http://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / High Courts RSS ← Back
Act
act
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by

Close

Article Enquiry

Director of Public Prosecutions Gauteng Local Division, Johannesburg v Regional Magistrate, Krugersdorp and Another (2016/20222) [2017] ZAGPJHC 119

Verification Image. Please refresh the page if you cannot see this image.
Close

Embed Video

Director of Public Prosecutions Gauteng Local Division, Johannesburg v Regional Magistrate, Krugersdorp and Another (2016/20222) [2017] ZAGPJHC 119

19th May 2017

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

The applicant, the Director of Public Prosecutions (DPP), seeks to review a decision of the first respondent, a regional magistrate, which decision was to grant a discharge of the second respondent (the accused) in a criminal case pursuant to the provisions of s 174 of the Criminal Procedure Act (CPA).

Despite earlier decisions allowing the DPP to appeal such a decision of a magistrate the representative of the DPP did not rely on an appeal procedure by it but on a review only. The DPP submitted and accepted that a court’s finding in an application for discharge at the end of the State’s case in terms of s 174 of the CPA is an interlocutory order and not appealable. Although the refusal to grant a discharge may not be appealable on this basis, it does not follow that the granting of a discharge is also of an interlocutory nature. Whether this position is correct in law need no consideration as the DPP’s only lis with the accused is whether the decision of the magistrate to grant the discharge is reviewable.

Advertisement
  • Director of Public Prosecutions Gauteng Local Division, Johannesburg v Regional Magistrate, Krugersdorp and Another (2016/20222) [2017] ZAGPJHC 119
    Download
    0.33 MB
Sponsored by

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options