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Discuss the circumstances under which a nolle prosequi may be granted by the prosecutor, in the instance where he decides not to prosecute
Discuss the circumstances under which a nolle prosequi may be granted by the prosecutor, in the ins...
Private Prosecutor must request a certificate nolle prosequi from DPP.
circumstances under which a nolle prosequi may be granted:

Nature & Seriousness of offence: Effect of crime on victim, manner committed, motivation, relationship between accused and victim. Effect on public
peace and security.

Interests of Victim & Broader Community: 
Necessity of maintaining public confidence in criminal justice system. Would prosecution be deemed counterproductive?

Circumstances of Offender: 
Previous convictions, personal circumstances, mitigating & aggravating factors.

Discuss an accused’s right to a passive defence.
Discuss an accused’s right to a passive defence.
Section 35(3): Every accused person has a right to a fair trial, which includes the right-
(h) to be presumed innocent, to remain silent, and not to testify during the
proceedings;
No inference may be drawn from accused exercising his right to remain silent. However, the accused’s defence can be severely or fatally damaged by his silence if the State has proved a prima facie case against the accused and the accused has not raised a reasonable doubt on any of the elements. The prima facie case hardens into sufficient evidence for a conviction.
Discuss the essential aspects of the certificate nolle prosequi.
Discuss the essential aspects of the certificate nolle prosequi.
In the event that the prosecutor refuses to prosecute an individual may prosecute privately on the basis of a certificate nolle presequi.
Private Prosecution on the basis of a certificate nolle presequi:
 Locus standi of PP
 Private person who prove substaintial interest in outcome of issue arising out of an injury he personally suffered in consequence to the offense.
 Husband, if offense committed in respect of wife.
 Wife, child, next of kin of deceased person.
 Legal guardian, curator of minor or lunatic if offense committed against his ward.
 The certificate nolle presequi
 Lapses in 3 months
 Signed by DPP
 Declares that DPP : examined statement on which charge is based & declines to prosecute at the instance of the state.

Failure of PP to appear
 Charged dismissed – accused may not be Privately charged again but State may
Prosecute.
 If PP prevented beyond his control – deposit forfeited and case moved to later date.

 Cost of Successful PP: Paid by PP, court may rule for convicted to pay.

 Cost of Unsuccessful PP: Court my order PP to pay whole/part of accused cost/expenses connected to prosecution.

 Intervention by State in PP: DPP my apply for proceedings to be stopped to prosecute in the instance of the State.
in view of the facts above, the relevant and applicable provisions of the Criminal
Procedure Act (CPA) 51 of 1977 regarding the search and subsequent impounding of the vehicle by X.
in view of the facts above, the relevant and applicable provisions of the Criminal
Procedure Act (CP...
Section 20 of CPA: (article)
The State may, in accordance with the provisions of this Chapter, seize anything 
(a) which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected commission of an offence, whether within the Republic or elsewhere;
(b) which may afford evidence of the commission or suspected commission of an offence, whether within the Republic or elsewhere; or
(c) which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.

Section 22 of CPA: (search & seizure)
(a) person concerned consents to search & seizure
(b) he on reasonable grounds believes
(i) search warrant will be issued to him under paragraph (a) of S21(1) if he applies for such warrant
(ii) delay in obtaining such warrant would defeat the object thereof
Name the remedy that was the subject of the applicant’s action in Ngqukumba.
Name the remedy that was the subject of the applicant’s action in Ngqukumba.
Spoliation Order – restore the physical control of property taken away unlawfully.

Discuss the overall effect of including unnecessary averments in a charge sheet.
Discuss the overall effect of including unnecessary averments in a charge sheet.
General Rule: surplus of superfluous words in a charge sheet – which do not embarrass the accused
in his defence – will be disregarded.
Section 86(1):
 additions of superfluous words in a charge sheet will are amendable if it does not prejudice
the accused to do so.
If amendment not made, validity of proceedings will not be affected UNLESS the amendment has been
refused by the court.
Zelda stands trial in the High Court on a charge of murder. She is tried by a judge who is assisted by two assessors. After closure of the case, it becomes clear that members of the court do not agree on the finding. Discuss the legal principles involved.
Zelda stands trial in the High Court on a charge of murder. She is tried by a judge who is assisted ...
7 Fundamental Principles which govern a Criminal Trial:
1. Fair Trial Principle
 Section 35(3)(a-o)
2. Principle of Legality
 Legal guilt proved in a trial where common-law, statutory law and constitutional due
process and rules were followed.
3. Principle of judicial Impartiality
 In adversarial system: judge = impartial, passive umpire.
4. Principle of equality of arms
 Truth finding is enhanced if prosecution and defense are responsible for
representing their respective cases: only valid if they have equal opportunities.
5. Principle of judicial control
 Legote case = criminal court must – without sacrificing it’s impartiality – control and
manage the proceedings within the bounds on the law of Criminal Procedure
6. Principle of Orality
 Evidence on disputed questions of fact should be given by witnesses called before the court to give oral testimony of matters within their own knowledge.
7. Principle of Finality
 Neither State nor Defence permitted to reopen their cases once close (unless
rebuttal necessary)
Discuss the term “audi alteram partem” principle?
Discuss the term “audi alteram partem” principle?
Section 35(3): Every accused person has the right to a fair trial, including the right to –
(i) adduce and challenge evidence.
(Suliman case) = No ruling of any importance; either on merit OR on procedural points; should be made without giving both parties the opportunity of expressing their views
(Bidi cas) = principle of audi alteram partem should always be observed.