TLI4801 Assignment 2 Semester 1 2026 (Answer Guide) - DUE 16 April 2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND
WITHIN GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR
REFERENCE, NEVER PLAGARIZE. Thank you and success in your academics.
UNISA, 2025
1. Allan Fuse is arrested on a charge of arson. He was seen by witnesses setting
fire to an office building in the Johannesburg CBD. The building burnt down,
and extensive property was damaged because of the fire. Fortunately, staff
were evacuated in time, and no one was injured. After his arrest, Mr. Fuse
phones his attorney, Mr. Brut Hum, from the police holding cells and says to
him: “I have been arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the
release of the accused, Allan Fuse in this instance. (5)
(b) Discuss the factors/grounds which a court must consider before
releasing an accused on bail. (5)
[10]
Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1:
Arrest and Bail
ANSWERS
QUESTION 1
(a) Whether prosecutorial bail may be applied for the release of Allan Fuse
[5 marks]
Legal framework
Prosecutorial bail is regulated by section 59 of the Criminal Procedure Act 51 of
1977 (CPA). It allows a public prosecutor, before an accused’s first court appearance,
to authorise the release of an accused on bail in respect of less serious offences.
Prosecutorial bail is, however, excluded for certain categories of offences, particularly
those listed in Schedules 5 and 6 of the CPA.
, Arson is a serious offence involving the intentional setting of fire to property. Where
arson results in extensive damage to property, particularly in an urban commercial
area such as the Johannesburg CBD, it is generally treated as a serious violent or
property-related offence, often falling within Schedule 5, depending on the
circumstances and value of the damage caused.¹
Application to the facts
In this case:
Mr Fuse was seen by witnesses committing the offence, indicating strong
prima facie evidence.
The offence involved the burning down of an office building, causing
extensive property damage.
Although no loss of life occurred, the seriousness of the offence and its potential
danger to human life cannot be ignored.
Section 59 of the CPA does not permit prosecutorial bail for serious offences that
warrant judicial oversight. Given the gravity of the offence, the public interest involved,
and the likely classification of the offence as a Schedule 5 offence, prosecutorial bail
would be inappropriate.
Conclusion
Prosecutorial bail cannot be appropriately applied for the release of Allan Fuse. The
seriousness of the arson charge and the substantial property damage require that bail
be considered by a court, not by a prosecutor.²
(b) Factors or grounds a court must consider before releasing an accused on bail
[5 marks]
Legal framework
The right to bail is entrenched in section 35(1)(f) of the Constitution of the Republic
of South Africa, 1996, which provides that an arrested person has the right to be
released from detention if the interests of justice permit.
Sections 60(4)–60(9) of the CPA set out the factors that a court must consider when
determining whether the interests of justice permit the release of an accused on bail.
Factors considered by the court
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND
WITHIN GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR
REFERENCE, NEVER PLAGARIZE. Thank you and success in your academics.
UNISA, 2025
1. Allan Fuse is arrested on a charge of arson. He was seen by witnesses setting
fire to an office building in the Johannesburg CBD. The building burnt down,
and extensive property was damaged because of the fire. Fortunately, staff
were evacuated in time, and no one was injured. After his arrest, Mr. Fuse
phones his attorney, Mr. Brut Hum, from the police holding cells and says to
him: “I have been arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the
release of the accused, Allan Fuse in this instance. (5)
(b) Discuss the factors/grounds which a court must consider before
releasing an accused on bail. (5)
[10]
Source: Maharaj, A. Confident Criminal Litigation (2010) Chapter 1:
Arrest and Bail
ANSWERS
QUESTION 1
(a) Whether prosecutorial bail may be applied for the release of Allan Fuse
[5 marks]
Legal framework
Prosecutorial bail is regulated by section 59 of the Criminal Procedure Act 51 of
1977 (CPA). It allows a public prosecutor, before an accused’s first court appearance,
to authorise the release of an accused on bail in respect of less serious offences.
Prosecutorial bail is, however, excluded for certain categories of offences, particularly
those listed in Schedules 5 and 6 of the CPA.
, Arson is a serious offence involving the intentional setting of fire to property. Where
arson results in extensive damage to property, particularly in an urban commercial
area such as the Johannesburg CBD, it is generally treated as a serious violent or
property-related offence, often falling within Schedule 5, depending on the
circumstances and value of the damage caused.¹
Application to the facts
In this case:
Mr Fuse was seen by witnesses committing the offence, indicating strong
prima facie evidence.
The offence involved the burning down of an office building, causing
extensive property damage.
Although no loss of life occurred, the seriousness of the offence and its potential
danger to human life cannot be ignored.
Section 59 of the CPA does not permit prosecutorial bail for serious offences that
warrant judicial oversight. Given the gravity of the offence, the public interest involved,
and the likely classification of the offence as a Schedule 5 offence, prosecutorial bail
would be inappropriate.
Conclusion
Prosecutorial bail cannot be appropriately applied for the release of Allan Fuse. The
seriousness of the arson charge and the substantial property damage require that bail
be considered by a court, not by a prosecutor.²
(b) Factors or grounds a court must consider before releasing an accused on bail
[5 marks]
Legal framework
The right to bail is entrenched in section 35(1)(f) of the Constitution of the Republic
of South Africa, 1996, which provides that an arrested person has the right to be
released from detention if the interests of justice permit.
Sections 60(4)–60(9) of the CPA set out the factors that a court must consider when
determining whether the interests of justice permit the release of an accused on bail.
Factors considered by the court
