n Without Prejudice - To prosecute or not to prosecute : the law

Volume 14, Issue 7
  • ISSN : 1681-178X



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 (Respondent) (cited as (67/14) [2014] ZASCA 58 (April 17 2014)) and in doing so provided some much needed clarity in respect of the following issue: While s1() of the definition of as defined in the PAJA excludes , does the exception extend to its converse as well, namely a decision not to prosecute or to discontinue a prosecution?

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