Assessing the independence and credibility of the national prosecuting authority

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dc.contributor.advisorMezmur, Benyam Dawit
dc.contributor.authorWilliams, Juan-Pierre
dc.date.accessioned2020-10-08T08:02:32Z
dc.date.accessioned2024-04-02T09:14:01Z
dc.date.available2020-10-08T08:02:32Z
dc.date.available2024-04-02T09:14:01Z
dc.date.issued2019
dc.descriptionMagister Legum - LLMen_US
dc.description.abstractMembers of the National Prosecuting Authority (NPA) are required to be dedicated to the rule of law. Yet, recent and past decision-making has caused instability in the functioning of the NPA. The decision to prosecute or not to prosecute involves the exercise of discretion. The NPAs use of this discretion has been called into question on numerous occasions which has resulted in the erosion of its independence and credibility. There are constitutional and legislative provisions in place to guide prosecutors in the decision-making process which allows for a measure of accountability. However, the link between prosecutorial independence and accountability for decision-making is not clear when looking at recent and past decisions by the National Directors of Public Prosecutions. Therefore, an evaluation of the instability in the office of the National Director of Public Prosecutions during the period of 1998-2018 will be discussed. The research discusses the unwarranted intrusion on prosecutorial decision-making. Furthermore, external interfering has resulted in the loss of public confidence in the functioning of the NPA. The administrative duties of prosecutors are guided by constitutional and legislative procedures. Hence, the research will identify whether these procedures are efficient for the effective administration of the NPA. Key to the already mentioned will be providing recommendations on how to create stability in an institution that has been surrounded by instability for the past 20 years.en_US
dc.identifier.urihttps://hdl.handle.net/10566/10462
dc.language.isoenen_US
dc.publisherUniversity of the Western Capeen_US
dc.rights.holderUniversity of the Western Capeen_US
dc.subjectProsecutorial independenceen_US
dc.subjectProsecutorial authorityen_US
dc.subjectNational prosecuting authority acten_US
dc.subjectNational prosecuting authorityen_US
dc.subjectNational director of public prosecutionsen_US
dc.subjectExecutiveen_US
dc.subjectCriminal justice systemen_US
dc.subjectCredibilityen_US
dc.subjectConstitutionen_US
dc.subjectAttorney-Generalen_US
dc.titleAssessing the independence and credibility of the national prosecuting authorityen_US

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