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South Africa decisions
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Nquru v National Director of Public Prosecutions and Others (153/2021) [2022] ZAFSHC 347 (2 December 2022)
The court dismissed an application to remove a prosecutor from pending stock-theft trials, holding it belonged in the trial court and lacked evidence.
S v Zuma and Another (CCD30/2018) [2021] ZAKZPHC 89; [2022] 1 All SA 533 (KZP); 2022 (1) SACR 575 (KZP) (26 October 2021)
The court held that the special plea raised by Mr Zuma under section 106(1)(h) of the Criminal Procedure Act must be interpreted narrowly, referring only to the prosecutor's legal authority or standing to prosecute. Allegations of bias, lack of independence, or prosecutorial misconduct do not deprive a prosecutor of title to prosecute and must be pursued through separate substantive applications. The evidence established that Mr Downer SC was properly appointed, held the necessary authority, and no factual basis was shown for his removal. The court found no material disputes of fact requiring…
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Mandlazi v S (01/2020) [2020] ZANWHC 9 (21 February 2020)
The court held that the prosecutor's alleged statements, even if made, do not affect the fairness of the trial because the prosecutor does not have the power to convict or acquit the accused. The role of the prosecutor is distinct from that of the magistrate or judge, whose responsibility it is to determine guilt or innocence. The magistrate correctly found that the accused's right to a fair trial was not compromised by the prosecutor's conduct, and therefore the application for recusal was properly dismissed.
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