Rose v National Prosecuting Authority and Others (056281/2025)
Rose v National Prosecuting Authority and Others (056281/2025) [2025] ZAGPPHC 549 (15 May 2025)
The court held that the accused's representations to the National Prosecuting Authority are privileged and made on a without-prejudice basis, as confirmed by the NPA's PAIA Manual and relevant case law. The applicant, as a private prosecutor, does not stand in the same position as the NDPP, as he acts in his own interest and not in the public interest. Disclosure of the representations would confer an unfair advantage in criminal proceedings, allowing the applicant to tailor his evidence to the accused's version. The exceptions to the privilege rule do not apply in this case, and the applican…
Source excerpt
- Private Prosecution
- Legal Privilege
- Promotion Of Access To Information Act
- Nolle Prosequi
- Without Prejudice Rule