The National Prosecution Authority Act of 2010: What is its relevance to the criminal Justice delivery system in Zambia?

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Date
2013-04-25
Authors
Situmbeko, Masialeti
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Abstract
This research focused on discussing the relevance of the newly enacted National Prosecution Authority Act in providing a framework for the effective administration of criminal justice in Zambia. It examined whether the National Prosecution Authority Act has adequately and effectively addressed prevailing factors that affect the work of prosecutors in the prosecution service. The study methodology was based on both primary and secondary sources which comprised interviews with those in the prosecution service, from police prosecutors as well as state advocates and lecturers in law at NIPA as well as evaluation of other academic materials. The study revealed that the National Prosecution Authorities Act is a relevant piece of legislation as it addresses some factors that affect the prosecution service. These include creating an independent body that oversees the works of all prosecutors as they are all under one body, providing ways in which witnesses can be managed properly and inserting sections in the Act that help to provide for an effective administration of criminal justice. Certain sections such as section 6 protects the Autonomy of the Authority, section 8 gives the functions of the Director of Public Prosecutions, the functions set out in this Act are extended as compared to those found in the constitution. Section 10(6), sets out the prosecutors functions as a way of promoting and ensuring the proper role of prosecutors and also providing a framework of these duties found in the United Nations Guidelines in national legislation.Section 15 provides for the establishment of the witness management fund. Further, the research identified shortfalls in the Act and has therefore given recommendations in order to fill up such shortfalls. It recommends that amendments to the Act should be made and these inter alia include ways in which it can protect witnesses, provide expressly for the function of the Chief State Advocate and State Advocates.
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Prosecution - Zambia , Criminal Justice, Administration of
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