S v Tshotshoza and Others (18/2009)
S v Tshotshoza and Others (18/2009) [2009] ZAGPPHC 172; 2010 (2) SACR 274 (GNP) (17 April 2009)
The High Court held that the appointment of Adv. Krause as prosecutor, paid by Business Against Crime and SABRIC, did not create a reasonable perception of possible prejudice in the minds of reasonable, right-minded persons. The arrangement was distinguished from the Bonugli matter, as the contributors (banks) had no direct control over prosecutions and did not stand to benefit directly from convictions. The agreement between the NPA and Krause complied with section 38 of the National Prosecuting Authority Act, and Krause acted under the supervision and direction of the Director of Public Pro…
Source excerpt
- Fair Trial Rights
- Appointment Of Prosecutors
- Section 38 National Prosecuting Authority Act
- Perception Of Bias
- Public Vs Private Prosecution