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South African Constitution: Parliament's Authority to Approve NDPP and D-NPP Removal
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South African Constitution: Parliament's Authority to Approve NDPP and D-NPP Removal

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Questions and Answers

What can be the basis for the courts to review the NPA's discretion to prosecute?

  • Admissible documentary evidence
  • Proof of male fides (correct)
  • Prima facie evidence
  • Ordinary criminal law grounds

    • When should a prosecutor have the duty to prosecute according to the text?

  • If there is a compelling reason for refusal
  • After parliament approval
  • Upon prima facie evidence being available (correct)
  • Before any formal charge is brought

    • What is the main test for deciding to prosecute according to the text?

  • Beyond reasonable doubt
  • Admissible documentary evidence
  • Prima facie case existence (correct)
  • Testimony from multiple witnesses

    • What is not required in the decision to prosecute, as per the text?

    <p>Beyond reasonable doubt</p> Signup and view all the answers

    When is the prosecution entitled to reinstate a charge according to the text?

    <p>Before the accused pleads to the charge</p> Signup and view all the answers

    What does the NPA's discretion to prosecute depend on, as stated in the text?

    <p>Male fides</p> Signup and view all the answers

    What kind of review can be done by the courts regarding NPA's discretion to prosecute?

    <p>'Mala fides' review</p> Signup and view all the answers

    What should be considered when deciding to prosecute, as per the text?

    <p>'Prima facie' case existence</p> Signup and view all the answers

    What is NOT a reason for prosecution refusal according to the text?

    <p>'Male fides' proven</p> Signup and view all the answers

    'Withdrawal or stopping a prosecution' allows what according to the text?

    <p>'Reinstate at a later date'</p> Signup and view all the answers

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