First Schedule (Section 5(3))
Provisions applicable to Board
1. Interpretation in First Schedule
In this Schedule—“appointed member”, in relation to the Board, means a member appointed under Section 5;“Chairperson” means the Chairperson of the Board referred to in Section 5(1).2. Disqualification for appointment to Board
(1)Subject to this Act, a person shall not be qualified for appointment as a member of the Board, nor shall he or she hold office as an appointed member, if—(a)he or she is not a citizen of Zimbabwe or ordinarily resident in Zimbabwe; or(b)he or she is a member of two or more other statutory bodies; or(c)he or she is a member of Parliament; or(d)he or she is a member of a local authority or is n the full-time employment of a local authority; or(e)in terms of the law in force in any country—(i)he or she has been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or(ii)he or she has made an assignment to or composition with his or her creditors which has not been rescinded or set aside;or(f)within the period of five years immediately preceding his or her proposed appointment, he or she has been sentenced in a country to a term of imprisonment imposed with or without the option of a fine, whether or not any portion thereof has been suspended, and has not received a free pardon.(2)For the purposes of subparagraph (1)(b)—(a)a person who is appointed to a council, board or authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body;(b)“statutory body” means—(i)any Commission established by the Constitution; or(ii)any corporate body established directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister or any other statutory body or by a Commission established by the Constitution.3. Term of office and conditions of service of members of Board
(1)Subject to this Schedule, the term of office of an appointed member of the Board shall be such period not exceeding five years as the Minister may fix on his or her appointment.Provided that notwithstanding paragraph (2), the Minister shall ensure that at least two members who have held office in the Board continue for another term.(2)On the expiry of an appointed member’s term of Authority, he or she shall be eligible for reappointment.(3)Subject to this Schedule, the conditions of service of an appointed member of the Board, including allowances, shall be fixed by the Minister in consultation with the Minister responsible for finance, at the time of his or her appointment.(4)Notwithstanding any other provision of this paragraph, the allowances payable to an appointed member of the Board shall not be reduced during his or her tenure of office.4. Vacation of office by members of Board
(1)An appointed member of the Board may resign from his or her office at any time by giving the Minister and the Board such notice of his or her intention to resign as may be fixed in his or her conditions of service in terms of paragraph 3 or, if no such period has been fixed, after the expiry of thirty days from the date he or she gives notice or after the expiry of such other period of notice as he or she and the Minister may agree.(2)An appointed member of the Board shall be deemed to have resigned from his or her office and his or her office shall become vacant—(a)if he or she becomes disqualified for appointment to the Board in terms of paragraph 2(a), (b), (c), (d) or (e); or(b)on the date he or she begins to serve a sentence of imprisonment, whether or not any portion was suspended, imposed with or without the option of a fine—(i)in Zimbabwe, in respect of an offence; or(ii)outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would have constituted an offence.5. Filling of vacancies of Board
On the death of, or vacation of office by, an appointed member of the Board, the Minister shall fill the vacancy within three months.6. Procedure of Board
(1)Subject to subparagraph (2), the Board shall meet at such dates, times and places as may be fixed by the chairperson:Provided that the Board shall meet at least once every three months.(2)The chairperson—(a)may convene a special meeting of the Board at any time; and(b)shall convene a special meeting of the Board on the written request of not fewer than two members, which meeting shall be convened for a date not sooner than seven days and not later than thirty days after the chairperson’s receipt of the request.(3)Written notice of a special meeting convened in terms of subparagraph (2) shall be sent to each member not later than forty-eight hours before the meeting and shall specify the business for which the meeting has been convened:Provided that a failure by a member to receive such a notice, or an inadvertent failure to send notice to a member, shall not invalidate the meeting.(4)No business shall be discussed at a special meeting convened in terms of subparagraph (2) other than—(a)such business as may be determined by the chairperson where he or she convened the meeting in terms of subparagraph (2)(a); or(b)the business specified in the request for the meeting, where the chairperson convened the meeting in terms of subparagraph (2)(b).(5)In the absence of the chairperson the deputy chairperson shall preside over the meeting of the Board as chairperson.(6)In the absence of the chairperson or deputy chairperson, the members present shall, if they constitute a quorum, elect one of their numbers to preside over the meeting of the Board as chairperson.(7)At any meeting of the Board, five of the members of the Board shall form a quorum.(8)The Board will undertake to make decisions by consensus among the members present at the meeting of the Board at which a quorum is present; failing which anything authorised or required to be done by the Board shall be decided by a majority vote of the members at that meeting.(9)At all meetings of the Board each member present shall have one vote on each question before the Board:Provided that, in the event of an equality of votes, the chairperson or person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.(10)With the approval of the Board, the chairperson may invite any person to attend a meeting of the Board where the chairperson considers that the person has special know ledge or experience in any matter to be considered at the meeting.(11)A person invited to attend a meeting of the Board under subparagraph (9) may take part in the meeting as if he or she were a member of the Board, but shall not have a vote on any question before the meeting.(12)Any proposal circulated among all members of the Board and agreed to in writing by a majority of them shall have the same effect as a resolution passed at a duly constituted meeting of the members and shall be incorporated into the minutes of the next meeting of the Board:Provided that, if a member requires that such a proposal be placed before a meeting of the Board, this subparagraph shall not apply to the proposal.(13)Except as otherwise provided in this paragraph, the procedure for the convening and conduct of meetings of the Board shall be as fixed from time to time by the Board.7. Committees of Board
