NPA mandate does not cover TRC proceedings

Section 179 of the Constitution provides for the establishment of the National Prosecuting Authority (NPA).

Section 179 of the Constitution provides for the establishment of the National Prosecuting Authority (NPA).

Subsections (2) and (4), respectively, provide for the mandate of the NPA and the creation of legislation through which the mandate must find expression.

The business of the NPA is to investigate and prosecute anyone who has allegedly committed a crime, provided all other requirements concomitant to investigation and prosecution decisions are met.

Where suspicion or doubt exists that NPA conduct is inconsistent with any of the provisions of any law, apposite recourse must be sought from our courts.

The NPA is in all criminal proceedings only a player, not a referee.

With opinion regarding the dissolution of the directorate of special operations (Scorpions), which was an outcome of a political process, the NPA elected to stay out of the debate as to the correctness or otherwise of that decision. It is a matter that falls within the political and-or legislative terrain.

What we find disconcerting are suggestions in the media that the Scorpions intend to prosecute some ANC leaders based on the outcome of the amnesty process of the Truth and Reconciliation Commission.

All TRC prosecution decisions fall outside the legislative mandate (organised crime) of the Scorpions in terms of the NPA Act.

Tlali Tlali,

NPA spokesmanPretoria

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