National Prosecution Authority 2010

Link to law: http://www.parliament.gov.zm/node/3405

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Prosecution Authority Act No. 34
THE NATIONAL PROSECUTION AUTHORITY ACT,
2010

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title and commencement
2. Interpretation

PART II

THE NATIONAL PROSECUTION AUTHORITY

3. Establishment of National Prosecution Authority
4. Seal of Authority
5. Functions of Authority
6. Autonomy of Authority
7. Board of Authority
8. Functions of Director of Public Prosecutions
9. Chief State Advocate, Deputy Chief Advocates, State

Advocates and other staff
10. Prosecutions on behalf of Authority
11. Disclosure of interest
12. Non-performance of other paid work
13. Prohibition of disclosure of information to unauthorised

persons
14. Code of conduct

PART III

THE WITNESS MANAGEMENT FUND

15. Establishment of Fund
16. Administration and management of Fund
17. Application of Fund
18. Financial year
19. Statement of income and expenditure

PART IV

GENERAL PROVISIONS

20. General offences
21. Regulations
22. Savings and transitional provisions

National Prosecution Authority [No. 34 of 2010 453

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K8,000 each

454


An Act to establish the National Prosecution Authority and

provide for its powers and functions; provide a framework
for the effective administration of criminal justice;
establish the Witness Management Fund; and provide for
matters connected with, or incidental to, the foregoing.

[16th, August, 2010

ENACTED by the Parliament of Zambia.

PART I

PRELIMINARY

1. This Act may be cited as the National Prosecution Authority
Act, 2010, and shall come into operation on such date as the Minister
may, by statutory instrument, appoint.

2. In this Act, unless the context otherwise requires—

“ Authority ” means the National Prosecution Authority
established under section three;

“ Board ” means the Board of the Authority constituted under
section seven;

“ Director of Public Prosecutions ” means the person
appointed as such under the Constitution;

“ Fund ” means the Witness Management Fund established
under section fifteen;

“ member ” means a person appointed as a member of the
Board under section seven;

“ prosecutor ” means a person appointed as such under
section ten; and

“ Secretary ” means the person appointed as the Director of
Administration of the Authority under section seven.

National Prosecution Authority [No. 34 of 2010 455

Enactment

Short title
and
commence-
ment

Interpretation

Cap. 1

GOVERNMENT OF ZAMBIA

ACT
No. 34 of 2010

Date of Assent:14th August, 2010

PART II
THE NATIONAL PROSECUTION AUTHORITY

3. (1) There is hereby established the National Prose-
cution Authority which shall be a body corporate with perpetual
succession and a common seal, capable of suing and being sued in
its corporate name and with power, subject to this Act, to do all
such things as a body corporate may, by law, do or perform.

(2) The provisions of the State Proceedings Act shall apply to
civil proceedings by, or against, the Authority as if, for a reference
to the State there were substituted a reference to the Authority.

(3) The First Schedule applies to the Authority.

4. (1) The seal of the Authority shall be such device as may be
determined by the Board and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson or any other person authorised
in that behalf by a resolution of the Board.

(3) Any contract or instrument which, if entered into or
executed by a person not being a body corporate would not be
required to be under seal, may be entered into or executed without
seal on behalf of the Authority by the Chairperson or any other
person generally or specifically authorised by the Authority in that
behalf.

(4) Any document purporting to be a document under the seal
of the Authority or issued on behalf of the Authority shall be received
in evidence and shall be deemed to be so executed or issued, as the
case may be, without further proof, unless the contrary is proved.

