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Constitutional Law [2015] ZASCA 61

Moussa v S and Another (181/2014)

Moussa v S and Another (181/2014) [2015] ZASCA 61; [2015] 2 All SA 565 (SCA); 2015 (2) SACR 537 (SCA) (14 April 2015)

Section 38 of the National Prosecuting Authority Act is not unconstitutional. The statutory scheme establishes a single national prosecuting authority with strict hierarchical controls and supervision, ensuring that private counsel appointed under section 38 act under the direction of senior NPA officials who have taken the prescribed oath. The absence of a specific oath for private prosecutors does not undermine prosecutorial independence or impartiality, nor does it violate the accused's right to a fair trial. The Constitution requires that prosecutions be conducted without fear, favour, or…

  • National Prosecuting Authority Act
  • Prosecutorial Independence
  • Constitutional Validity
  • Appointment Of Private Prosecutors
  • Fair Trial Rights
  • Oath Of Office
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