Delegation of powers to prosecute

(1) Save as provided in section 99 (3), such powers as are vested in the office of the Director of Public Prosecutions may be exercised by the person appointed to that office or, subject to his or her general or special instructions or to an Act of Parliament, by— (a) persons in the public service acting as his or her subordinate; or (b) such other legally qualified persons on instructions from the Director of Public Prosecution. (2) Notwithstanding subsection (1)— (a) the person appointed to the office of Director of Public Prosecutions shall be accountable to the Legal Affairs Committee of the National Assembly for the exercise of such powers in his or her own behalf and those powers exercised on his or her behalf by subordinates in accordance with subsection (1); and (b) an Act of Parliament shall prescribe restrictions relating to the exercise of powers under this section by any member of the Malawi Police Service. [13 of 2001]