Singh v Minister of Justice and Constitutional Development and Another (5072/05)
Singh v Minister of Justice and Constitutional Development and Another (5072/05) [2006] ZAKZHC 20 (5 May 2006)
The court held that the applicant was not entitled to a nolle prosequi certificate merely because the National Director of Public Prosecutions declined to prosecute. Section 7(1)(a) of the Criminal Procedure Act requires that a private prosecutor must prove a substantial and peculiar interest arising from injury individually suffered as a consequence of the alleged offence. The applicant's founding affidavit did not address these requirements with sufficient particularity, nor did it provide a factual basis for the alleged offences or the applicant's interest. The court found that the applica…
Source excerpt
- Private Prosecution
- Nolle Prosequi Certificate
- Mandamus
- Criminal Procedure Act Section 7
- Onus Of Proof