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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?

Beyond reasonable doubt Signup and view all the answers

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

Before the accused pleads to the charge Signup and view all the answers

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

Male fides Signup and view all the answers

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

'Mala fides' review Signup and view all the answers

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

'Prima facie' case existence Signup and view all the answers

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

'Male fides' proven Signup and view all the answers

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

'Reinstate at a later date' Signup and view all the answers