(1)For the better exercise of its functions, the Board may establish one or more committees in which it may vest such of its functions as it considers appropriate.(2)The vesting of a function in a committee in terms of subparagraph (1)—(a)may be made absolutely or subject to conditions and may be amended or withdrawn at any time; and(b)shall not divest the Board of that function;and the Board may amend or rescind any decision of the committee in the exercise of that function.(3)On the establishment of a committee under subparagraph (1) the Board—(a)shall appoint at least one of its members as a member of the committee, and that member or one of those members designated by the Board, as the case may be, shall be chairperson of the committee; and(b)may appoint as members of the committee persons who are not members of the Board and fix the terms and conditions of their appointment.(4)Meetings of a committee may be convened at any time and at any place by the chairperson of the committee.(5)If the chairperson of the committee is absent from a meeting of the committee, the members present may elect one of their number to preside at that meeting as chairperson.(6)A majority of members of a committee shall form a quorum at any meeting of a committee.(7)Anything authorised or required to be done by a committee may be decided by a majority vote at a meeting of the committee at which a quorum is present.(8)At all meetings of a committee each member present shall have one vote on each question before the committee:Provided that, in the event of an equality of votes, the chairperson or person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.(9)Subject to this paragraph, the procedure to be followed at any meeting of a committee shall be fixed by the Board.8. Minutes of proceedings
(1)The Board shall cause minutes to be taken at its meetings and at meetings of its committees and enter them in books kept for the purpose.(2)Any minutes which purport to be signed by the person presiding at the meeting to which the minutes relate or by the person presiding at the next following meeting of the Board or committee, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings and decisions taken at the meeting concerned.(3)The Board and any committee of the Board shall cause copies of all minutes that have been signed to be sent to the Minister for his or her information.9. Validity of decisions and acts of Board
(1)No decision or act of the Board or act done under the authority of the Board shall be invalid solely because there were one or more vacancies on the Board when the decision was taken or the act was done or authorised or a disqualified person partook in the act or decision.(2)If any decision or other act of the Board is rendered invalid through a procedural irregularity, the Board may at a duly convened meeting ratify the decision or act, and any decision or act so ratified shall be valid in all respects with effect from the date of its ratification.Second Schedule (Section (5)(4))
Powers of National Prosecuting Authority Board
1.To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and interests therein and rights thereof and concessions, grants, powers and privileges in respect thereof.2.To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions.3.To maintain, alter or improve property acquired by it.4.To mortgage any assets, or part of any assets and, with the approval of the minister, to sell, exchange, lease, dispose of, turn to account or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions for such consideration as it may determine.5.To open bank accounts in the name of the national prosecuting authority and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions promissory notes, bills of exchange, securities and other negotiable or transferable instruments.6.To insure against losses, damages, risks and liabilities which it may incur.7.To make contracts and enter into suretyships or give guarantees in connection with the exercise of its functions and to modify and rescind such contracts or rescind such suretyships or guarantees.8.With the approval of minister, to establish and administer such funds and reserves not specifically provided for in this act as the board considers appropriate or necessary for the proper exercise of the functions of the national prosecuting authority.9.To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to members as it considers fit.10.To provide pecuniary benefits for members on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, provident funds or make such other provision as may be necessary to secure for members and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.11.To purchase, take on lease or in exchange or otherwise acquire land or dwelling-houses for use or occupation by members.12.To construct dwellings, outbuildings or improvements for use or occupation by members.13.To sell or lease dwelling-houses and land for residential purposes to members.14.To provide or guarantee loans made to members for the purchase of dwelling-houses or land for residential purposes, the construction of dwelling-houses and the improvement of dwelling houses or land which are the property of members, subject to any conditions that may be imposed by the board from time to time.15.To provide security in respect of loans by the deposit of securities, in which the national prosecuting authority may invest such money as the board may consider necessary for the purpose.16.Subject to any conditions that may be imposed by the board from time to time, to provide loans to any members—(a)for the purpose of purchasing vehicles, tools or other equipment to be used by members in carrying out their duties; or(b)not exceeding six months’ salary or wages payable to the members concerned, for any purpose and on such security as the Board thinks adequate.17.To do anything for the purpose of improving the skill, knowledge or usefulness of members and in that connection to provide or assist other persons in providing facilities for training, education and research, including the awarding of scholarships for such training.18.To provide technical advice or assistance, including training facilities, to the national prosecuting authority of other countries.19.To accept, with the approval of the minister, any donations, gifts or assistance from any organisation or person.20.To do anything which by this act is required or permitted to be done by the national prosecuting authority.21.Generally to do all such things as are calculated to facilitate or are incidental or conducive to the performance of the functions of the national prosecuting authority in terms of this act or any other enactment.Third Schedule (Section 12(5))
Authority to prosecute in the courts of Zimbabwe
| Authority to prosecute issued in terms of Section 12(5) of the National Prosecuting Authority Act |
| I, ________________________________________________________________________, Prosecutor-General of Zimbabwe, do herby |