5. The functions of the Authority are to—
(a) appoint state advocates and prosecutors and promote

appropriate standards of practice by state advocates
and prosecutors in criminal prosecution;

(b) develop, promote and enforce internationally comparable
practice standards for prosecutors;

(c) promote the integrity and enhance the status of state
advocates and prosecutors so as to promote honourable
and good practice and increase the confidence of the
public in state advocates and prosecutors;

(d) promote an understanding of professional ethics amongst
the prosecutors and ensure that the rules and guidelines
for professional ethics are responsive to the effective
administration of criminal justice;

456 No. 34 of 2010] National Prosecution Authority

Establishment
of National
Prosecution
Authority

Cap. 71

Seal of
Authority

Functions of
Authority

(e) implement an effective prosecution mechanism so as
to maintain the rule of law and contribute to fair and
equitable criminal justice and the effective protection of
citizens against crime;

(f) conduct research into the various disciplines of law
so as to study the role that the prosecution
mechanism should play in establishing effective rule
of law and human rights and to bring the law in line
with the developments and best practices of other
countries;

(g) cooperate with the police, the courts, the legal profession
and other Government agencies or institutions so as to
ensure the fairness and effectiveness of prosecutions;
and

(h) do all such other things as are necessary or incidental
to the performance of its functions under this Act.

6. Except as otherwise provided in this Act, the Authority shall
not, in the performance of its functions, be subject to the direction
or control of any person or authority, other than the Director of
Public Prosecutions.

7. (1) There is hereby constituted a Board of the Authority which
shall consist of the following members appointed by the Minister:

(a) the Director of Public Prosecutions, who shall be the
Chairperson;

(b) a representative of the Attorney-General, who shall be
the Vice-Chairperson;

(c) the Director of Administration of the Authority, who shall
be the Secretary;

(d) a representative of the Public Service Management
Division;

(e) a representative of the Ministry responsible for labour;
and

(f) two other persons appointed by the Minister.

(2) A person shall not be appointed as a member of the Board
if that person—

(a) is not a citizen of Zambia;

(b) is a declared insolvent or bankrupt;

(c) is declared to be of unsound mind; or

National Prosecution Authority [No. 34 of 2010 457

Autonomy
of Authority

Board of
Authority

(d) is convicted of an offence under this Act or any written
law and has been sentenced therefor to imprisonment
for a period not exceeding six months without the option
of a fine.

(3) A member, other than a member referred to in paragraphs
(a) and (c) of subsection (1), shall, subject to the other provisions
of this section, hold office for a period of three years and may be
appointed for one further period of three years.

(4) A member may resign upon giving one month’s notice in
writing to the Minister.

(5) The office of a member shall become vacant—

(a) if the member is absent, without reasonable excuse from
three consecutive meetings of the Board of which the
member has had notice;

(b) if the member is adjudged bankrupt;

(c) if the member is convicted of an offence under this Act or
any other written law;

(d) if the member is declared to be of unsound mind; or

(e) upon the member’s death.

(6) The provisions of the First Schedule apply to the Board.

8. (1) Subject to the Constitution, the Director of Public
Prosecutions shall have authority over the exercising of all the
powers and the performance of all the duties and functions conferred
upon, imposed on or assigned to, prosecutors by this Act or under
any other law.

(2) Notwithstanding the generality of subsection (1), the
functions of the Director of Public Prosecutions are to—

(a) institute and undertake criminal proceedings against any
person before any court, other than a court martial, in
respect of any offence alleged to have been committed
by that person;

(b) take over and continue any such criminal proceedings as
may have been instituted or undertaken by any other
person or authority; and

(c) discontinue, at any stage before judgment is delivered,
any criminal proceedings instituted or undertaken by the
Director of Public Prosecutions or any other person or
authority;

458 No. 34 of 2010] National Prosecution Authority

Cap. 1

Functions of
Director of
Public
Prosecutions

(d) set the qualification for the appointment of prosecutors;

(e) advise prosecutors on all matters relating to criminal
offences;

(f) review a decision to prosecute, or not to prosecute, any
criminal offence;

(g) advise the Minister on all matters relating to the
administration of criminal justice;

(h) liaise with the Chief State Advocate, the Deputy Chief
State Advocates, the prosecutors, the legal profession
and legal institutions in order to foster common practices
and to promote co-operation in the handling of complaints
in respect of the Authority;

(i) assist the Deputy Chief State Advocates and prosecutors
in achieving the effective and fair administration of
criminal justice;

(j) liaise with and assist the Attorney-General in matters of
extradition and mutual legal assistance in criminal
matters; and

(k) appoint such experts as are necessary to assist the Director
of Public Prosecutions carry out any functions under
this Act.

