TLI4801
Assignment 2
Semester 1
Unique No: 265695
DUE: 16 April 2026
,UNIVERSITY OF SOUTH AFRICA
TLI4801 - Criminal Litigation
ASSIGNMENT 02
SEMESTER 1, 2026
Submitted by:
[Your Name]
[Your Student Number]
Due Date: 16 April 2026
Unique number: 265695
, QUESTION 1
(a) Prosecutorial Bail for Allan Fuse
Prosecutorial bail, also known as police bail, refers to the release of an accused person
on bail by a police official of or above the rank of non-commissioned officer before the
accused's first appearance in court. 1
In the case of Allan Fuse, prosecutorial bail is highly unlikely to be granted. The
Constitution of the Republic of South Africa, 1996, recognizes the right to liberty, but this
right is not absolute and must be balanced against considerations of public safety and
the proper administration of justice. 2
Mr. Fuse has been charged with arson, which is a Schedule 5 offence in terms of Part II
of Schedule 2 to the Criminal Procedure Act 51 of 1977. For Schedule 5 offences,
section 60(11B) of the Act creates a reverse onus, requiring the accused to satisfy the
court that exceptional circumstances exist which permit his release. Prosecutorial bail is
specifically prohibited for Schedule 5 and 6 offences unless exceptional circumstances
justifying the release of the accused are established. 3
The circumstances surrounding Mr. Fuse's case do not support a finding of exceptional
circumstances. Multiple witnesses observed him deliberately setting fire to an office
building in the Johannesburg CBD, resulting in the complete destruction of the building
and extensive property damage. While fortunately no injuries occurred due to timely
evacuation, the deliberate nature of the act, the significant property damage, and the
inherent danger to human life that such an act creates would make it extremely difficult
for a police official to justify granting prosecutorial bail. 4
Furthermore, the seriousness of the offence, the potential for a substantial sentence if
convicted, and the public interest in ensuring that the accused stands trial all weigh
heavily against the granting of prosecutorial bail. A police official would need to be
satisfied that exceptional circumstances exist, which would be virtually impossible given
Assignment 2
Semester 1
Unique No: 265695
DUE: 16 April 2026
,UNIVERSITY OF SOUTH AFRICA
TLI4801 - Criminal Litigation
ASSIGNMENT 02
SEMESTER 1, 2026
Submitted by:
[Your Name]
[Your Student Number]
Due Date: 16 April 2026
Unique number: 265695
, QUESTION 1
(a) Prosecutorial Bail for Allan Fuse
Prosecutorial bail, also known as police bail, refers to the release of an accused person
on bail by a police official of or above the rank of non-commissioned officer before the
accused's first appearance in court. 1
In the case of Allan Fuse, prosecutorial bail is highly unlikely to be granted. The
Constitution of the Republic of South Africa, 1996, recognizes the right to liberty, but this
right is not absolute and must be balanced against considerations of public safety and
the proper administration of justice. 2
Mr. Fuse has been charged with arson, which is a Schedule 5 offence in terms of Part II
of Schedule 2 to the Criminal Procedure Act 51 of 1977. For Schedule 5 offences,
section 60(11B) of the Act creates a reverse onus, requiring the accused to satisfy the
court that exceptional circumstances exist which permit his release. Prosecutorial bail is
specifically prohibited for Schedule 5 and 6 offences unless exceptional circumstances
justifying the release of the accused are established. 3
The circumstances surrounding Mr. Fuse's case do not support a finding of exceptional
circumstances. Multiple witnesses observed him deliberately setting fire to an office
building in the Johannesburg CBD, resulting in the complete destruction of the building
and extensive property damage. While fortunately no injuries occurred due to timely
evacuation, the deliberate nature of the act, the significant property damage, and the
inherent danger to human life that such an act creates would make it extremely difficult
for a police official to justify granting prosecutorial bail. 4
Furthermore, the seriousness of the offence, the potential for a substantial sentence if
convicted, and the public interest in ensuring that the accused stands trial all weigh
heavily against the granting of prosecutorial bail. A police official would need to be
satisfied that exceptional circumstances exist, which would be virtually impossible given
