The Constitution of the Republic of
South Africa (Act No. 108 of 1996), created a single
National Prosecution Authority (
NPA), which is governed by the
National Prosecuting Authority Act (Act No. 32 of 1998). The Constitution, read with this Act, provides the NPA with the power to institute criminal proceedings on behalf of the State, to carry out any necessary functions incidental to institution of criminal proceedings and to discontinue criminal proceedings. The NPA is accountable to Parliament, while the final responsibility over the prosecuting authority lies with the Minister of Justice.