n South African Journal of Criminal Justice - : the implications for prosecutors' decisions

Volume 22, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



The effect of the statement by the National Director of Public Prosecutions that though there was a case that a named individual was guilty there would be no prosecution as it did not appear that there was 'a winnable case' is considered. The nature of the relationship between the National Executive and the National Prosecuting Authority as this appears from the Constitution and the National Prosecuting Authority Act is examined. A distinction is drawn between a decision to prosecute and a decision not to prosecute, and how these relate to the overall use of the prosecutors' discretion is considered. It is suggested that a re-designed NPA should include provision for a Law Officer filling the position known as the Attorney General in other Commonwealth jurisdictions.

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