The Directorate of Public Prosecutions exists as to prosecute all criminal cases in the country on behalf of the King and the people of Swaziland openly, without fear or favour, and regardless of pressures from whatever source in an efficient and impartial manner, having regard to the observance of the principles of fundamental rights and freedoms of all people involved and with strict adherence to the requirements of the law.
To institute criminal proceedings
To give advice and guidance to the Criminal Investigation Department
on the conduct of criminal investigation, decision to prosecute and charges to prefer
To institute criminal proceedings against any person or authority in
any court with competent jurisdiction.
To discontinue the prosecution; at any stage before judgment is
delivered of any criminal proceedings instituted by the Directorate of Public Prosecutions
Establishment of the office of the Director of Public Prosecutions
The office of the Director of Public Prosecutions is established in terms of section 162 of the Constitution of Swaziland. It is an Independent office in Terms of Section 162(6)(b), which states “The office of the Director of Public Prosecution shall be independent and not be subject to the direct or control of any other person or authority”.
Sections of the Department:
The Office of the Director of Public Prosecution has got four sections which are out lined below.
Sexual offences Unit
General Crimes Unit
Fraud and Transnational Unit
Anti corruption Unit
The General offences Unit
This Unit performs the traditional types of prosecutions as it deals with a wide range of crimes. Its main focus is all the offences that cause harm to the person of another which include ; murder, culpable homicide, all forms of assault, rape, adduction, arson, malicious injury of property, robbery, theft, receiving stolen property, criminal injura to mention but a few. The unit also prosecutes other serious common law and statutory law violations such as people trafficking and smuggling, treason, sedition, public violence, money laundering and all its predicate offences, terrorism and its financing, elections offences, possession of illicit and harmful drugs and/or substances, unlawful possession of weapons and fire arms and ammunition, to mention but a few. Domestic and Sexual offences Unit
This unit was established as a direct response to alarming increase of sexual assault cases committed against women and children. The Aim of this Unit is to eradicate secondary victimization to survivors of sexualabuse and most importantly, to take into account the best interests of the child survivor and accussed. There is a special team of prosecutors dedicated, to the exclusive prosecution of all sexual abuse cases.
Fraud and Transnational Crimes Unit
Fraud and transnational crimes know no boundaries. Those types of offences are mostly committed by white collar criminals who have international contacts who aid them in the commission of such offences. The amounts involved are usually enormous and inevitable have a negative impact in growing economies such as ours. It become imperative that a special unit be established to exclusively prosecute these types of crimes.
Anti Corruption Unit.
Swaziland has been ravaged and continues to be adversely affected by corruption. Corruption is rife both the public and private sector and is adversely affects our struggling economy. This Unit was established to prevent the collapse of our economy as a resulty of corruption practices within government and the private sector. A special Team of prosecutors who collaborate with other agencies mainly the ANTI – CORRUPTION COMMISION deals with corruption cases in the chambers.
Director: Mr. Nkosinathi Maseko Deputy Director: Vacant
4th Floor Justice Building Mhlambanyatsi / Usuthu Link Road Mbabane