South Africa Case Law

Rudolph and Another v National Director of Public Prosecutions and Another (35697/08)

Rudolph and Another v National Director of Public Prosecutions and Another (35697/08) [2009] ZAGPJHC 44 (18 August 2009)

Court

South Gauteng High Court, Johannesburg

Case number

35697/08

Judge

Van Oosten

The application was dismissed because section 179(5)(d) of the Constitution did not apply to the decisions made by the DPP, as the NDPP was not involved. The applicants were not entitled to make representations prior to the decision to re-prosecute. The challenge based on alleged non-compliance with the Policy Manual failed due to lack of substance and absence of demonstrated prejudice. The argument regarding unlawful arrest was not supported by the founding papers and was considered an afterthought. The evidence provided by the respondents was relevant and did not prejudice the applicants. T…

Source excerpt

• Prosecutorial Discretion
• Section 179 Constitution
• Policy Manual Compliance
• Unlawful Arrest
• Review Of Prosecutorial Decisions

National Director of Public Prosecutions v Zuma (8652/08)

National Director of Public Prosecutions v Zuma (8652/08) [2008] ZAKZHC 77 (22 October 2008)

Court

High Courts - Kwazulu Natal

Case number

8652/08

Judge

Nicholson

The High Court granted the National Director of Public Prosecutions leave to appeal to the Supreme Court of Appeal on 16 grounds arising from the September 2008 judgment.

• Leave To Appeal
• Section 179 Constitution
• National Prosecuting Authority Act
• Legitimate Expectation
• Political Interference
• Costs Order

Bonugli and Another v Deputy National Director of Public Prosecutions and Others (17709/2006)

Bonugli and Another v Deputy National Director of Public Prosecutions and Others (17709/2006) [2008] ZAGPHC 28 (1 February 2008)

Court

High Courts - Gauteng

Case number

17709/2006

Judge

B R Du Plessis

The High Court set aside the appointment of private advocates as prosecutors because complainant funding and prior involvement created a reasonable apprehension of bias.

• Prosecutorial Independence
• Fair Trial Rights
• Appointment Of Ad Hoc Prosecutors
• Conflict Of Interest
• Section 179 Constitution
• National Prosecuting Authority Act