THE FOLLOWING QUESTIONS ARE SET TO ENABLE YOU TO PREPARE FOR THE EXAMINATIONS.
ONCE YOU ARE ABLE TO ANSWER THEM IT MEANS YOU HAVE COVERED EVERY SCOPE OF THE
EXAMINATIONS.
Please read them in conjunction with your tutorial letters and the assignments
TRUE or FALSE QUESTIONS
(1) A district court has the jurisdiction to try serious offences against the State. (1)
True – may try some serious cases against the state.
(2) A regional court may try offences except treason, murder, rape and compelled rape. (1)
False – only exception is treason.
(3) South Africa follows a system of compulsory prosecution. (1)
False – prosecutors discretion exercised when deciding whether to prosecute, otherwise (in
the event that the prosecutor refuses to prosecute) individual may prosecute privately on
the basis of a certificate nolle presequi.
Private Prosecution on the basis of a certificate nolle presequi:
Locus standi of PP
Private person who prove substaintial interest in outcome of issue arising out of an
injury he personally suffered in consequence to the offense.
Husband, if offense committed in respect of wife.
Wife, child, next of kin of deceased person.
Legal guardian, curator of minor or lunatic if offense committed against his ward.
The certificate nolle presequi
Lapses in 3 months
Signed by DPP
Declares that DPP : examined statement on which charge is based & declines to
prosecute at the instance of the state.
Security by PP
Deposit of R1500.00 with Magistrates Court.
Failure of PP to appear
Charged dismissed – accused may not be Privately charged again but State may
Prosecute.
If PP prevented beyond his control – deposit forfeited and case moved to later date.
Cost of Successful PP
Paid by PP, court may rule for convicted to pay.
Cost of Unsuccessful PP
Court my order PP to pay whole/part of accused cost/expenses connected to
prosecution.
Intervention by State in PP
DPP my apply for proceedings to be stopped to prosecute in the instance of the
State.
ONCE YOU ARE ABLE TO ANSWER THEM IT MEANS YOU HAVE COVERED EVERY SCOPE OF THE
EXAMINATIONS.
Please read them in conjunction with your tutorial letters and the assignments
TRUE or FALSE QUESTIONS
(1) A district court has the jurisdiction to try serious offences against the State. (1)
True – may try some serious cases against the state.
(2) A regional court may try offences except treason, murder, rape and compelled rape. (1)
False – only exception is treason.
(3) South Africa follows a system of compulsory prosecution. (1)
False – prosecutors discretion exercised when deciding whether to prosecute, otherwise (in
the event that the prosecutor refuses to prosecute) individual may prosecute privately on
the basis of a certificate nolle presequi.
Private Prosecution on the basis of a certificate nolle presequi:
Locus standi of PP
Private person who prove substaintial interest in outcome of issue arising out of an
injury he personally suffered in consequence to the offense.
Husband, if offense committed in respect of wife.
Wife, child, next of kin of deceased person.
Legal guardian, curator of minor or lunatic if offense committed against his ward.
The certificate nolle presequi
Lapses in 3 months
Signed by DPP
Declares that DPP : examined statement on which charge is based & declines to
prosecute at the instance of the state.
Security by PP
Deposit of R1500.00 with Magistrates Court.
Failure of PP to appear
Charged dismissed – accused may not be Privately charged again but State may
Prosecute.
If PP prevented beyond his control – deposit forfeited and case moved to later date.
Cost of Successful PP
Paid by PP, court may rule for convicted to pay.
Cost of Unsuccessful PP
Court my order PP to pay whole/part of accused cost/expenses connected to
prosecution.
Intervention by State in PP
DPP my apply for proceedings to be stopped to prosecute in the instance of the
State.