| nominate and appoint _________________________________________________________________to appear before the Magistrates |
| Court, High Court, Supreme Court and Constitutional Court of Zimbabwe, for me and in my name, to prosecute all such cases as shall be therein pending. |
| Dated at Harare this _________ day of _______________, 20______ |
| Prosecutor-General |
Fourth Schedule (Section 33)
Amendment of various Acts
Part I – Interpretation Act
In section 3 (“Definitions”) (3), by the insertion of the following definitions—“National Prosecuting Authority” means the National Prosecuting Authority established in terms of section 258 of the Constitution;“Prosecutor-General” means the Prosecutor-General appointed in terms of section 259 of the Constitution;”.Part II – Privileges, Immunities and Powers of Parliament Act
In section 22 (“Prosecutions by Attorney-General”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutions by Prosecutor-General”(b)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(c)in subsection (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part III – Electoral Act
In section 133J (“Investigations, prosecutions and trials of cases of politically-motivated violence and intimidation”) (4) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;Part IV – Children’s Act
In section 4 (“Officers of juvenile courts”) (7) by the deletion of Attorney-General and the substitution of “Prosecutor-General”.Part V – Insolvency Act
In section 70 (“Steps to be taken on suspicion of offence”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part VI – High Court Act
1.In section 6 (“Assessors in criminal trials”) (4) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 29 (“Powers on review of criminal proceedings”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 35 (“Concession of appeal by Attorney-General”)—(a)by the deletion of the heading thereto and the substitution of “Concession of appeal by Prosecutor-General”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.4.In section 36 (“Prosecution of appeals in person”) (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.5.In section 38A (“Special powers of High Court in respect of appeals by Attorney-General on points of law”)—(a)by the deletion of the heading thereto and the substitution of “Special powers of High Court in respect of appeals by Prosecutor-General on points of law”;(b)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(c)in subsection (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.6.In section 44 (“Right of appeal from High Court in criminal cases”)—(a)in subsection (5)(b) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(b)in subsection (6) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(c)in subsection (7) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part VII – Inquest Act
In section 13 (“Transmission of inquests and reports”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part VIII – Magistrates Court Act
1.In section 49 (“Jurisdiction in criminal cases”)—(a)by the deletion in subsection (2)(a) of “Attorney-General” and the substitution of “Prosecutor-General”;(b)by the deletion in subsection (2)(b) of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 50 (“Ordinary jurisdiction as to punishment”)—(a)by the deletion in subsection (1)(b) of “Attorney-General” and the substitution of “Prosecutor-General”;(b)by the deletion in subsection (2) of “Attorney-General [” and the substitution of “Prosecutor-General”;(c)by the deletion in subsection (3) of “Attorney-General” and the substitution of “Prosecutor-General”;(d)by the deletion in subsection (4) of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 51 (“Special jurisdiction as to punishment”)—(a)by the deletion in subsection (1)(c) of “Attorney-General” and the substitution of “Prosecutor-General”;(b)by the deletion in subsection (2)(b) of “Attorney-General” and the substitution of “Prosecutor-General”;(c)by the deletion in subsection (4)(a) of “Attorney-General” and the substitution of “Prosecutor-General”;(d)by the deletion in subsection (4)(c) of “Attorney-General” and the substitution of “Prosecutor-General”;(e)by the deletion in subsection (4)(d) of “Attorney-General” and the substitution of “Prosecutor-General”.4.In section 52 (“Magistrate may be assisted by assessors”)—(a)by the deletion in subsection (1) of “Attorney-General” and the substitution of “Prosecutor-General”;(b)by the deletion in subsection (2) of “Attorney-General” and the substitution of “Prosecutor-General”;(c)by the deletion in subsection (5) of “Public Service” and the substitution of “Civil Service”.5.In section 54 (“Stopping and conversion of trials”)—(a)by the deletion in subsection (1) of “Attorney-General” and the substitution of “Prosecutor-General”;(b)by the deletion in subsection (2) of “Attorney-General” and the substitution of “Prosecutor-General”.6.In section 55 (“Imposition or bringing into operation of sentences suspended by High Court”)—(a)by the deletion in subsection (1) of “Attorney-General” and the substitution of “Prosecutor-General”;(b)by the deletion in subsection (2) of “Attorney-General” and the substitution of “Prosecutor-General”.7.In section 56 (“Local limits of jurisdiction”) (9) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.8.In section 61 (“Attorney-General may appeal to supreme court on point of law or against acquittal”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General may appeal to Supreme Court on point of law or against acquittal”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.9.In section 62 (“Attorney-General may appeal to Supreme Court against sentence”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General may appeal to Supreme Court against sentence”;(b)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part IX – Supreme Court Act
1.In section 10 (“Concession of appeal by Attorney-General”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”—(a)by the deletion of the heading thereto and the substitution of “Concession of appeal by Prosecutor-General”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 11 (“Prosecution of appeals in person”) (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 13 (“Special powers of Supreme Court in respect of appeals by Attorney-General on points of law or against acquittals”)—(a)by the deletion of the heading thereto and the substitution of “Special powers of Supreme Court in respect of appeals by Prosecutor-General on points of law or against acquittals”;(b)in subsections (1) and (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part X – Transfer of Offenders Act
1.In section 4 (“Application for and agreement to transfer of offender”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 11 (“Juvenile offenders and mentally disordered or defective offenders”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 12 (“Transfer of foreign offenders”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XI – Legal Aid Act (No. 18 of 1996)
