Maremba and Others v National Director of Public Prosecutions and Others (2031/2023) [2024] ZALMPTHC 15 (8 February 2024)

Maremba and Others v National Director of Public Prosecutions and Others (2031/2023) [2024] ZALMPTHC 15 (8 February 2024)

The court found that the DPP was lawfully empowered to review and overturn the DDPP's decision to refer the matter to an inquest, as provided for in section 179(2) of the Constitution and sections 6(3) and 20 of the NPA Act. The review of prosecutorial decisions by prosecutors and DPPs is not subject to consultation or representation requirements, and such decisions are not administrative actions susceptible to review under PAJA. The Applicants failed to exhaust internal remedies by not making representations to the NDPP, who has the power to review the DPP's decision. The DPP's review did not amount to unlawful self-review, and in the absence of dishonesty or mala fides, the decision to...

Citation
[2024] ZALMPTHC 15
Parties
Applicant: Maremba Emmanuel Rembuluwani; Applicant: Netshitanani Faranani; Applicant: Ravuluvulu Tshilisanani; Applicant: Ravele Calvin Tshifiwa; Applicant: Mukhithi Ofhani; Applicant: Madzhie Emmanuel; Applicant: Siema Livhuwani; Respondent: National Director of Public Prosecutions; Respondent: Deputy Director of Public Prosecutions: Thohoyandou; Respondent: Director of Public Prosecutions: Limpopo Division, Polokwane
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
8 February 2024
Case Number
2031/2023
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
BF Gededger
Legal Topics
Prosecutorial Discretion, Judicial Review of Prosecutorial Decisions, Internal Remedies, Constitutionality of Prosecution, Powers of National Prosecuting Authority
Criminal Law Administrative Law Prosecutorial Discretion Judicial Review of Prosecutorial Decisions Internal Remedies Constitutionality of Prosecution Powers of National Prosecuting Authority

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Parties

Maremba Emmanuel Rembuluwani

Applicant

Netshitanani Faranani

Applicant

Ravuluvulu Tshilisanani

Applicant

Ravele Calvin Tshifiwa

Applicant

Mukhithi Ofhani

Applicant

Madzhie Emmanuel

Applicant

Siema Livhuwani

Applicant

National Director of Public Prosecutions

Respondent

Deputy Director of Public Prosecutions: Thohoyandou

Respondent

Director of Public Prosecutions: Limpopo Division, Polokwane

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Director of Public Prosecutions (DPP) may lawfully review and overturn the decision of the Deputy Director of Public Prosecutions (DDPP) to refer a matter to inquest.
  2. 2 Whether the DPP was required to consult the Applicants before reversing the DDPP's decision.
  3. 3 Whether the DPP's review of the DDPP's decision amounts to unlawful self-review.

Ratio Decidendi

The court found that the DPP was lawfully empowered to review and overturn the DDPP's decision to refer the matter to an inquest, as provided for in section 179(2) of the Constitution and sections 6(3) and 20 of the NPA Act. The review of prosecutorial decisions by prosecutors and DPPs is not subject to consultation or representation requirements, and such decisions are not administrative actions susceptible to review under PAJA. The Applicants failed to exhaust internal remedies by not making representations to the NDPP, who has the power to review the DPP's decision. The DPP's review did not amount to unlawful self-review, and in the absence of dishonesty or mala fides, the decision to...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.