Section 179(2) of the Constitution empowers the National Prosecuting Authority to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.
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Deputy Director of Public Prosecutions - Investigating Directorate Against Corruption
An LLB. For serving prosecutors seeking promotion any appropriate legal qualification.
At least ten (10) years’ post qualification experience in civil and/or criminal litigation. Demonstrable competency in acting Independently, Professionally, Accountable and with Credibility.
Admitted Attorney and/or Advocate. Right of appearance as contemplated in section 25(2) of the NPA Act, 32 of 1998.
DUTIES :
Manage the portfolio assigned by the Director: Investigating Directorate Against Corruption. Decide representations. Decide whether investigations should be authorized or declined in accordance with chapter 5 of NPA Act 32 of 1998. Lead the investigations and manage the operational, investigative, and prosecution team. Draft and manage the summons process. Lead enquiries in respect of summonsed persons.
Make application for centralization. Make application for the addition of racketeering charges. Make applications for extradition, draft all necessary process, and engage with foreign authorities. Make applications for mutual legal assistance, draft all necessary process, and engage with foreign authorities.
Liaise with the Asset Forfeiture Unit (AFU) to effect AFU process in relevant cases including international asset recovery. Liaise with the Witness Protection Unit (WPU) where necessary. Engage with internal and external stakeholders. Study, manage, and check voluminous and complex criminal cases and decide whether the matter is ready for the institution of prosecution. Draft and check charge sheets and indictments. Draft and manage: the prosecution strategy plan, witness plan, exhibits plan, and docket security plan.
Conduct prosecutions in regional or high court from enrolment to finalization including bail, motion applications, pre-trial conferences, conducting of the trial, lodging of state appeals, responding to appeals by the accused, and arguing constitutional court matters where necessary.
Appear and argue in motion court, the Supreme Court of Appeal, and Constitutional Court as necessary. Participate on stakeholder forums, case management forums, and any other forums on instruction by the Investigating Director.
Formulate opinions on novel questions of law, and other legal matters. Prepare applications or reply to motions and argue in motion court. Respond to parliamentary queries when requested. Formulate and/ comment on prosecution policies and/ or directives.
Manage and supervise staff including mentoring, coaching, the provision of legal guidance, performance management, individual skills assessment, skills transfer, ensure that a high standard of professional work is being carried out, improvement of service delivery, ensure adherence to professional code of conduct and ethical standards, and the achievement of the units strategic objectives.
Adherence to the highest ethical standards and professional conduct in keeping with the LPC, NPA values, and the International Standards of Prosecution and prosecutors.