A prosecutor in South Africa plays one of the most critical roles in the justice system. Prosecutors represent the State in criminal cases — they decide whether to charge someone with a crime, prepare cases for trial, and present evidence in court.
On this page, you will learn who a prosecutor is under South African law, how their role fits within the National Prosecuting Authority (NPA), what laws guide their powers and responsibilities, how prosecution evolved in South Africa’s history, and the five key things every citizen should know when dealing with a prosecutor.
Understanding a Prosecutor under South African Law
The position of a prosecutor is established by the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) under Section 179, which provides for a single National Prosecuting Authority (NPA).
Section 179(2) of the Constitution states:
“The prosecuting authority has the power to institute criminal proceedings on behalf of the State, and to carry out any necessary functions incidental to instituting such proceedings.”
This means prosecutors are responsible for ensuring that justice is done, not just that convictions are secured. Their primary duty is to act fairly and in the public interest, guided by facts and the law.
The National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) further defines the structure, powers, and responsibilities of prosecutors in South Africa.
Historical Evolution of the Prosecutor’s Role in South Africa
Before 1994, the prosecuting system was fragmented, often influenced by political and racial interests. Each province or homeland had its own prosecution service, and prosecutions could be manipulated for political purposes.
After the democratic transition, the NPA was created in 1998 to ensure independence and uniformity. It operates under the direction of the National Director of Public Prosecutions (NDPP), who is appointed by the President.
The goal of this reform was to create a prosecution system that is independent, impartial, and based on justice, not politics.
Key Functions of a Prosecutor in South Africa
- Deciding whether to prosecute
Prosecutors assess evidence gathered by the police and determine whether there is a reasonable prospect of conviction before going to court. - Representing the State in criminal trials
They present the case in court, call witnesses, and challenge the defence’s evidence. - Advising investigators
Prosecutors often guide police officers on the legal aspects of investigations to ensure evidence is collected lawfully. - Protecting the rights of victims and the accused
Prosecutors must ensure fair treatment for both sides, respecting constitutional rights. - Preventing wrongful prosecutions
They must decline to prosecute when evidence is weak or the case is not in the public interest.
Legal Framework Governing Prosecutors
| Law / Policy | Purpose |
|---|---|
| Constitution of South Africa (Section 179) | Establishes the National Prosecuting Authority (NPA). |
| National Prosecuting Authority Act, 1998 | Regulates the powers and duties of prosecutors and defines the NDPP’s role. |
| Criminal Procedure Act, 1977 | Outlines the rules of prosecution and trial procedures. |
| Victims’ Charter (2004) | Ensures that victims are treated with dignity and fairness during prosecutions. |
| Public Finance Management Act, 1999 | Governs how public funds are managed by the NPA. |
Types of Prosecutors in South Africa
- Junior Prosecutors: Handle cases in district magistrate’s courts such as minor assaults, theft, and traffic offences.
- Senior Prosecutors: Deal with more serious cases in regional courts such as robbery, rape, or fraud.
- Advocates of the NPA: Represent the State in the High Courts, especially in serious criminal matters such as murder or organised crime.
- Specialised Units: Within the NPA, there are specialised divisions such as:
- Asset Forfeiture Unit (AFU) – recovers proceeds of crime.
- Specialised Commercial Crime Unit (SCCU) – prosecutes fraud and corruption.
- Sexual Offences and Community Affairs Unit (SOCA) – focuses on gender-based violence, domestic abuse, and crimes against children.
5 Important Points Every South African Should Know about Prosecutors
- Prosecutors do not work for victims or accused persons — they represent the State, not individual interests.
- They can withdraw charges if evidence is weak or if proceeding is not in the public interest.
- You have the right to be informed if a case against you is withdrawn or if you are required to appear in court.
- Prosecutors must act ethically and cannot use intimidation or bias.
- You can report prosecutorial misconduct to the National Director of Public Prosecutions or the Public Protector.
