CPR 3701 ASSIGNMENT 2

QUESTION 1 1) The law gives a discretion to the NPA and individual prosecutors with regard to how they perform their functions, exercise their powers and carry out their duties. This discretion must, however, be exercised according to the law and within the spirit of the Constitution.1 In exercising his discretion, the prosecutor must respect the individual’s right not to be harassed by a prosecution that has no reasonable prospect of success. Occasionally there might be good grounds fo...