cabinet. In relation to the National Prosecuting Authority the position is somewhat different. The Minister of Justice only has what is called “final responsibili...

BL Premium

This article is reserved for our subscribers.

A subscription helps you enjoy the best of our business content every day along with benefits such as articles from our international business news partners; ProfileData financial data; and digital access to the Sunday Times and Sunday Times Daily.

Already subscribed? Simply sign in below.



Questions or problems? Email helpdesk@businesslive.co.za or call 0860 52 52 00. Got a subscription voucher? Redeem it now