“We give discretionary powers to the police. There are some cases where the police can use their discretion, maybe there is no need to bring it until the court. So, we give power to the police to decide, but the focus, meaning our focus last time, if it was to compound, now we don’t give priority to that.”
So, any authorised officer may appear in court and conduct any prosecution for offences under the act. The only two people, it would seem, who are allowed to conduct prosecutions under the act are the attorney-general by virtue of the federal constitution; and the director-general of health by virtue of the act 342.The police are confined to two roles under the act.
The D-G, even if he wanted to, is not permitted under the act to authorise the police to conduct prosecutions in court. Prosecutions in court, it is humbly submitted, are not envisaged or contemplated to be in the category of “police assistance” as mentioned in section 5.
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