, TLI4801 ASSIGNMENT 2 SEMESTER 2 2026
DUE DATE: 9 SEPTEMBER 2026
QUESTION 1
1(a) Prosecutorial bail and Allan Fuse
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977
(CPA). Section 59A permits a Director of Public Prosecutions (DPP), or a prosecutor
authorised in writing by the relevant DPP, to authorise the release of an accused on bail
in respect of offences listed in Schedule 7 of the CPA. The prosecutor must consult with
the police official responsible for the investigation before authorising the release.1 In the
present circumstances, Allan Fuse has been arrested for arson. Arson is expressly
included in Schedule 7 of the CPA.2 Consequently, the offence falls within the category
for which prosecutorial bail may be considered. The fact that Fuse is alleged to have
been seen setting fire to an office building does not, by itself, remove the prosecutor's
power to consider bail. The prosecutor must, however, exercise this power within the
statutory framework and have regard to the interests of justice.
The fact that Fuse phones his attorney from the police cells and asks to be released does
not mean that his attorney can simply demand his immediate release. The attorney must
establish whether the requirements for prosecutorial bail are satisfied. The prosecutor
must be properly authorised and must consult the investigating police official before
1
A Maharaj, Confident Criminal Litigation (LexisNexis 2010) ch 1, 1–6; Criminal Procedure Act 51 of 1977 s
59A(1).
2
Criminal Procedure Act 51 of 1977, Schedule 7. Arson is expressly listed among the offences contemplated
by s 59A.
DUE DATE: 9 SEPTEMBER 2026
QUESTION 1
1(a) Prosecutorial bail and Allan Fuse
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977
(CPA). Section 59A permits a Director of Public Prosecutions (DPP), or a prosecutor
authorised in writing by the relevant DPP, to authorise the release of an accused on bail
in respect of offences listed in Schedule 7 of the CPA. The prosecutor must consult with
the police official responsible for the investigation before authorising the release.1 In the
present circumstances, Allan Fuse has been arrested for arson. Arson is expressly
included in Schedule 7 of the CPA.2 Consequently, the offence falls within the category
for which prosecutorial bail may be considered. The fact that Fuse is alleged to have
been seen setting fire to an office building does not, by itself, remove the prosecutor's
power to consider bail. The prosecutor must, however, exercise this power within the
statutory framework and have regard to the interests of justice.
The fact that Fuse phones his attorney from the police cells and asks to be released does
not mean that his attorney can simply demand his immediate release. The attorney must
establish whether the requirements for prosecutorial bail are satisfied. The prosecutor
must be properly authorised and must consult the investigating police official before
1
A Maharaj, Confident Criminal Litigation (LexisNexis 2010) ch 1, 1–6; Criminal Procedure Act 51 of 1977 s
59A(1).
2
Criminal Procedure Act 51 of 1977, Schedule 7. Arson is expressly listed among the offences contemplated
by s 59A.
