n Stellenbosch Law Review = Stellenbosch Regstydskrif - Taming the prosecutorial beast : of independence, discretion and accountability
|Article Title||Taming the prosecutorial beast : of independence, discretion and accountability|
|© Publisher:||Juta Law Publishing|
|Journal||Stellenbosch Law Review = Stellenbosch Regstydskrif|
|Affiliations||1 University of South Africa|
|Publication Date||Jan 2012|
|Pages||297 - 318|
The institutional position of the prosecutor remains a thorny issue in many jurisdictions, particularly as regards the prosecutorial authority's relationship with the executive power of state. South Africa is no exception in this regard. Although the absolute independence of the prosecutorial head is both desirable and ideal, in a perfect world, it is not necessarily feasible, as noted in the Italian example. Here, as will be seen, the vices of absolute independence outweigh the otherwise obvious virtues entailed therein. The much-vaunted democratic requirement of accountability, which essentially requires political accountability to a political overseer, does not necessarily offer much in the way of democratic accountability, as it is often susceptible to political manipulation and partisanship. It is submitted, in this article, that the Japanese prosecutorial model, with its systems of the prosecutorial review commissions and judicial reviews of prosecution, offer a more feasible and democratic form of democratic accountability, worthy of emulation and adoption by all models which seek solutions to the institutional quagmire engulfing many prosecutorial systems.
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