(3) Where, by any written law, the sanction, fiat or written
consent of the Director of Public Prosecutions is necessary for the
commencement or continuance of the prosecution of any offence,
the Director of Public Prosecutions may order, in writing, that all or
any of the powers vested in the Director of Public Prosecutions
to issue the sanction, fiat or written consent may be exercised by
the Chief State Advocate or a Deputy Chief State Advocate, and
the exercise of these powers by the Chief State Advocate or Deputy
Chief State Advocate—

(a) shall be limited only to such offences as the Director of
Public Prosecutions may specify; and

(b) shall operate as if the powers had been exercised by the
Director of Public Prosecutions.

(4) Where the Director of Public Prosecutions or the Chief
State Advocate considers it in the interest of the administration of
justice that an offence committed as a whole or partially within the
area of jurisdiction of one Deputy Chief State Advocate be
investigated and tried within the area of jurisdiction of another
Deputy Chief State Advocate, the Director of Public Prosecutions

National Prosecution Authority [No. 34 of 2010 459

or Chief State Advocate may, in writing, direct that the investigation
and criminal proceedings in respect of such offence be conducted
and commenced within the area of jurisdiction of such other Deputy
Chief State Advocate.

(5) The Director of Public Prosecutions may direct the
submission of and receive reports or interim reports from a Deputy
Chief State Advocate in respect of a case, a matter, a prosecution
or a prosecution process.

9. (1) The Board shall, on such terms and conditions as it may
determine, appoint a Chief State Advocate, Deputy Chief State
Advocates, State Advocates and other staff of the Authority.

(2) A Deputy Chief State Advocate shall be responsible for
supervising the operations of the Authority in a province.

(3) Subject to the provisions of the Constitution and this Act, a
Deputy Chief State Advocate shall, subject to the control and
direction of the Director of Public Prosecutions, exercise the
functions referred to in section five in respect of —

(a) the area of jurisdiction for which the Deputy Chief State
Advocate is appointed; and

(b) any offences which have not been expressly transferred
from the Deputy Chief State Advocate’s jurisdiction,
either generally or in a specific case, by the Director of
Public Prosecutions.

(4) The Chief State Advocate, Deputy Chief State Advocates,
State Advocates, prosecutors and other staff of the Authority shall,
on appointment, take an oath or affirmation as the Minister may, by
statutory instrument, prescribe.

10. (1) The Director of Public Prosecutions may, by Gazette
notice, appoint a person as a prosecutor for purposes of this Act
and the Criminal Procedure Code.

(2) A prosecutor appointed under subsection (1) shall be
competent to exercise any of the functions referred to in section
five to the extent that the prosecutor has been authorised thereto,
in writing, by the Director of Public Prosecutions, or by a person
designated by the Director of Public Prosecutions.

460 No. 34 of 2010] National Prosecution Authority

Chief State
Advocate,
Deputy
Chief State
Advocates,
state
advocates,
prosecutors
and other
staff
Cap. 1

Prosecutions
on behalf of
Authority
Cap. 88

(3) A written authorisation referred to in subsection (2) shall
set out—

(a) the area of jurisdiction;
(b) the offences; and
(c) the court;

in respect of which such powers may be exercised.

(4) The Director of Public Prosecutions may, at any stage of
the criminal proceeding, give to the Chief State Advocate, a Deputy
Chief State Advocate, a state advocate or a prosecutor such general
or specific directions with respect to the performance of their
functions, as the Director of Public Prosecutions considers
necessary and the Chief State Advocate, Deputy Chief State
Advocate, State Advocate and prosecutor shall give effect to such
directions.

(5) A prosecutor who has been suspended from the
prosecutor’s office under this Act or any other law, shall not be
competent to exercise any of the functions referred to in section
five for the duration of such suspension.

