TRIALS & LITIGATION (TLI4801)
ASSIGNMENT 02 SEMESTER 01 2026
UNIQUE NUMBER: 265695
DETAILED ANSWERS AND REFERENCES
100% PASS
, 1 (a) it should be noted that arson refers to the unlawful and negligent setting of fire
to property resulting in the destruction of said property. A Director of Public
Prosecutions (hereinafter, “DPP”) or a prosecutor authorised 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 in terms of
section 59A(1) of the Criminal Procedure Act 51 of 1977 (hereinafter, “CPA”.1
Section 59A (1) of the CPA allows the prosecutor to authorize the release of an
accused person on bail for any of the following offences listed in Schedule 7 of the
Act:
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
Any conspiracy, incitement or attempt to commit any offence listed in this
Schedule
However, prosecutorial bails are not granted in respect of infrastructure-related
offences.2
1
Maharaj A, A Confident Criminal Litigation (Lexis Nexis 2010) 1.
2
Maharaj, A Confident Criminal Litigation 2.
ASSIGNMENT 02 SEMESTER 01 2026
UNIQUE NUMBER: 265695
DETAILED ANSWERS AND REFERENCES
100% PASS
, 1 (a) it should be noted that arson refers to the unlawful and negligent setting of fire
to property resulting in the destruction of said property. A Director of Public
Prosecutions (hereinafter, “DPP”) or a prosecutor authorised 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 in terms of
section 59A(1) of the Criminal Procedure Act 51 of 1977 (hereinafter, “CPA”.1
Section 59A (1) of the CPA allows the prosecutor to authorize the release of an
accused person on bail for any of the following offences listed in Schedule 7 of the
Act:
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
Any conspiracy, incitement or attempt to commit any offence listed in this
Schedule
However, prosecutorial bails are not granted in respect of infrastructure-related
offences.2
1
Maharaj A, A Confident Criminal Litigation (Lexis Nexis 2010) 1.
2
Maharaj, A Confident Criminal Litigation 2.
