TLI4801
Assignment 2
Semester 1
Due 16 April 2026
, QUESTION 1
Critically discuss whether prosecutorial bail may be applied for the release of
Allan Fuse
Answer:
Prosecutorial bail may not automatically be applied for the release of Allan Fuse and
must be considered critically in light of the seriousness of the offence.
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of
1977. This section allows a prosecutor to authorise bail prior to the accused’s first court
appearance, but only in respect of Schedule 7 offences and only where the release of
the accused is in the interests of justice.¹
Arson is a serious offence involving deliberate damage to property and a potential
danger to human life. Where arson results in extensive damage to property, it may fall
under Schedule 5, which excludes the application of prosecutorial bail and requires that
bail be decided by a court.²
Application to the facts:
• The building in the Johannesburg CBD was completely destroyed
• The offence was committed in a public area
• The accused was seen by eyewitnesses
These facts indicate seriousness and strong prima facie evidence. As a result,
prosecutorial bail would be inappropriate, and Allan Fuse must apply for bail in court.
Conclusion: Prosecutorial bail cannot be applied in this instance, and a formal court
bail application is required.
Assignment 2
Semester 1
Due 16 April 2026
, QUESTION 1
Critically discuss whether prosecutorial bail may be applied for the release of
Allan Fuse
Answer:
Prosecutorial bail may not automatically be applied for the release of Allan Fuse and
must be considered critically in light of the seriousness of the offence.
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of
1977. This section allows a prosecutor to authorise bail prior to the accused’s first court
appearance, but only in respect of Schedule 7 offences and only where the release of
the accused is in the interests of justice.¹
Arson is a serious offence involving deliberate damage to property and a potential
danger to human life. Where arson results in extensive damage to property, it may fall
under Schedule 5, which excludes the application of prosecutorial bail and requires that
bail be decided by a court.²
Application to the facts:
• The building in the Johannesburg CBD was completely destroyed
• The offence was committed in a public area
• The accused was seen by eyewitnesses
These facts indicate seriousness and strong prima facie evidence. As a result,
prosecutorial bail would be inappropriate, and Allan Fuse must apply for bail in court.
Conclusion: Prosecutorial bail cannot be applied in this instance, and a formal court
bail application is required.
