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South Africa decisions
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S v Dube en Andere (A1188/2006) [2008] ZAGPHC 202 (21 May 2008)
The High Court set aside a magistrate’s finding that a prosecutor lacked proper delegation and remitted the criminal trial for continuation.
Naidoo and Others v National Director of Public Prosecutions and Others (062/2004) [2005] ZASCA 23; 2005 (1) SACR 349 (SCA) (29 March 2005)
The Supreme Court of Appeal held that the power to issue a written instruction for the resumption or institution de novo of a prosecution under section 342A(3)(c) of the Criminal Procedure Act is reserved for the Director of Public Prosecutions at the seat of the High Court. The certificate in question was issued by a senior State advocate, Ms Galloway, who did not have the requisite authority, and there was no evidence that the Director himself made the decision or properly authorised it. The Court found that the purpose of section 342A(3)(c) is to ensure oversight and prevent abuse, requiri…
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