Section 179 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), created a single National Prosecution Authority (NPA).
The Office of the National Director of Public Prosecutions was established on 1 August 1998, in terms of section 179 (1) of the Constitution. The NPA comprises the National Director, who is the head of the Office and manages the Office; Directors of Public Prosecutions; Investigating Directors and Special Directors; other members of the prosecuting authority appointed at or assigned to the Office; and members of the administrative staff at the Office.
Legislation governing the prosecuting authority is the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998). The Constitution, read with the said Act, provides the prosecuting authority with the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.