Section 1
1.1 C, an alleged member of the Live to Die gang, is arrested in Johannesburg, Gauteng,
for the alleged murder of A during the gang-related altercation. Upon the police
charging C, the prosecutor, P, is of the view that the case should be heard in the
district court. Briefly discuss t...
CRIMINAL PROCEDURE
CPR3701
OCTOBER 2024 UNISA EXAM ANSWERS
Please note these answers are not AI generated
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, 1.1 C, an alleged member of the Live to Die gang, is arrested in
Johannesburg, Gauteng, for the alleged murder of A during the gang-
related altercation. Upon the police charging C, the prosecutor, P, is of the
view that the case should be heard in the district court. Briefly discuss the
accuracy or otherwise of the prosecutor’s view in this regard.
In South Africa, murder is generally considered a serious offense that
typically warrants a trial in the High Court rather than a District Court. The
District Court deals with less severe criminal matters. Therefore, the
prosecutor's view that a murder case should be heard in a District Court is
likely inaccurate. It is more appropriate for such cases to be elevated to a
higher court with the jurisdiction to handle serious crimes such as murder.
1.2 In any instance where the DPP declines to prosecute for an alleged
offense, the Criminal Procedure Act 51 of 1977 (hereinafter, “the CPA”)
permits aggrieved individuals to institute and conduct a prosecution in
respect of the alleged offense in any competent court. H, A’s brother, is
not satisfied with the prosecutor’s decision not to proceed with the case
against C. Briefly discuss whether H has locus standi to proceed with a
private prosecution against C.
Section 7 of the CPA allows an individual to initiate a private prosecution if
the DPP (Director of Public Prosecutions) declines to prosecute. H, A’s
brother, must demonstrate a substantial and peculiar interest in the matter
(beyond that of an ordinary citizen) and must comply with procedural
requirements, such as obtaining a certificate nolle prosequi from the DPP.
Therefore, H could potentially have locus standi if he meets these
requirements.
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