n Without Prejudice - To prosecute or not to prosecute : the law
|Article Title||To prosecute or not to prosecute : the law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||Aug 2014|
|Pages||56 - 57|
To prosecute, or not to prosecute, that is the question. In terms of the Promotion of Administrative Justice Act (3 of 2000) (PAJA), a decision to institute a prosecution is not subject to review. PAJA does not, however, deal specifically with a decision not to prosecute. On Thursday, April 17, the Supreme Court of Appeal (SCA) delivered judgement in the matter between the National Director of Public Prosecutions (Appellant) and Freedom Under Law (Respondent) (cited as National Director of Public Prosecutions v Freedom Under Law (67/14)  ZASCA 58 (April 17 2014)) and in doing so provided some much needed clarity in respect of the following issue: While s1(ff) of the definition of 'administrative action' as defined in the PAJA excludes 'a decision to institute or continue a prosecution', does the exception extend to its converse as well, namely a decision not to prosecute or to discontinue a prosecution?
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