1.In section 3 (“Establishment and of Legal Aid Directorate”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 10 (“Legal aid at instance of court or Attorney-General”)—(a)by the deletion of the heading thereto and the substitution of “Legal aid at instance of court or Prosecutor-General”;(b)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 12 (“Reassignment of legal practitioner”) (1) by the deletion of “Attorney-General” and the substitution of "Prosecutor-General”.Part XII – Judicial College Act (No. 18 of 1998)
1.In section 7 (“Establishment and membership of Council”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 13 (“Principal of College”) in subsection (2)(b) by the deletion of “Attorney-General’s office” and “Attorney-General” and the substitution of “National Prosecuting Authority” and “Prosecutor-General” respectivelyPart XIII – Criminal Matters Mutual Assistance Act
1.In section 2 (“Interpretation”) by the deletion of “police force” and substitution of “police service”.2.By the repeal of section 2A and the substitution of the following—“2A Purpose of Act and powers and responsibilities of Prosecutor-General(1)The purpose of this Act is to enable the Prosecutor-General and appropriate authorities to provide the widest possible range of cooperation to each other for purposes of mutual legal assistance in criminal matters, including (without derogating from the generality of the foregoing) mutual legal assistance in connection with criminal investigations and proceedings related to money laundering and financing of terrorism and to associated predicate offences.(2)This Act shall be construed in such manner as best ensures the attainment of its purpose referred to in subsection (1).(3)The Prosecutor-General has the responsibility and power to make and receive requests for assistance in any criminal matter in accordance with this Act, and in so doing shall ensure the timeous, expeditious and proper processing of the same, for which purpose the Prosecutor-General may avail himself or herself of the services of the International Criminal Police Organization (commonly called “Interpol”).”.3.In section 6 (“Refusal of assistance”) by the deletion in subsection (1), (2) and (6) of “Attorney-General” and the substitution of” Prosecutor-General”.4.In section 7 (“Assistance may be conditional”) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.5.In section 8 (“Requests by Zimbabwe”) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.6.In section 9 (“Request for assistance by foreign country”) (1) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.7.In section 10 (“Requests by Zimbabwe”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.8.In section 11 (“Request for evidence, etc., by foreign country”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.9.In section 12 (“Requests by Zimbabwe for search and seizure”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.10.In section 13 (“Requests by foreign countries for search and seizure”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.11.In section 14 (“Request for removal of certain persons to Zimbabwe”) by the deletion of “Attorney-General” and the substitution of Prosecutor-General” wherever it appears.12.In section 15 (“Arrangements between Attorney-General and the Minister in relation to custody of certain persons”)—(a)by the deletion of the heading thereto and the substitution of “Arrangements between Prosecutor-General and the Minister in relation to custody of certain persons”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.13.In section 16 (“Custody of certain persons”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.14.In section 17 (“Immunities”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.15.In section 18 (“Status of person prosecuted for offence committed after departure from foreign country”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.16.In section 19 (“Limitation on use of General” wherever it appears.17.In section 20 (“Conditions of imprisonment”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.18.In section 21 (“Release of certain persons upon request by foreign country”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.19.In section 24 (“Requests for giving of evidence at hearing in foreign countries”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.20.In section 25 (“Requests for assistance in relation to investigations in foreign countries”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.21.In section 27 (“Transit”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.22.In section 30 (“Requests for enforcement of orders”) by the deletion of “Attorney-General” and the substitution of Prosecutor-General”.23.In section 31 (“Requests for issue of orders in foreign countries”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.23.In section 32 (“Registration of orders”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.24.In section 33 (“Requests for search and seizure warrants in respect of tainted property”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.25.In section 34 (“Requests for interim interdicts”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.26.In section 35 (“Requests for information gathering orders”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.27.In section 36 (“Service of documents”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.28.In section 37 (“Evidence”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XIV – Criminal Procedure and Evidence Act
1.In section 2 (“Interpretation”), in the definition of "public prosecutor”, by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.By the deletion of the subheading to Part II and the substitution of “Prosecutor-General”.3.By the repeal of section 6 and the substitution of—“6 delegation of functions by Prosecutor-General(1)Subject to the general or specific instructions of the Prosecutor-General, the officer to whom responsibility for public prosecutions is assigned under the National Prosecuting Authority Act , shall exercise all the rights and powers and perform all of the functions conferred upon the Prosecutor-General by section 259 of the Constitution, this Act or any other enactment, insofar as they relate to criminal proceedings.(2)The Prosecutor-General may, when he or she deems it expedient, appoint any legal practitioner entitled to practise in Zimbabwe to exercise (subject to the general or specific instructions of the Prosecutor-General) all or any of the rights and powers or perform all or any of the functions conferred upon the Prosecutor-General by section 259 of the Constitution, this Act or any other enactment, whether or not they relate to criminal proceedings.(3)The officer referred to in subsection (1) or a legal practitioner appointed in terms of subsection (2) may, subject to any conditions which the Prosecutor-General may impose—(a)sign any certificate, authority or other document required or authorised by an enactment referred to in those subsections; and(b)appoint a member of the National Prosecuting Authority constituted in terms of the National Prosecuting Authority Act , or a legal practitioner entitled to practise in Zimbabwe, as the case may be, to exercise the rights and powers or perform the functions delegated to him or her in terms of subsection (1) or (2), and the provisions of this subsection shall apply, with such changes as may be necessary, in respect of that appointment.”