, TLI4801 ASSIGNMENT 2 SEMESTER 2 2026
DUE DATE: 9 SEPTEMBER 2026
QUESTION 1
(a) Prosecutorial bail
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977. It
allows the Director of Public Prosecutions (DPP), or a prosecutor authorised by the DPP, to
release an accused person on bail in certain circumstances. The prosecutor must consult the
police official responsible for the investigation before granting bail.1
In Allan Fuse’s case, prosecutorial bail is only possible if the offence with which he is
charged falls within the offences covered by section 59A. The seriousness of the alleged
arson and the extensive property damage are relevant considerations. If prosecutorial bail is
not available, Fuse must apply for bail before a court in terms of section 60.2
(b) Factors considered before granting bail
A court must determine whether the interests of justice permit the accused to be released
on bail. It considers whether the accused is likely to evade trial, intimidate witnesses,
interfere with the investigation or destroy evidence. The court may also consider the
accused’s personal circumstances, community ties and previous conduct.3
The seriousness of the offence and the strength of the State’s case may also influence the
decision. Where the accused is charged with a Schedule 5 or Schedule 6 offence, a heavier
burden is placed on the accused. In a Schedule 5 matter, the accused must show that the
interests of justice permit release, while in a Schedule 6 matter exceptional circumstances
1
Criminal Procedure Act 51 of 1977, s 59A(1); Maharaj A, Confident Criminal Litigation (2010) ch 1.
2
Criminal Procedure Act 51 of 1977, ss 59A and 60.
3
Criminal Procedure Act 51 of 1977, s 60(4).
DUE DATE: 9 SEPTEMBER 2026
QUESTION 1
(a) Prosecutorial bail
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977. It
allows the Director of Public Prosecutions (DPP), or a prosecutor authorised by the DPP, to
release an accused person on bail in certain circumstances. The prosecutor must consult the
police official responsible for the investigation before granting bail.1
In Allan Fuse’s case, prosecutorial bail is only possible if the offence with which he is
charged falls within the offences covered by section 59A. The seriousness of the alleged
arson and the extensive property damage are relevant considerations. If prosecutorial bail is
not available, Fuse must apply for bail before a court in terms of section 60.2
(b) Factors considered before granting bail
A court must determine whether the interests of justice permit the accused to be released
on bail. It considers whether the accused is likely to evade trial, intimidate witnesses,
interfere with the investigation or destroy evidence. The court may also consider the
accused’s personal circumstances, community ties and previous conduct.3
The seriousness of the offence and the strength of the State’s case may also influence the
decision. Where the accused is charged with a Schedule 5 or Schedule 6 offence, a heavier
burden is placed on the accused. In a Schedule 5 matter, the accused must show that the
interests of justice permit release, while in a Schedule 6 matter exceptional circumstances
1
Criminal Procedure Act 51 of 1977, s 59A(1); Maharaj A, Confident Criminal Litigation (2010) ch 1.
2
Criminal Procedure Act 51 of 1977, ss 59A and 60.
3
Criminal Procedure Act 51 of 1977, s 60(4).
