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South Africa: Parliament Welcomes the Constitutional Court Ruling as Strengthening Constitutional Democracy

The Parliament of the Republic of South Africa welcomes the order of the Constitutional Court today on a matter that involves the National Prosecuting Authority (NPA), as a further strengthening of the country’s constitutional democracy and the law-making function of Parliament.  Parliament has also committed to drive the requisite amendments to the National Prosecuting Authority Act to ensure that it is fully aligned to the Constitution of the country.

South Africa Parliament

The court effectively found that section 12 (4) and (6) of the National Prosecuting Authority Act 32, 1998 is Constitutionally invalid, in the following respects:

Section 12 (4) is declared wholly invalid. This provision allows the President to retain a National Director of Public Prosecutions (NDPP) or Deputy NDPP beyond the age of 65 under certain circumstances. The effect of this striking out is that the provision no longer exists and should be removed from the Statute-book; and

Republic of South Africa: The Parliament

Section 12(6), to the extent that this provision permits indefinite suspension of the NDPP and DNDPP without pay, prescribing that the period must be clearly defined and suspension must be with full pay for a maximum period of six (6) months.

Parliament considers the period of 18 months as reasonable for it to ensure that the National Prosecuting Authority Act is fully compliant with the Constitution of South Africa.

Parliament also welcomes the overall ruling for it creates space for interventions that would affirm the role of the National Prosecuting Authority and bring the much-needed stability and public confidence.

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