.4.By the repeal of section 7 and the substitution of the following—“7 National Director of Public ProsecutionsThere shall be a National Director of Public Prosecutions appointed in terms of section 8 of the National Prosecuting Authority Act .”.5.In section 9 (“Attorney-General’s power of stopping prosecutions”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General’s power of stopping prosecutions”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General’’.6.In section 9A (“Prosecutions for contempt of court proceedings”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.7.In section 10 (“Power of ordering liberation of persons committed for further examination, sentence or trial”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.8.In section 11 (“Functions of local Public Prosecutor”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears—(a)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(b)in subsection (3)(b) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.9.In section 13 (“Private prosecution on refusal of Attorney-General to prosecute”)—(a)by the deletion of the heading thereto and the substitution of “Private prosecution on refusal of Prosecutor-General to prosecute”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.10.In section 15 (“Private prosecutor may apply to court for warrant”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”11.In section 16 (“Certificate of Attorney-General that he declines to prosecute”)—(a)by the deletion of the heading thereto and the substitution of “Certificate of Prosecutor-General that he or she refuses to prosecute”;(b)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.12.In section 18 (“Failure of private prosecutor to appear on appointed day”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.13.In section 20 (“Competency of Attorney-General to take up and conduct prosecution at public instance”)—(a)by the deletion of the heading thereto and the substitution of “Competency of Prosecutor-General to take up and conduct prosecution at public instance”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.14.In section 22 (“Costs of private prosecution”) (3) (proviso) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.15.In section 25 (“Arrest without warrant by peace officer or other officer”) (1)(b) (proviso) by the deletion of “Attorney-General” and the substitution of ‘Prosecutor-General”.16.In section 32 (“Procedure after arrest without warrant”)—(a)in subsection (3b)(a) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears;(b)in subsection (3c) (proviso) by the deletion of ‘Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.17.In section 33 (“Warrant of arrest by judge, magistrate or justice”) (1)(a) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.18.In section 34 (“Execution of warrants”)—(a)in subsection (4)(b) by the deletion of "Attorney-General” and the substitution of “Prosecutor-General” wherever it appears;(b)in subsection (5)(proviso) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.19.In section 41 (“Breaking open of doors after failure in obtaining admission for purpose of arrest or search”) (5) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.20.In section 65 (“Accused to be committed for trial by Magistrates before High Court”) (provisos (i) and (iv)) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.21.In section 66 (“Summary committal for trial of accused person”)—(a)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears;(b)in subsection (6)(b)(ii) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General “;(c)in subsection (7) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(d)in subsection (8)(a) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(e)in subsection (9) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.22.In section 115A (“Verification of witnesses’ depositions in certain circumstances”) (1)(c) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.23.In section 116 (“Power to admit to bail”) (b) (proviso) and (c)(i) and (iii) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.24.In section 117 (“Entitlement to bail”) (7)(a) and (9) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.25.In section 118 (“Conditions of recognizance”) (2)(e) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.26.In section 121 (“Appeals against decisions regarding bail”) (1)(a), (3), (3)(a) and (b), 8(b) and (9), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.27.In section 123 (“Power to admit to bail pending appeal or review”) (1) (provisos (i) and (iii)) and (13), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.28.In section 131 (“Deposit instead of recognizance”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.29.In section 134 (“Remission of bail”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General “.30.In section 136 (“Charge in High Court to be laid in indictment”) (2) by the deletion wherever it appears of “Attorney-General” and the substitution of “Prosecutor-General”.37.In section 143 (Charges in remitted cases”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.38.In section 151 (“Rules applicable to particular indictments”) by the deletion of “Public Service” and the substitution of “Civil Service”.39.In section 160 (“Bringing of accused persons to trial before High Court”) (1) and (2) by the deletion wherever it appears of “Attorney-General” and the substitution of “Prosecutor-General”.40.In section 161 (“Change of place of trial”) (1) and (2), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.41.In section 162 (“When removed prisoner to be tried”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.42.In section 179 (“Notice of application to quash indictment and certain pleas to be given”) by the deletion wherever it appears of “Attorney-General” and the substitution of “Prosecutor-General”.43.In section 181 (“Person committed or remitted for sentence”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.44.In section 198 (“Conduct of trial”) (4) and (5), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.45.In section 225 (“Powers of Attorney-General”)—(a)by the deletion of the heading thereto and the substitution of “Powers of Prosecutor-General”;(b)by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General “.46.In section 226 (“Duties of Magistrate”) by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”.47.In section 227 (“Powers of judge in respect of case transferred to High Court for sentence”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.48.In section 266A (“Admissibility of evidence obtained from certain foreign countries”)—(a)in subsection (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”;(b)in subsection (6) by the deletion of “Attorney-General