Protection from Harassment Act, 2011 (Act No. 17 of 2011)20. Policy directives |
| (1) |
| (a) | The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998), in consultation with the Minister and after consultation with the Directors of Public Prosecutions referred to in section 13 of that Act, must issue directives regarding the institution of prosecutions in respect of any offence arising out of this Act; |
| (b) | the Minister must submit any directives issued in terms of paragraph (a) to Parliament before those directives take effect. |
| (2) |
| (a) | The National Commissioner of the South African Police Service referred to in section 6 of the South African Police Service Act, 1995 (Act No. 68 of 1995), must issue national instructions as provided for in section 25 of that Act, with which its members must comply in the execution of their functions in terms of this Act, and any instructions so issued must be published in the Gazette; |
| (b) | The Cabinet member responsible for policing must submit any national instructions issued in terms of paragraph (a) to Parliament before those instructions take effect. |
| (3) |
| (a) | The Director-General: Justice and Constitutional Development must issue directives which clerks of the court must comply with in the execution of their functions in terms of this Act, and any directives so issued must be published in the Gazette. |
| (b) | The Minister must submit any directives issued in terms of paragraph (a) to Parliament before those directives take effect. |
| (4) | The directives and instructions referred to in this section must provide that adequate disciplinary steps will be taken against a prosecutor, clerk of the court or police official who fails to comply with any directive or instruction, as the case may be. |
| (5) | Any directive or instruction issued under this section may be amended or withdrawn in like manner. |