(6) In the performance of a prosecutor’s duties, a prosecutor
shall—

(a) carry out the prosecutor’s functions impartially and avoid
all political, social, religious, racial, cultural, sexual or
any other kind of discrimination;

(b) protect the public interest, act with objectivity, take proper
account of the position of the suspect and the victim,
and pay attention to all relevant circumstances,
irrespective of whether they are to the advantage or
disadvantage of the suspect;

(c) keep matters in the possession of the prosecutor
confidential, unless the performance of a duty or the
needs of justice require otherwise; and

(d) consider the views and concerns of a victim where the
victim’s interests are affected and ensure that the victim
is informed of the rights.

(7) A prosecutor shall, in order to ensure the fairness and
effectiveness of prosecution, cooperate with the police, the courts,
the legal profession, public defenders and other government agencies
or institutions.

11. (1) If a member or any person is present at a meeting of the
Authority or any committee of the Authority at which any matter is
the subject of consideration and in which matter the member or

National Prosecution Authority [No. 34 of 2010 461

Disclosure
of interest

that person or the member’s or that person’s spouse is directly or
indirectly interested, in a private capacity, the member or person
shall, as soon as is practicable after the commencement of the
meeting, declare such interest and shall not, unless the Authority or
the committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question touching that matter.

(2) A declaration of interest made under this paragraph shall
be recorded in the minutes of the meeting at which it is made.

(3) Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

12. The Chief State Advocate, Deputy Chief State Advocates
and other state advocates shall not while holding office of Chief
State Advocate, Deputy Chief State Advocate and state advocate,
hold or discharge the duties of any other office of emolument in
the Republic.

13. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Authority, publish or disclose to any person
otherwise than in the course of duties, the contents of any document,
communication or information which relates to, and which has come
to that person’s knowledge in the course of that person’s duties
under this Act.

(2) Any person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to any other person, commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

14. (1) The Director of Public Prosecutions shall, in consultation
with the Minister and after consultation with the Chief State
Advocate and Deputy Chief State Advocates, adopt a code of
conduct which shall bind the Chief State Advocate, Deputy Chief
State Advocates, State Advocates and the prosecutors.

(2) The code of conduct shall be published in the Gazette for
general information.

462 No. 34 of 2010] National Prosecution Authority

Non-
performance
of other paid
work

Prohibition
of disclosure
of
information
to
unauthorised
persons

Code of
conduct

PART III

THE WITNESS MANAGEMENT FUND

15. (1) There is hereby established the Witness Management
Fund.

(2) The Fund shall consist of—
(a) such moneys as Parliament may appropriate for the

purpose of the Fund;
(b) voluntary contributions to the Fund from any person or

organisation;
(c) any grants mobilised from any source within or outside

Zambia for the purpose of witness management; and
(d) interest arising out of any investment of the Fund.

16. The Fund shall be vested in the Minister responsible for
finance and shall be managed and administered by the Board.

17. The Fund shall be used for—

(a) the ferrying of witnesses to and from court;

(b) the counselling of witnesses before testifying in any matter
before court; and

(c) any other matter relating to witness management.

18. The financial year of the Fund shall be the period of twelve
months ending on 31st December in each year.

19. (1) The Authority shall cause to be prepared proper books
of accounts and other records relating to the Fund.

(2) The Minister responsible for finance shall cause to be
prepared an annual statement of the income and expenditure of
the Fund to be laid before the National Assembly.

PART IV

GENERAL PROVISIONS

20. A person who—

(a) delays or obstructs the Director of Public Prosecutions, a
Chief State Advocate, a Deputy Chief State Advocate,
a State Advocate, a prosecutor or any other staff of the
Authority in the performance of their functions under
this Act;

National Prosecution Authority [No. 34 of 2010 463

Establishment
of Fund

Administration
and
management
of Fund

Application
of Fund

Financial
year

Statement of
income and
expenditure

General
offences

(b) refuses to give the Director of Public Prosecutions, a
Chief State Advocate, a Deputy Chief State Advocate,
a State Advocate, a prosecutor or any other staff of the
Authority such reasonable assistance as the officer may
require for the purpose of exercising their functions; or

(c) knowingly gives the Director of Public Prosecutions, a
Chief State Advocate, a Deputy Chief State Advocate,
a state advocate, a prosecutor or any other staff of the
Authority false or misleading information in answer to
an inquiry made by the officer;

commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.

