A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system or the civil law inquisitorial system.
There is a single National Prosecuting Authority of South Africa established in terms of the Constitution of the Republic of South Africa, 2006.
The National Prosecuting Authority is led by the National Director of Public Prosecutions, Advocate Shamila Batohi.
In each of the Divisions of the High Court there is an office of the prosecuting authority led by a Director of Public Prosecutions, and two for the Gauteng Division of the High Court (Pretoria and Johannesburg).
Prosecutors are stationed at almost every Magistrates courts across the country.
National Prosecuting Authority of South Africa Leaders
Adv. Shamila Batohi
NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
Adv. Ouma Rabaji-Rasethaba
DEPUTY NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS: ASSET FORFEITURE UNIT
Adv. Nomvula Mokhatla
DEPUTY NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS: LEGAL AFFAIRS
Adv. Rodney De Kock
DEPUTY NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS: NATIONAL PROSECUTIONS SERVICE
Adv. Anton du Plessis
DEPUTY NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS: STRATEGY, OPERATIONS AND COMPLIANCE
What Is The The Work Of A Prosecutor In South Africa?
In the criminal justice system, the NPA plays a vital role in preparing and conducting criminal prosecutions. Prosecution is the core function of the NPA, which is initiated by police investigations. This information is provided to prosecutors in police cases. Next, one of four steps are taken:
- Abandon prosecution without further action.
- Ask the police to investigate the case further.
- Avoid prosecution and choose alternative dispute resolution mechanisms.
- Initiate criminal proceedings by drafting an indictment against the accused.
If the decision is made to prosecute, dependent on the severity of the alleged criminal offence, the police docket is transferred to prosecutors’ office in the district or district court where the criminal offence occurred or the pertinent Higher Court.
Prosecutors will determine whether the alleged illegal act is a criminal offence and whether the suspect has been correctly identified based on presented evidence. At their first appearance, a defendant is asked to plead to the charge/s.
The prosecution presents its case, leads witnesses for the prosecution and the evidence against the defendant. The defence then presents it case in rebuttal, including its own witnesses. Prosecutors and defence lawyers are allowed to question opposing witnesses.
If the prosecution proves to the court that the defendant is guilty without reasonable doubt, the court finds for the prosecution and announces the defendant guilty. The proceedings move on to sentencing, or the defence could lodge an appeal.
source: npa website
How many prosecutors are there in South Africa?
Prosecutors are stationed at almost every Magistrates courts across the country.
Who is the public prosecutor in South Africa?
National Director: Public Prosecution: Adv. Shamila Batohi
Who is a senior prosecutor?
A senior prosecutor Manage; train and give guidance to prosecutors. Study case dockets, decide on the institution of and conduct criminal proceedings; maintenance and inquest matters of a general and more advanced nature.
Is a prosecutor a lawyer?
A prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings and then proving in court that the suspect committed the crime he’s accused of. The opposite of a prosecutor is a defense attorney.
How do you become a prosecutor in South Africa?
To be appointed as a public prosecutor, a person must have an LLB degree. Public prosecutors are appointed by the National Prosecuting Authority.
A public prosecutor is a person who prosecutes accused persons in the magistrates’ courts on behalf of the State. He/she leads evidence by the State witnesses and crossexamines the witnesses of the accused. Approximately 90% of a public prosecutor’s work takes place in court.
Is a prosecutor higher than a lawyer?
The main difference between a prosecution lawyer and a defence lawyer is that they are oppositional in a trial. The prosecutor is responsible for prosecuting the crime that the accused is being tried for.
Who prosecutes a criminal case?
Prosecutors are government lawyers who prosecute criminal cases. To prosecute means to lay a charge in a criminal matter and to prepare and conduct legal proceedings against a person charged with a crime.
Any further questions or requests for detail can be directed to communications@npa.gov.za