The Mushwana Report and Prosecution Policy


Show simple item record Benun, Mervyn E 2017-03-31T08:45:03Z 2017-03-31T08:45:03Z 2005
dc.identifier.citation Bennun, M. E. (2005). The Mushwana Report and prosecution policy. South African Journal of Criminal Justice, 18(3), p-279.
dc.description.abstract The meaning of the expression 'a prima facie case' as it is used in South Africa and in several other jurisdictions, and is considered also the nature of the role of the prosecutor in South Africa when considering whether or not a matter should be brought to trial is reviewed. It is argued that this involves considerations which are different from the question which the trial judge must consider at the end of the case for the prosecution in terms of s 174 of the Criminal Procedure Act, and that similar considerations are general to, and inherent in, the accusatorial mode of trial elsewhere. The Report by the Public Protector into the objections brought by a person of whom it was said by the National Director of Public Prosecutions that, despite the existence of a prima facie case of offences committed by that person there would be no prosecution, is reviewed.
dc.source South African Journal of Criminal Justice
dc.title The Mushwana Report and Prosecution Policy
dc.type Journal Article en_ZA 2016-01-05T07:48:00Z
uct.type.publication Research en_ZA
uct.type.resource Article en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Public Law en_ZA
uct.type.filetype Text
uct.type.filetype Image

Files in this item

This item appears in the following Collection(s)

Show simple item record