Real Example
If you lay a charge of fraud and the police complete their investigation, the file is sent to a prosecutor who decides whether to take the matter to court. If the evidence is not strong enough, the prosecutor may decline to prosecute and refer the case back for further investigation. This shows that prosecutors act as a filter to ensure that only cases with sufficient evidence proceed to trial.
Implications of the Prosecutor’s Role
The prosecutor’s power to decide who gets charged carries major implications for justice:
- It prevents the courts from being flooded with baseless cases.
- It protects innocent people from unfair trials.
- It ensures that serious offenders are brought before the law.
- It promotes trust in the criminal justice system.
- It reinforces the rule of law by holding everyone accountable, regardless of status.
FAQs About What Is a Prosecutor in South Africa
Many South Africans hear about prosecutors in court cases but are not always sure what they actually do.
These FAQs explain the role of a prosecutor in South Africa, the laws that guide their work, and how they ensure that justice is served in every criminal case.
What is a prosecutor in South Africa?
A prosecutor in South Africa is a legal professional who represents the State in criminal cases. Their main duty is to present evidence in court against an accused person on behalf of society. Prosecutors work under the National Prosecuting Authority (NPA), which is established by Section 179 of the Constitution of South Africa.
What law governs prosecutors in South Africa?
Prosecutors operate under the National Prosecuting Authority Act, 1998 (Act 32 of 1998). This Act outlines the structure, powers, and independence of the NPA. It ensures that prosecutors make decisions without political influence and act only in the interest of justice.
Who appoints prosecutors in South Africa?
The President of South Africa appoints the National Director of Public Prosecutions (NDPP), who leads the NPA. Other prosecutors — including senior state advocates and regional prosecutors — are appointed by the NPA’s administration, following the guidelines of the Act.
What is the main duty of a prosecutor?
The main duty of a prosecutor is to decide whether to prosecute, present evidence, and prove the guilt of the accused beyond a reasonable doubt. They do not work to win cases but to ensure that truth and fairness guide the outcome of every trial.
What is the difference between a prosecutor and a lawyer?
A prosecutor represents the State (the government) in criminal cases, while a lawyer can represent private individuals or companies in civil or criminal matters. A prosecutor’s goal is not personal victory but public justice — ensuring that criminals are punished and innocent people are protected.
Can a prosecutor withdraw a case in South Africa?
Yes. If a prosecutor believes there is insufficient evidence, they may withdraw the case before it goes to trial. However, if new evidence later appears, the case can be reinstated. This is done under the supervision of the Director of Public Prosecutions (DPP).
What qualifications are needed to become a prosecutor?
A person must hold an LLB degree, complete practical legal training, and be admitted as an attorney or advocate to qualify. Prosecutors also undergo training through the Justice College before handling court cases independently.
How do prosecutors ensure fairness in South African courts?
Prosecutors must follow the NPA’s Code of Conduct, which demands honesty, objectivity, and respect for human rights. They must disclose all relevant information to the defence, even if it helps the accused, and ensure that no one is convicted unfairly.
What is the role of the NPA in criminal justice?
The National Prosecuting Authority (NPA) manages all public prosecutions on behalf of the State. It works closely with the South African Police Service (SAPS) and the courts to ensure that offenders are charged lawfully and victims receive justice.
Why are prosecutors important in South Africa?
Prosecutors are the voice of justice in the courtroom. They uphold the law, protect the rights of victims, and ensure that South Africa’s justice system remains fair and credible. Without prosecutors, criminal cases could not be effectively pursued, and public trust in justice would collapse.
Conclusion: The Power and Responsibility of the Prosecutor
A prosecutor in South Africa is more than just a lawyer who argues in court. They carry the constitutional duty to ensure that justice is done — fairly, impartially, and transparently. The NPA’s independence is vital to keeping prosecutions free from political or personal influence.
For citizens, understanding what prosecutors do helps you know what to expect when a case reaches court — and ensures that you recognise when the system is working as it should, or when it needs to be challenged.
