National Prosecuting Authority (Amendment) Bill, 2019

NATIONAL PROSECUTING AUTHORITY (AMENDMENT) BILL, 2019

Memorandum

This National Prosecuting Authority (Amendment) Bill, 2019 is designed to improve the governance structure of the National Prosecuting Authority. The Bill also takes account of the accounting status of the Authority. The Bill provides for the appointment of Deputy Prosecutors-General to assist the Prosecutor-General in the discharge of his or her constitutional mandate.

In more detail, the Bill provides as follows—

Clause 1 sets out the short title of the Bill.

Clause 2 amends the definition section by introducing new terms used in the Bill. Notable are the following terms—

“Secretary to the Authority” which is defined by reference to section 15(2) as the Accounting Officer of theAuthority;

“Deputy Prosecutor General” which is defined by reference to section 8.

Clauses 3 and 4 deal with the membership of the Board.

Clause 5 provides for the appointment, by the Board in consultation with the Minister, of Deputy Prosecutors-General who shall head specific prosecutorial sections and other departments of theAuthority as well as supervise the members assigned thereto. The Deputy Prosecutors-General shall be subject to the direction of the Prosecutor- General on the discharge of their duties.

Clause 5 empowers the Board to appoint the Secretary to the Authority and lays out his or her functions.

Clause 6 merely makes textual changes.

Clause 7 provides that the Secretary of the Authority shall report to the Board. This is a departure from the current scenario where the Director of Administration was reporting to the Permanent Secretary of the Ministry of Justice, Legal and Parliamentary Affairs.

Clause 8 proposes that the proportions for the Court Retention Fund be redistributed to accommodate Zimbabwe Prisons and Correctional Services.

Clause 9 makes consequential amendments to the Criminal Procedure and Evidence Act [Chapter 9:07].

i(i)

5

10

15

20

BILL

To amend the National Prosecuting Authority Act [Chapter 7:20]; and to amend the Criminal Procedure and Evidence Act [Chapter 9:07] and to provide for matters connected therewith or incidental thereto.

ENACTED by the Parliament and the President of Zimbabwe.

1 Short title

This Act may be cited as the National Prosecuting Authority Amendment Bill, 2019.

2 Amendment of section 2 of Cap. 7:20

Section 2 (“Interpretation”) of the National Prosecuting Authority Act [Chapter 7:20] is amended by—

3

Amendment of section 4 of Cap. 7:20

(a) (b)

the repeal of the definitions of “Director for Administration” and “National Director of Public Prosecutions”;

the insertion of the following definitions—

““Secretary to the Authority” means the person appointed in terms of section 8A;

“Deputy Prosecutor-General” means a person appointed as such in terms of section 8;”

National Prosecuting authority (amendment)

Section 4 (“Constitution of National Prosecuting Authority”) is amended by the repeal of paragraphs (b) and (c) and substitution of—

H.B. 20, 2019.]

Printed by the Government Printer, Harare

1

National Prosecuting authority (amendment) “(b) the Deputy Prosecutors-General”;

(c) the Secretary to the Authority”.

4 Amendment of section 5 of Cap. 7:20

Section 5 (“Establishment and composition of National Prosecuting Authority Board”) is amended by— 5

1. (a)  the repeal of subsection (1) and substitution of—“(1) Subject to subsection (2), there is hereby established a Board, to be known as the National Prosecuting Authority Board.”;
2. (b)  the insertion after subsection (1) of the following subsections—
   “(1a) The Board shall consist of— 10
   1. (a)  the Prosecutor-General; and
   2. (b)  a person who has been or is qualified to be a judge of the High Court or Supreme Court, appointed by the Minister
      after consultation with the Judicial Service Commission;
      and 15
   3. (c)  a Commissioner of the Civil Service Commission appointed by the Chairperson of the Civil Service Commission; and
   4. (d)  five members appointed, subject to subsection (2), by the Minister, of whom— 20
      1. (i)  one shall be a person employed in the Ministry responsible for justice, nominated by the Minister responsible for justice; and
      2. (ii)  one shall be a person employed in the Ministry responsible for finance nominated by the Minister 25responsible for finance; and