tli4801 assignment 2 for the year 2021

TLI4801 ASSIGNMENT 2
FOR SUPER SEMESTER
2021

, QUESTION 1


It should be noted that a Director of Public Prosecutions (hereinafter, “DPP”) or a
prosecutor authorized in writing by a DPP may in respect of offences referred to in
Schedule 7 and in consultation with the police investigating officer, authorize the release
of an accused on bail (see section 59A(1) of the Criminal Procedure Act 51 of 1977,
hereinafter “CPA”). Section 59A of the CPA allows the prosecutor to authorize the
release of an accused person on bail for any the following offences listed in Schedule 7
of the Act: 1

 Public violence;

 Culpable homicide;

 Bestiality

 Assault involving the infliction of grievous bodily harm;

 Arson;

 Housebreaking, whether under the common law or a statutory provision, with intent to
commit an offence;

 Malicious injury to property;

 Robbery, other than a robbery with aggravating circumstances, if the amount involved
in the offence does not exceed R20 000,00;

 Theft and any other offence referred to in section 264(1)(a),(b) and (c), if the amount
involved does not exceed R20 000,00

 Any offence in terms of any law relating to the illicit possession of dependence-
producing drugs;

 Any offence relating to extortion, fraud, forgery or uttering if the amount involved in the
offence does not exceed R20 000; and


1
The Criminal Procedure Act 51 of 1977.