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 (A)</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 (D)</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 (B)</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 (A)</p> Signup and view all the answers

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

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

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

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

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

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

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