or his deputy” and the substitution of “Prosecutor-General or the National Director of Public Prosecutions”.49.In section 309 (“Evidence on charge of theft against employee or agent”) (1) by the deletion of “Public Service” and the substitution of “Civil Service”.50.In section 320 (“Dismissal of charge in default of prosecution”) (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.51.In section 322 (“Further proceedings against accused discharged for want of prosecution or whose recognizance has expired”)(2) by the deletion wherever it appears of “Attorney-General” and the substitution of “Prosecutor-General”.52.In section 330 (“Withdrawing charges”) (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.53.In section 342 (Manner of carrying out death sentences”) (1), (2) (proviso) and (3), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.54.In section 350D (“Amendment or revocation of community service order”) (1) (b) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.55.In section 377 (“President may commute sentence”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.56.In the Third Schedule (“Offences in respect of which power to admit persons to bail is excluded or qualified”) in paragraph 8 of Part II, by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XV – Extradition Act
1.In section 16 (“General restrictions on extradition in terms of Part III”) (1)(b)(ii) and (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In (“Bail and legal representation”) (2) by the deletion from subsection 2 of “Attorney-General” and the substitution of “Prosecutor-General”.3.In (“Evidence”) (1)(h) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XVI – Prevention of Corruption Act
In section 7 (“Appointment of investigators”) by the deletion from subsection (1) and (4) of “Attorney-General” and substitution of “Prosecutor-General” wherever it appears.Part XVII – Stock Theft Prevention Act
In section 2 (“Interpretation”) in the definition of “special jurisdiction” by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.Part XVIII – Genocide Act
In section 5 (“Attorney-General to authorize prosecutions under this Act”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General to authorise prosecutions under this Act”(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XIX – Anti-Corruption Commission Act
1.In section 13 (“Powers of Commission”) (5) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.2.In the Schedule (“Powers of Commission”)—(a)in paragraph 1 by the deletion of “Attorney-General” and substitution of “Prosecutor-General”:(b)by the repeal of paragraph (b) of paragraph 1 and the substitution of—“(b) contravening the Money Laundering and Proceeds of Crime Act (No. 4 of 2013) section 63 (“Money-laundering”) of the Serious Offences (Confiscation of Profits) Act ;”(c)in paragraphs 4, and 8 by the deletion of “Attorney-General’s Office” and substitution of “National Prosecuting Authority”.Part XX – Criminal Law (Codification and Reform Act
1.In section 34 (“Attorney-General to authorise prosecutions under Chapter III”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General to authorise prosecutions under Chapter III”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 68 (“Unavailable defences to rape, aggravated indecent assault and indecent assault”) (a) (proviso) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.3.In section 120 (“Joint ownership no defence”) (proviso) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.4.In section 142 (“Damage by co-owners, spouses and partners”) (proviso) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.5.In section 231 (“Attorney-General to authorise prosecutions of children under fourteen years”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General to authorise prosecutions of children under fourteen years”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXI – Money Laundering and Proceeds of Crime Act
1.In section 2 (“Interpretation”), in the definition of “law enforcement agency”, by the deletion of “police force” and the substitution of “police service”.2.In section 40 (“Application for interdict”) (1) and (4) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.3.In section 41 (“Interdict and notice thereof”) (1), (2) (b) and (6) by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.4.In section 42 (“Enforcement of interdicts abroad”) by the deletion of “Attorney-General” and substitution of “prosecutor-general” wherever it appears.5.In section 43 (“Further orders”) (1)(a) and (2)(a) and (a)(i), and (2)(b), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.6.In section 45 (“recording of interdicts against title to certain properties”) (1), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.7.In section 46 (“Contravention of interdict”) (1) and (2), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.8.In section 47 (“Property seizure order under Chapter IV”) (1), (4) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.9.In section 49 (“Duration of interdict”) (1) and (2), by the deletion of “Attorney-General” and substitution of “prosecutor-general”.10.In section 50 (“Application for confiscation orders”) (1), (2), (3)(b), (4) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.11.In section 51 (“Application for confiscation order in cases where concerned person absconds or dies”) (1) and (2), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.12.In section 52 (“Service of application for confiscation order and appearances”) (1), (1)(a) and (c), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.13.In section 54 (“Confiscation order on conviction”), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.14.In section 55 (“Enforcement of confiscation orders abroad”) (1), by the deletion of “attorney-general” and substitution of “Prosecutor-general”.15.In section 56 (“Effect of confiscation order and recording of order against title to certain properties”) (2), by the deletion of “Attorney-General” and substitution of “Prosecutor-General” wherever it appears.16.In section 58 (“Advance notification of application for benefit recovery orders”) (2) and (3), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.17.In section 59 (“Application for benefit recovery order”) (4) and (6), by the deletion of “attorney-general” and substitution of “prosecutor-general”.18.In section 60 (“application for benefit recovery order in cases where concerned person absconds or dies”) (1) and (2), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.19.In section 61 (“Service of application for benefit recovery order and appearances”) (1), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.20.In section 63 (“Benefit recovery order on conviction”) (2), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.21.In section 65 (“Statements relating to benefit”) (1), by the deletion of “Attorney-General” and substitution of “prosecutor-general”.22.In section 66 (“Amount recovered under benefit recovery orders”) (2), (5)(c), (6) and (8), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.23.In