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NATIONAL PROSECUTING AUTHORITY AMENDMENT ACT IN FORCE
- 19 August 2024
- New Legislation
- SA Legal Academy
Most sections of the National Prosecuting Authority Amendment Act, 2024, came into effect on 19 August 2024 by proclamation in the Government Gazette. This makes the Investigating Directorate against Corruption (IDAC) a permanent, independent entity within the National Prosecuting Authority. Regulations gazetted as a schedule to the proclamation are also in force.
According to the proclamation, the Act’s section 8 is not yet in effect. However, once operationalised it will establish a complaints mechanism. To that end, section 8 provides for the appointment of a retired judge – among other things prescribing their functions and related procedures.
The presidential proclamation gives context to Justice & Constitutional Development Minister Thembisile Simelane’s 16 August 2024 announcement on the Act’s status. In her media statement on seventh administration priorities, the Minister said the President had, the previous day, ‘signed a proclamation to bring the Act into operation, with the exception of section 8’.
The proclamation nevertheless makes it clear that 19 August 2024 is the Act’s commencement date.
In her statement, the Minister also noted that ‘the previous Investigating Directorate … was subject to dissolution by proclamation’, whereas ‘IDAC’s permanence ensures its independence and the necessary parliamentary oversight’.
In addition, according to the statement, the IDAC:
- has ‘criminal investigation powers’
- ‘will no longer rely on secondments for staffing (instead recruiting ‘permanent staff’ and investing in ‘long-term training’), and
- ‘will enhance (the department’s) capacity to:
- ‘combat complex corruption’
- implement decisions from commissions of inquiry, and
- ‘uphold the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector’.
Please click the links below for more information:
- proclamation with regulations
- Act
- media statement
Published by SA Legal Academy Policy Watch
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