21. (1) The Minister may, by statutory instrument, after
consultation with the Authority, make regulations for giving effect
to the purposes and provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the
regulations made under that subsection may make provision for—

(a) the procedures to be followed in respect of the prosecution
of criminal cases;

(b) a mechanism for monitoring and supervising prosecutors;

(c) the steps to be taken to ensure compliance with the code
of conduct;

(d) the general management and maintenance of the Fund;
and

(e) any other matter which is relevant to give effect to the
provisions of this Act.

22. The Second Schedule applies in relation to the savings and
transitional provisions.

FIRST SCHEDULE
(Section 3)

PART 1

ADMINISTRATION OF AUTHORITY

1. (1) Subject to the other provisions of this Act, the Board may
regulate its own procedures.

(2) The Board shall meet for the transaction of business at
least once in every three months at such places and times as the
Board may determine.

464 No. 34 of 2010] National Prosecution Authority

Regulations

Savings and
transitional
provisions

Proceedings
of Board

(3) A meeting of the Board may be called by the Chairperson
upon giving notice of not less than fourteen days, and shall be called
by the Chairperson if not less than one third of the members so
request in writing:

Provided that if the urgency of any particular matter does
not permit the giving of such notice, a special meeting may be
called upon a shorter notice given by three members of the
Board.

(4) The Chairperson and the Vice-Chairperson with two other
members shall constitute a quorum at any meeting of the Board.

(5) There shall preside at any meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;

or
(c) in the absence of both the Chairperson and the Vice-

Chairperson, such other member as the members present
may elect for the purpose of that meeting.

(6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote, in addition to that person’s deliberative
vote.

(7) The Board may invite any person, whose presence is in its
opinion desirable, to attend and to participate in the deliberations of
a meeting of the Board, but such person shall have no vote.

(8) The validity of any proceedings, acts or decisions of the
Board shall not be affected by any vacancy in the membership of
the Board or by any defect in the appointment of any member or
by reason that any person not entitled to do so, took part in the
proceedings.

2. (1) The Board may, for the purpose of performing its functions
under this Act, establish such committees as it considers necessary
and delegate to any of those committees such of its functions as it
considers fit.

(2) Subject to subparagraph (1), the Board may appoint as
members of a committee persons who are, or are not, members of
the Board, except that at least one member of a committee shall be
a member of the Board.

(3) A person serving as a member of a committee shall hold
office for such period as the Board may determine.

National Prosecution Authority [No. 34 of 2010 465

Committees
of Board

(4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure.

3. There shall be paid to a member of the Board or a member
of a committee such allowances as the Board may determine with
the approval of the Minister.

4. (1) If any person is present at a meeting of the Board or any
committee at which any matter is the subject of consideration, and
in which matter that person or that person’s spouse is directly or
indirectly interested in a private capacity, that person shall, as soon
as is practicable after the commencement of the meeting, declare
such interest and shall not, unless the Board or the committee
otherwise directs, take part in any consideration or discussion of,
or vote on, any question relating to that matter.

(2) A disclosure of interest made under subparagraph (1) shall
be recorded in the minutes of the meeting at which it is made.

5. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Authority, publish or disclose to any
unauthorised person, otherwise than in the course of duties of that
person, the contents of any document, communication or information
whatsoever, which relates to or which has come to the knowledge
of that person in the course of that person’s duties under this Act.

(2) A person who contravenes subparagraph (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

(3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of sub-paragraph (1), unlawfully publishes or
communicates the information to any other person, commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.

6. An action or other proceeding shall not lie or be instituted
against a member of the Board or a member of a committee of the
Board for, or in respect of, any act or thing done or omitted to be
done in good faith in the exercise of or performance, or purported
exercise or performance of any of the powers, functions or duties
conferred under this Act.

