5 Differences Between Prosecutor and Lawyer in South Africa

There are 5 major differences between a prosecutor and lawyer in South Africa. These differences are in terms of who they work for, how they get appointed, what they do in court, what their main goal is, how the public views them. On this page, we will explore each of these differences to make you understand better.

We also highlight the main differences in a table format, and also compare these differences to other countries as well.

5 Differences Between Prosecutor and Lawyer in South Africa

Below is a list of 5 differences between a Prosecutor and a Lawyer in South Africa:

1. Who They Work For

A prosecutor works for the State. Their job is to represent the people of South Africa, and they are usually employed by the National Prosecuting Authority (NPA). They do not pick and choose clients. Cases are assigned to them and they prosecute on behalf of the government.

A lawyer works for private individuals or businesses. They are hired by clients and represent whoever pays for their services, whether in criminal cases, business deals, divorces, or other legal matters.

2. How They Get Appointed

Prosecutors are employed by the government. They apply through the NPA after completing their law qualifications and enter public service.

Lawyers are more flexible. Once they complete their qualifications and training, they can choose to register as attorneys or advocates and work in private practice, law firms, or corporate legal departments.

3. What They Do in Court

Prosecutors mostly handle criminal cases. They present the State’s evidence, lead witnesses, and aim to prove that the accused broke the law.

Lawyers may work on a variety of legal matters, from defending accused persons in criminal cases to handling civil disputes, contracts, or family matters. Their role depends on the area of law they choose.

4. Their Main Goal

A prosecutor’s goal is to seek justice, not just convictions. If the evidence is weak or unfair, they are expected to act responsibly and even withdraw the case.

A lawyer’s duty is to act in the best interest of their client. Whether defending someone in court or negotiating a contract, their loyalty lies with the person who hired them.

5. How The Public Sees Them

Prosecutors are often seen as authority figures who represent the system. Some people view them as powerful, others may see them as working against the accused.

Lawyers are more personal. They are seen as protectors, helpers, or defenders. But depending on the case, they might also be criticised for defending controversial clients.

Prosecutor vs Lawyer in South Africa

Below is a summarised overview of the main differences between a Prosecutor and a Lawyer in South Africa, as discussed above:

Category	Prosecutor	Lawyer
Who they work for	The State (NPA)	Private individuals or businesses
How they’re appointed	Government employment	Client-based or independent
Role in court	Present the State’s case	Defend or represent a private client
Main objective	Seek justice for the public	Act in the best interest of the client
Public perception	Authority figure, part of the system	Personal helper, defender, or expert

What About Other Countries?

In the United States, prosecutors are known as District Attorneys and are either elected or appointed by local government. In the UK, prosecutors work under the Crown Prosecution Service. While systems differ, the same core difference remains: prosecutors serve the state, lawyers serve individuals.