section 69 (“Realisation of property subject to confiscation or benefit recovery order”) (1), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.24.In section 71 (“Compensation orders”) (4), by the deletion of “Attorney-General” and substitution of “prosecutor-general”.25.In section 76 (“Customer information orders”) (1), by the deletion of “Attorney-General” and substitution of “prosecutor-general”.26.In section 77 (“Monitoring orders”) (1), by the deletion of “Attorney-General” and substitution of “prosecutor-general”.27.In section 78 (“Interpretation in Part I of Chapter V”) (1) (in the definition of “enforcement authority”), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.28.In section 80 (“Civil forfeiture orders”) (2), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.29.In section 81 (“Property freezing order under Part I of Chapter V”) (1) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.30.In section 82 (“Further provisions in relation to property freezing orders”) (1)(a) and (b) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.31.In section 83 (“Property seizure order under Part I of Chapter V”) (1), (4) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.32.In section 84 (“Application for and granting of civil forfeiture order”) (1), (2) and (2)(a) and (c), and (7), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.33.In section 90 (“Compensation and protection of trustee, etc.”) (2) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.34.In section 91 (“Obtaining information from foreign authorities”), by the deletion of “attorney-general” and substitution of “Prosecutor-General”.35.In section 92 (“Production order for property tracking documents”) (2) and (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.36.In section 93 (“Further provisions relating to production orders for property tracking documents”) (5), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.37.In section 94 (“Search warrants for property tracking documents”) (1), by the deletion of “Attorney-General” and substitution of “Prosecutor-General”.38.In section 99 (“Financial year, accounts and audit of Recovered Assets Fund”)(3), by the deletion of “Comptroller and Auditor-General and the substitution of “Auditor-General” wherever it appears.Part XXII – Censorship and Entertainments Control Act
1.In section 13 (“Prohibition of importation, production and dissemination of undesirable publications, pictures, statues and records”) (6), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 26 (“Prohibition of possession of prohibited articles”) (2) by the deletion of “Attorney-general” and the substitution of “Prosecutor-General”.Part XXIII – Firearms Act
In section 4 (“Penalty for purchasing firearms or ammunition without firearm certificate”) (6) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXIV – Access to Information and Protection of Privacy Act
1.In section 17 (“Protection of information whose disclosure will be harmful to law enforcement process and national security”) (2) (c) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In Section 51 (“Restrictions on disclosure of information by commission and staff”) (4), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In the Fourth Schedule (“Provisions applicable to commission”), in paragraph 4 (”Dismissal or suspension of members of Commission”) (1) (a) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXV – Administrative Justice Act
In section 9 (“Intervention by Attorney-General”)—(a)by the deletion of the heading thereto and the substitution of “Intervention by Prosecutor-General”;(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.Part XXVI – Geneva Conventions Act
In section 3 (“Grave breaches of scheduled Conventions”), in subsection (6) and the proviso thereto, by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXVII – Official Secrets Act
In section 11 (“Authority of Attorney-General required for institution of criminal proceedings”)—(a)in the heading thereto by the deletion of Attorney-General” and the substitution of “Prosecutor-General”:(b)by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”:Part XXVIII – Police Act
3.By the repeal of section 12 and the substitution of—“12 compliance with directions of Prosecutor GeneralWhere the Prosecutor-General has, in terms of section 259(11) of the Constitution, directed the Commissioner-General of Police to investigate and report to him or her on anything which, in the Prosecutor-General’s opinion, relates to an offence or alleged or suspected offence, and the Commissioner-General of Police must comply with that direction.”.2.In section 13 (“Reports by Commissioner-General”) (1) by the repeal of paragraph (c) and the substitution of—“(c) any cases which the Prosecutor-General has, in the previous year, required him or her to investigate in terms of section 259(11) of the Constitution, and the results of his or her investigations into the cases.”.3.In section 34 (“Trial before court consisting of one officer”) (4) and (5), by the deletion of Attorney-General” the substitution of “Prosecutor-General”.Part XXIX – Unlawful Organisations Act
In section 16 (”Authority required for prosecutions”) by the deletion of “he Attorney-General or the Director of Public Prosecutions” and the substitution of “Prosecutor-General or the National Director of Public Prosecutions”.Part XXX – Interception of Communications Act (No. 6 of 2007)
1.In section 7 (“Scope of warrant and renewal thereof’) (1)(a)(ii) and (2)(a), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 19 (“Review of exercise of Minister’s powers under this act”) (1), (2) and (3), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXXI – Suppression of Foreign and International Terrorism Act (No.5 of 2007)
In section in 15 (“Application of certain provisions of Part V of Cap, 9:23 and Part VI of Cap. 11:17”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXXII – Postal and Telecommunications Act
1.In section 57 (“Detention and examination of postal articles”) (1)(c)(i) and (ii), by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”.2.In section in 93 (“Authority required for institution of certain criminal proceedings”) and proviso thereto, by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”.3.In section in 98 (“Interception of communications”) by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”.Part XXXIII – Broadcasting Services Act
In section 4A (“Dismissal or suspension of members of Board”) (1)(a) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”Part XXXIV – Factories and Works Act
In section 15 (“Inquiries by inspectors”) (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXXV – Medicines and Allied Substances Control Act
In section 69 (“Special jurisdiction of magistrates courts”) by the deletion of “Attorney-General”, wherever it appears, and the substitution of “Prosecutor-General”.Part XXXVI – Termination of Pregnancy Act
In section 9 (“Report by Secretary”) (a) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXXVII – Mental Health Act
