National Prosecution Service

The National Prosecution Service (NPS) is composed of the various DPP offices (and their subordinates) and are responsible for the day to day criminal prosecutions. State Advocates (attached to the office of the DPP) prosecute matters in the Superior Courts, whilst Public Prosecutors (attached to various Magistrate's Courts), prosecute matters in the Lower Courts.

Investigating Directorate

The Investigating Directorate (ID) was created in April 2019.^[5][6] Its mandate is to investigate and prosecute high-profile and complex crimes, especially under the Prevention of Organised Crime Act, the Prevention and Combatting of Corrupt Activities Act, and the Public Finance Management Act.

The ID is sometimes called the "New Scorpions,"^[7] after the NPA's former Directorate of Special Operations, better known as the Scorpions. The Scorpions, launched on 1 September 1999 and controversially disbanded in July 2009, was also an elite unit which investigated organised crime and pursued politically sensitive cases.

It is currently working with the Zondo Commission on prominent cases relating to state capture, and since its establishment has been led by Hermione Cronje, who tendered her resignation on 30 November 2021.^[7] As of January 2022, it is reportedly investigating allegations and evidence contained within the first part of the Zondo Commission Report.^[8]

Specialised Commercial Crime

The Specialised Commercial Crime Unit (SCCU) was established to prosecute serious economic offences such as fraud. Some of its cases are also high-profile – for example, it is currently investigating fraud at Steinhoff and VBS Mutual Bank.^[9] In 2012, there was a scandal when SCCU head Lawrence Mrwebi unlawfully dropped fraud and corruption charges that SCCU prosecutors had been pursuing against Richard Mdluli, the former head of the police's Crime Intelligence Division.^[10][11][12]

Asset Forfeiture

The Asset Forfeiture Unit (AFU) was established in May 1999, to give effect to certain provisions in the Prevention of Organised Crime Act which allow for the criminal or civil seizure (and subsequent forfeiture to the state) of assets belonging to perpetrators of crime. Once forfeited, these assets are realised and are utilised to compensate the victims of crime and/or are ploughed back into law enforcement.

Sexual Offences and Community Affairs

The Sexual Offences and Community Affairs (SOCA) unit was established in October 1999 to combat gender-based violence against women and children. SOCA comprises the Sexual Offences Section; the Domestic Violence Section; the Maintenance Section; and the Child Justice Section.^[when?] It also coordinates the network of Thuthuzela Care Centres (TCCs), which employ a multi-disciplinary approach to deal with victims of rape in South Africa.^[13][14][15] As of September 2022^[update], there were 58 TCCs.^[14]

Witness Protection

The Office for Witness Protection supports vulnerable and intimidated witnesses and related persons during judicial proceedings.^[16] The unit also provides assistance and co-operation to other countries, tribunals and special courts, in the field of witness protection. The functions and duties of the office are classified "SECRET" in terms of the Witness Protection Act.

Priority Crimes Litigation

The Priority Crimes Litigation Unit (PCLU) was created by Presidential proclamation on 23 March 2003 and mandated to direct investigations and prosecutions for crimes arising from to the Rome Statute, crimes against the State including national and international terrorism, matters emanating from the Truth and Reconciliation (TRC) process and contraventions of the Regulation of Foreign Military Assistance Act (Act No 15 of 1998), the Non-Proliferation of Weapons of Mass Destruction Act (Act No 87 of 1993), The National Conventional Arms Control Act (Act No 41 of 2002), The Nuclear Energy Act (Act No 46 of 1999) and The Intelligence Services Act (Act No 65 of 2002).

Administrative units

The following units oversee aspects of the NPA's internal organisation:

• The Integrity Management unit monitors and maintains the NPA's integrity and oversees the reactive systems and processes where there has been a compromise of the organisation's integrity
• The Corporate Services unit provides corporate service support to multiple business partners within the NPA.

List of National Directors

History of appointments

There has been remarkable instability in the office of the NDPP – no NDPP has ever served his full ten-year term. Two of the three permanent appointments made by Jacob Zuma during his presidency were later invalidated by the Constitutional Court, and two other incumbents were subjected to official inquiries, instituted under Section 12(6) of the National Prosecuting Act of 1998, into their fitness to hold the office. Controversial extraordinary changes in NPA leadership have been attributed to political interference.^{[2][3][17][18][19]} In June 2014, former NPA prosecutor Glynnis Breytenbach, a Member of Parliament for the Democratic Alliance (DA) and Shadow Minister of Justice,^[20][21] called for an end to ongoing political interference in the NPA, which she said had compromised its integrity.^[22][23]

"Spy tapes" allegations

The "spy tapes" were secretly recorded telephone conversations between Ngcuka, who was the former NDPP, and Leonard McCarthy, who was the former head of the Scorpions unit, which had investigated Zuma for corruption relating to the Arms Deal. The tapes, recorded shortly before the December 2007 52nd National Conference of the ruling African National Congress (ANC) at which Zuma beat national President Mbeki in an electoral contest for the ANC presidency, allegedly documented Ngcuka and McCarthy colluding to manipulate the prosecutorial process.^[59] The recordings were made by the National Intelligence Agency and the Organised Crime Unit of the South African Police Service.^[60]

Shortly before the spy tapes scandal broke in 2009, the Supreme Court of Appeal had overturned an earlier decision by the High Court to dismiss corruption charges against Zuma, so the possibility of a criminal trial had been reopened.^[61] However, the tapes were used to support the allegation that the NPA's prosecution of Zuma had been politically motivated.^[61] NPA prosecutors maintained that the spy tapes were irrelevant to the actual charges against Zuma, especially since (as products of an intelligence agency) they had likely been illegally obtained, meaning that the burden was on Zuma to prove their authenticity and admissibility.^[62] However, they were overruled by Mpshe, who dropped the charges against Zuma in April 2009.^[61] He said that the tapes showed that there had been a political conspiracy against Zuma.^[59] Sam Sole of amaBhungane agreed that the tapes documented a "crass [pro-Mbeki] partisanship" on the part of McCarthy.^[63]

Opposition party the Democratic Alliance (DA) applied to have Mpshe's decision reviewed and set aside – and a court hearing of such a review would require the NPA to provide the DA with the record of proceedings. After a prolonged legal battle, in which the NPA and Zuma sought to keep the content of the spy tapes confidential,^[61][64][65] the Supreme Court of Appeal in August 2014 compelled the NPA to comply with an earlier court order requiring it to provide the spy tapes to the DA.^[59] In October 2014, the Sunday Times made part of the spy tapes transcripts public for the first time, having been granted access to them by the courts.^[60] The Pretoria High Court and Supreme Court of Appeal both ultimately found that Mpshe's decision to drop the charges against Zuma had been irrational and should be reconsidered.^[64]