Court room warriors for justice

History of the South African prosecution service

Abstract

This article explores the historic evolution of the prosecution service at the Cape under both Dutch and British control, the two Boer republics, and its twentieth century role - first in the Union and then the Republic of South Africa. Emphasis is given to the struggle the prosecution service waged over the centuries to assert its independence against an interfering executive.
A focus of the article is the establishment and role of South Africa's first centralised National Prosecuting Authority in 1998. The political controversy surrounding the promulgation of the National prosecuting Authority Act, in terms of which the National Prosecuting authority was established, and the appointment of the first national director of public prosecutions are discussed. The powers of the national director, and the degree of independence the position enjoys are analysed. The structure of the National Prosecuting Authority, and the legislative provisions governing investigating directorates, through which the prosecuting authority is granted formal investigative powers, are explained.