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Criminal Law [2024] ZASCA 140

Polovin v Director of Public Prosecutions and Others (1230/2022)

Polovin v Director of Public Prosecutions and Others (1230/2022) [2024] ZASCA 140; [2024] 4 All SA 675 (SCA); 2025 (1) SACR 1 (SCA) (17 October 2024)

The Supreme Court of Appeal held that the nolle prosequi certificate issued by the DPP is not administrative action and is not reviewable under PAJA; only the underlying decision not to prosecute is subject to review on legality and rationality grounds. The jurisdictional requirements for private prosecution under s 7(1)(a) of the CPA were met, as the second respondent suffered injury to her personality rights, dignity, and privacy. The DPP was entitled to re-issue the certificate and include additional charges, as the right to prosecute had not prescribed and the charges arose from the same…

  • Private Prosecution
  • Nolle Prosequi Certificate
  • Jurisdictional Requirements
  • Review Of Administrative Action
  • Personality Rights
  • Costs In Private Prosecution
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