n Stellenbosch Law Review = Stellenbosch Regstydskrif - Taming the prosecutorial beast : of independence, discretion and accountability

Volume 23, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



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 , which essentially requires political accountability to a political overseer, does not necessarily offer much in the way of , 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 and , 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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