Assignment 2 Semester 1 2026
Unique number: 265695
Due Date: 16 April 2026
QUESTION 1
a.
Prosecutorial bail refers to bail authorised by a Director of Public Prosecutions or a
prosecutor duly authorised in writing, without the need for a court appearance. This form of
bail is regulated by section 59A(1) of the Criminal Procedure Act 51 of 1977. 1 It applies only
to specific offences listed in Schedule 7 of the Act and must be considered in consultation
with the investigating police officer.1
Arson is expressly included in Schedule 7 and would ordinarily qualify for prosecutorial bail.1
However, section 59A excludes the granting of prosecutorial bail in respect of infrastructure
related offences.1 In this case, Allan Fuse allegedly set fire to an office building in the
Johannesburg central business district, resulting in extensive damage to property.
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QUESTION 1
a.
Prosecutorial bail refers to bail authorised by a Director of Public Prosecutions or a
prosecutor duly authorised in writing, without the need for a court appearance. This
form of bail is regulated by section 59A(1) of the Criminal Procedure Act 51 of 1977. 1
It applies only to specific offences listed in Schedule 7 of the Act and must be
considered in consultation with the investigating police officer.2
Arson is expressly included in Schedule 7 and would ordinarily qualify for
prosecutorial bail.3
However, section 59A excludes the granting of prosecutorial bail in respect of
infrastructure related offences.4 In this case, Allan Fuse allegedly set fire to an office
building in the Johannesburg central business district, resulting in extensive damage
to property. Office buildings form part of essential urban and commercial
infrastructure, particularly within a major metropolitan area. The seriousness of the
damage and the public interest implications further strengthen the classification of
the offence as infrastructure related.
Accordingly, although arson generally permits prosecutorial bail, the nature and
location of the offence exclude its application in this instance. Allan Fuse must
therefore apply for bail before a court.
b.
Before releasing an accused person on bail, a South African court must consider
whether the interests of justice permit such release. In terms of section 60(4) of the
Criminal Procedure Act 51 of 1977, bail must be refused if any of the following
grounds are present:
1
Criminal Procedure Act 51 of 1977 s 59A(1).
2
Criminal Procedure Act 51 of 1977 sch 7.
3
Ibid.
4
Criminal Procedure Act 51 of 1977 s 59A(1).