1.In section 2 (“Interpretation”) by the repeal of the definition of “Attorney-General” and the substitution of the following—““Prosecutor-General”, in relation to any function, includes any person to whom the Prosecutor-General has delegated or assigned that function in terms of any law;”.2.In section 10 (“Detention under reception order of patient in single care”) (7) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 16 (“Attorney-General ex officio curator ad litem of patients”)—(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General ex officio curator ad litem of patients”;(b)in subsections (1), (2) and (3) and the proviso thereto, by the deletion of “Attorney-General” and the substitution of ‘Prosecutor-General”.4.In section 17 (“Orders and reports to be submitted to Attorney-General and registrar of High Court”)—(a)by the deletion of the heading thereto and the substitution of “Orders and reports to be submitted to Prosecutor-General and Registrar of High Court”:(b)in subsections (1), (2), (3), (5) and (6), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.5.In section 18 (“Powers of judge on consideration of reception order and documents”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.6.In section 19 (“Secretary may order patient’s removal to institution or other place”) (1) and (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.7.In section 27 (“Procedure where person found mentally disordered or intellectually handicapped while under detention”) (1) by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”.8.In section 29 (“Procedure where person charged is found mentally disordered or intellectually handicapped at time of committing offence”) (4) and (5) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.9.In section 31 (“Attorney-General to be informed before discharge of certain patients”(a)by the deletion of the heading thereto and the substitution of “Prosecutor-General to be informed before discharge of certain patients”;(b)in subsection (1) by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”;(c)in subsection (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.10.In section 32 (“Power of Attorney-General to withdraw charges”)—(a)by the deletion of the heading thereto and the substitution of “Power of Prosecutor-General to withdraw charges”;(b)in subsections (1) and (2) by the deletion of “Attorney-General” wherever it appears and the substitution of “Prosecutor-General”.11.In section 36 (“Appeal to mental health review tribunal in certain cases”) (1) and (3) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.12.In section 37 (“Admission to special institutions of mentally disordered or intellectually handicapped patients who are dangerous”) (2) and (4), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.13.In section 38 (“Powers of Court in criminal cases in relation to mentally disordered or intellectually handicapped persons who are dangerous”) (4) by the deletion of “Attorney-Gneral” and the substitution of “Prosecutor-General”.14.In section 82 (“Appeals to supreme court against decisions of mental health review tribunal”) (2)(c) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.15.In section 84 (“Magistrate to inquire into and report on patient’s property or estate”) (1) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.16.In section 86 (“Appointment of curator for care and administration of patient’s estate”) (1) and (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.17.In section 97 (“Admission of patients from designated countries”) (2) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.18.In section 109 (“Saving of power of High Court to declare persons mentally ill and to appoint curators”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XXXVIII – Public Service Act
In section 2 (“Interpretation”) by the insertion in the definition of “approved service”, after paragraph (c), of the following paragraph—“or(d) the National Prosecuting Authority;”.Part XXXIX – Tobacco Industry and Marketing Act
In section 77 (“Certain returns to be confidential) (2) by the deletion from subsection (2) of “Attorney-General” and the substitution of “Prosecutor-General” wherever it appears.Part XL – Protection of Wild Life (Indemnity) Act
In section 4 (“Restriction on arrests and institution of criminal proceedings”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XLI – Gold Trade Act
In section 10 (“Transmission of gold by post”) (5) by the deletion of “Attorney-General” and substitution of “Prosecutor-General” wherever it appears.Part XLII – Precious Stones Trade Act
1.In section 3 (“Unlawful dealing in or possession of precious stones prohibited”) (3)(a) and (b), by the deletion from subsection (3) paragraph (a) of “Attorney-General” and substitution of “Prosecutor-General”.2.In section 11 (“Transmission of precious stones by post”) (4), by the deletion of “Attorney-General” and substitution of “Prosecutor-General” wherever it appears.Part XLIII – Exchange Control Act
In section 6 (“Special jurisdiction of Magistrates”) (a1), (a) and (b) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XLIV – Audit Office Act (No. 12 of 2009)
In section 7 (“Comptroller and Auditor-General to satisfy himself or herself that public moneys and State Property are safeguarded”) (2)(g), by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XLV – Public Finance Management Act (No. 1 of 2009)
In section 81 (“External auditors”) (3)(g) by the deletion of “Attorney-General” and the substitution “Prosecutor-General”.Part XLVI – Customs and Excise Act
1.In section 200 (“Imposition of fine by Commissioner”) (1) by the deletion from the proviso of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 208 (“Special jurisdiction of Magistrates”) (al) and (b) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XLVII – Value Added Tax Act
In section 65 (“Imposition of fine by Commissioner”) (1) (proviso) by the deletion from the proviso of subsection (1) of “Attorney-General” and the substitution of “Prosecutor-General”.Part XLVIII – Building Societies Act
In section 53 (“Proceedings on inspector’s report”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part XLIX – Companies Act
1.In section 162 (“Proceedings on inspector’s report”) by the deletion from subsection (1) of “Attorney-General” and the substitution of “Prosecutor-General”.2.In section 319 (“Prosecution of delinquent directors and others”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.3.In section 339 (“Production and inspection of books where offence suspected”) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part L – Legal Practitioners Act
In section 82 (“Right of State and certain parastatal employees to appear in court”) (2)(c) by the deletion of “Attorney-General” and the substitution of “Prosecutor-General”.Part LI – Rural District Councils Act
In section 48 (“Disability from voting on account of interest in contracts, etc.”) (6) by the deletion from subsection (6) of “Attorney-General” and the substitution of “Prosecutor-General”.