How to Become A Prosecutor In South Africa

A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

What to study to become a prosecutor?

Required studies and experience

To become a public prosecutor, you need to complete a four-year LLB degree. When applying for a job, you will need to pass a prosecutor’s entry examination. Students then go for training for eight months, after which they are qualified to practice as a prosecutor.

What skills do you need to be a prosecutor?

Important qualities of a prosecution attorney include strong communication skills, enthusiasm for public service, charisma and an ability to handle high-pressure situations. In addition to a law degree, experience is key.

Does the prosecutor represent the victim?

Victims of crime do not need to have their own lawyer for court as they are witnesses for the prosecution. The prosecution represents the community.

Below are steps to Become A Prosecutor In South Africa

Step 1: Earn a Bachelor’s Degree

Most law schools require a bachelor’s degree in order to get into law school. There are no required courses or recommended majors for law school admission. However, courses that develop skills in writing, reading, public speaking, logic, and research can be helpful. Some law schools may prefer applicants who have taken intellectually challenging courses.

​Step 2: Take the Law School Admission Test (LSAT)

LSAT scores are required to be submitted along with your law school application. This test is administered by the Law School Admission Council (LSAC) and is used to assess your reading, comprehension, reasoning and critical thinking skills.

The LSAC test is administered in a multiple-choice format and is given in five sections (www.lsac.org). If you take the LSAT and feel that your scores do not reflect your ability, you may choose to retake the test.

Step 3: Earn Your Juris Doctor (J.D.) Degree

Law school typically lasts for three years, although some offer night classes and take four years if you need to work while you earn your J.D. You begin law school by taking courses in constitutional law, property law, legal writing, contracts, and torts.

You then take elective courses based on your interests, such as corporate law, tax law or labor law. During your time in law school, you may participate in mock trials, attend legal clinics and write for a law journal.

​Step 4: Consider Participating in an Internship or Clerkship

As a law student, you may be given the opportunity to complete a part-time or summer internship or clerkship. These programs allow you to gain experience by working in a prosecutor’s office (county district attorney, city attorney/prosecutor, or Attorney General’s office), a law firm, corporate office, government agency, or for a judge.

For some, these programs can lead to an employment offer following graduation from law school. A clerkship can be a major step towards employment for those wanting to know how to become a prosecutor.

Step 5: Pass Your State Bar Examination

Before you may practice law in the In South Africa, you are required to pass your state bar examination and earn a license. In most states, like Cape Town, you need to pass a written bar exam, as well as a separate written ethics exam. If you would like to practice law in multiple states, you generally need to pass a bar exam in each state.

Prosecutor job requirements

If you plan to become a prosecutor, consider the following requirements:

Education

The legal profession requires extensive education before one qualifies to become a prosecutor. The first step to becoming a prosecutor is earning a bachelor’s degree. There is no prerequisite major for entry into law school, but common studies include politics, philosophy, criminal justice and English.

Training

During law school, students work as interns in law offices to get on-the-job training. Shadowing a senior prosecutor while at work is another common form of on-the-job training.

Certifications

Prosecutors need to take and pass the bar exam to obtain a license to practice as a legal professional. The bar exam is designed to test the knowledge and skills that every lawyer should have before practicing.

To earn a license to practice, law school graduates must apply to the state board of examiners to be admitted into the bar. While different states have varying eligibility criteria, the most common eligibility requirements are a J.D.

The bar exam takes place within a two-day test period in February and July.

Multi-state Bar Examination (MBE): The MBE is taken on the first day of the bar exams and has 200 multiple-choice questions covering these six areas: 

criminal law

torts

real property

evidence

contracts 

constitutional law 

Multi-state Essay Examination (MEE) and Multi-state Performance Test (MPT): Various states have adopted the MEE and MPT to replace the second day test. The second day test is usually a locally-crafted essay that covers a broad range of subjects. 

Multi-state Professional Responsibility Examination (MPRE): Besides the bar exams, almost all jurisdictions require a lawyer to present an acceptable score on the MPRE. The exam is conducted on a separate day from the bar exams. 

Character and Fitness A**ssessment**: Bar examiners conduct a thorough background check on applicants because lawyers serve the public and must not have a  questionable character. The character and fitness assessment can be done before taking the bar exams if the applicant submits an early application.

Skills

Prosecutors need a combination of skills to perform well:

Analytical: A prosecutor should understand how to analyze information to determine what is credible and what is not. As a prosecutor, this skill is used in reviewing and preparing information required to start a trial in court.

Interpersonal: A prosecutor is in constant communication with people. They build relationships to gather information.

Organization: Prosecutors research and organize information that convinces the judge of the validity of a case so they must have the ability to organize information and facts coherently. 

Presentation**:** A prosecutor’s main job is presenting information to convince the judge that the accused is guilty.

Communication: Prosecutors need to communicate clearly to present facts and convince the judges in a trial court. They often work with other members of an office and communicate frequently with law enforcement, victims and witnesses as well.

Problem solving and critical thinking: The work of a prosecutor requires that they think critically to create solutions to problems.

How long does it take to become a prosecutor in South Africa?

To become a public prosecutor, you need to complete a four-year LLB degree. When applying for a job, you will need to pass a prosecutor’s entry examination. Students then go for training for eight months, after which they are qualified to practise as a prosecutor.

How many years does it take to become a prosecutor In South Africa?

Becoming a prosecuting attorney requires earning a bachelor’s degree and a Juris Doctor (J.D.), which involves a minimum of seven years of postsecondary education.

What should I study to become a prosecutor In South Africa?

Eligibility to become Public Prosecutor

The candidate must have completed at least a UG degree in law if he/ she wants to become a Public Prosecutor.

Those who have completed a Postgraduate degree in Law are also recruited for the job therefore LLM graduates can also apply for becoming a Public Prosecutor.

Where can I study to be a prosecutor In South Africa?

The University of the Western Cape (UWC) offers a Law qualification which they say will equip you for entry into the legal profession – in the private or public sector, as an attorney or an advocate, as a legal adviser or a legal academic, or possibly, in time, as a magistrate or a judge.

What are the duties of prosecutors In South Africa?

Prosecutor Job Description

Working with police officers and court staff.

Instructing and advising counsel in court.

Liaising with criminal justice and law enforcement agencies.

Ensuring that criminals are punished fairly.

Screening possible criminals.

Handling appeals.

Preparing criminal cases for pre-trial and trial.

Do prosecutors have clients In South Africa?

prosecutor can best be conceptualized as a lawyer with no client but with several important constituencies,” including the police, victims of crime, other government agencies and the courts).

What happens when a prosecutor is unethical In South Africa?

Prosecutorial Misconduct in In South Africa. The term “prosecutorial misconduct” refers to illegal or unethical conduct by a prosecutor in a criminal case. When they are found to have committed misconduct, they can be disciplined and the defendant can be afforded relief. This can include a conviction being overturned.

Who is the public prosecutor in South Africa?

Shamila BathohiNational Director: Public Prosecution: Shamila Bathohi, Adv

Postal Address: Private Bag X752, PRETORIA, 0001.

How do you convince a prosecutor to drop charges In South Africa?

There are several ways for criminal defendants to convince a prosecutor to drop their charges. They can present exculpatory evidence, complete a pretrial diversion program, agree to testify against another defendant, take a plea deal, or show that their rights were violated by the police.