TLI4801 Assignment 2 Semester 1 2026 Due 16 April 2026

TLI4801
Assignment 2
Semester 1
Due 16 April 2026

, TLI4801 ASSIGNMENT 2 2026 SEMESTER 1 DUE 16 APRIL 2026



QUESTION 1

Critically discuss whether prosecutorial bail may be applied for the release of the
accused, Allan Fuse.

Answer:

Prosecutorial bail cannot automatically be applied and is unlikely to be appropriate
in the case of Allan Fuse.

In terms of section 59A of the Criminal Procedure Act 51 of 1977, a public
prosecutor may authorise bail before an accused’s first court appearance, but this
applies only to less serious offences and excludes offences listed in Schedule 5 and
Schedule 6.

Arson is a serious common-law offence, particularly where extensive property
damage occurred and the offence posed a real danger to human life. Although no
injuries were sustained, the deliberate burning of a building in the Johannesburg CBD
elevates the seriousness of the offence. Courts have repeatedly held that arson
involving substantial damage is treated as a serious offence for bail purposes.¹

Accordingly:

• Prosecutorial bail is not appropriate
• Bail must be considered by a court, not a prosecutor

Allan Fuse must therefore apply for bail in court in terms of section 60 of the Criminal
Procedure Act.