466 No. 34 of 2010] National Prosecution Authority

Allowances
of member

Disclosure
of interest

Prohibition
of
publication
of, or
disclosure
of,
information
to
unauthorised
persons

Immunity

PART II
FINANCIAL PROVISIONS

7. (1) The funds of the Authority shall consist of such monies
as may—

(a) be appropriated to the Authority by Parliament for the
purposes of the Authority;

(b) be paid to the Authority by way of grants or donations;
and

(c) otherwise vest in or accrue to the Authority.

(2) The Authority may, subject to the approval of the Minister—

(a) accept monies by way of grants or donations from any
source within or outside Zambia; and

(b) raise by way of loans or otherwise, such monies as it may
require for the discharge of its functions.

(3) There shall be paid from the funds of the Authority—

(a) the salaries, allowances, pensions and loans of the members
of staff of the Authority;

(b) such reasonable travelling and other allowances for the
members and the members of any committee when
engaged on the business of the Authority, at such rates
as the Board may determine; and

(c) any other expenses incurred by the Authority in the
performance of its functions under this Act.

(4) The Board may invest in such manner as it considers
appropriate such funds of the Authority which it does not
immediately require for the performance of its functions.

8. The financial year of the Authority shall be a period of twelve
months ending on 31st December in each year.

9. (1) The Authority shall cause to be kept proper books of
account and other records relating to its accounts.

(2) The accounts of the Authority shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General.

(3) The Auditor-General’s fees shall be paid by the Authority.

10. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Authority shall submit to the
Minister a report concerning its activities during the financial year.

National Prosecution Authority [No. 34 of 2010 467

Funds of
Authority

Financial
year

Accounts

Annual
report

(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Authority and there shall
be appended to the report—

(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.

(3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.

SECOND SCHEDULE
(Section 22)

SAVINGS AND TRANSITIONAL PROVISIONS

1. In this Schedule “ Department ” means the Directorate of
Public Prosecutions.

2. (1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an officer or employee of the
Department, shall continue to be an officer or employee of the
Authority, as the case may be, as if appointed or employed under
this Act.

(2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service.

(3) Nothing in this Act, affects the rights and liabilities of any
person employed or appointed by the Department before the
appointed date.

3. A person appointed as a public prosecutor before the
commencement of this Act shall, after the commencement of this
Act, continue to perform the functions of a public prosecutor, as if
appointed under this Act:

Provided that the Board may, at any time, revoke the
appointment of a public prosecutor.

4. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Authority by virtue
of this Act and without further assurance—

(a) the affairs of the Department; and

(b) subject to this Act, all property, rights and obligations which
immediately before the appointed date were the
property, rights and obligations of the Department.

468 No. 34 of 2010] National Prosecution Authority

Definition of
Department

Staff of
Department

Public
prosecutor

Transfer of
assets and
liabilities

(2) Except as provided in this Act, every deed, bond and
agreement, other than an agreement for personnel service, to which
the Government was a party immediately before the appointed
date, whether or not of such a nature that rights, liabilities and
obligations could be assigned, shall, unless its subject matter or
terms make it impossible that it should have effect as modified, as
provided under this paragraph, have effect as if —

(a) the Authority had been party to it;

(b) for any reference to the Government there was substituted,
with respect to anything falling to be done on or after
the commencement of this Act, a reference to the
Authority; or

(c) for any reference to any officer of the Department, not
being a party to it and beneficially interested, there were
substituted, as respects anything falling to be done on or
after the appointed date, a reference to such officer of
the Authority as the Authority shall designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the Government are deemed to be transferred to the
Authority in respect of which transfer a written law provides for
registration, the Authority shall make an application in writing to
the appropriate registration authority for registration of the transfer.

(4) The registration authority, referred to in subparagraph (3),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction.

5. (1) Any legal proceedings or application of the Government
pending immediately before the appointed date by or against the
Government may be continued by or against the Authority.

(2) After the appointed date, proceedings in respect of any
right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Government, may be instituted by or
against the Authority.

National Prosecution Authority [No. 34 of 2010 469

Legal
proceedings

470