Section 259: Prosecutor-General and other officers

(1) There is a Prosecutor-General who is the head of the National Prosecuting Authority.

(2) The office of the Prosecutor-General is a public office but does not form part of the Public Service.

[Subsection amended by s. 16 of Act No. 2 of 2021]

(3) The Prosecutor-General is appointed by the President on the advice of the Judicial Service Commission.

[Subsection amended by s. 16 of Act No. 2 of 2021]

(4) The Prosecutor-General must be a person qualified for appointment as a judge of the Supreme Court.

(5) The term of office of the Prosecutor-General is a period of six years and is renewable for one further such term.

(6) Before taking office, the Prosecutor-General must take, before the President or a person authorised by the President, the oath of office in the form set out in the Third Schedule.

(7) The Prosecutor-General may be removed from office on the following grounds—

    (a) inability to perform the functions of his or her office due to mental or physical

incapacity; or

    (b) gross incompetence; or

    (c) serious misconduct.

[Subsection substituted by s. 16 of Act No. 2 of 2021]

(7a) If the President considers that the question of removing the Prosecutor-General from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

[Subsection inserted by s. 16 of Act No. 2 of 2021]

(7b) A tribunal appointed under subsection (7a) must consist of at least three members appointed by the President, of whom—

    (a) two must qualify to be or have served as Supreme Court judges; and

    (b) one must qualify to be or has served as a High Court judge or holds or has held office

as a judge of a court with unlimited jurisdiction in criminal or civil matters in a

country whose common law is Roman-Dutch or English, and English is an officially

recognised language.

[Subsection inserted by s. 16 of Act No. 2 of 2021]

(7c) The President must designate one of the members of the tribunal to be chairperson of the tribunal.

[Subsection inserted by s. 16 of Act No. 2 of 2021]

(7d) The tribunal must inquire into the question of removing the Prosecutor-General concerned from office and, having done so, must report its findings to the President and recommend whether or not the Prosecutor-General should be removed from office.

[Subsection inserted by s. 16 of Act No. 2 of 2021]

(7e) A tribunal appointed under this section has the same rights and powers as commissioners under the Commissions of Inquiry Act [Chapter 10:07], or any law that replaces that Act.

(7f) If the question of removing the Prosecutor-General from office has been referred to a tribunal under this section, the Prosecutor-General is suspended from office until the President, on the recommendation of the tribunal, revokes the suspension of or removes the Prosecutor- General from office.

[Subsection inserted by s. 16 of Act No. 2 of 2021]

(7g) The Act of Parliament referred to in subsection (10) may empower the Board of the National Prosecuting Authority or a tribunal appointed under this section to require the Prosecutor-General to submit to a medical examination by a medical board established for that purpose, in order to ascertain his or her physical or mental health.

[Subsection inserted by s. 16 of Act No. 2 of 2021]

(8) The conditions of service of the Prosecutor-General, including his or her remuneration, must be provided for in an Act of Parliament, but the remuneration must not be reduced during the Prosecutor-General’s tenure of office.

(9) The remuneration of the Prosecutor-General is a charge on the Consolidated Revenue Fund.

(10) An Act of Parliament must provide for the appointment of a board to employ persons to assist the Prosecutor-General in the exercise of his or her functions, and must also provide—

    (a) for the qualifications of those persons;

    (b) for the conditions of service, conduct and discipline of those persons;

    (c) that in exercising their functions, those persons must be independent and impartial and

subject only to the law and to the direction and control of the Prosecutor-General;

    (d) for the structure and organisation of the National Prosecuting Authority; and

    (e) generally, for the efficient performance and well-being of the National Prosecuting

Authority.

(11) The Prosecutor-General may direct the Commissioner-General of Police to investigate and report to him or her on anything which, in the Prosecutor-General’s opinion, relates to an offence or alleged or suspected offence, and the Commissioner-General of Police must comply with that direction.