Private prosecutions in South Africa

Abstract

This thesis will examine the question whether private prosecutions in South Africa could be of assistance to the National Prosecution Authority in fulfilling its constitutional mandate in the current post-Apartheid era of South African judicial transformation. It will further explore the possible effect of private prosecution on the prevailing ‘criminal culture’ in South Africa. The question as to whether, and if so to what extent, the promotion of private prosecutions could possibly bring about a decrease in the incidence of crime will be investigated. Well-founded arguments in favour of and against the promotion of private prosecutions will also be considered. The discussion will take place with due regard to the fact that any proposed change to the judicial system pertaining to private prosecution in South Africa should only be favoured if its positive impact on society will clearly outstrip any possible minor negative features. In order to make the best determination as to the possible effect of a new system favouring a substantial increase in the number of private prosecutions in South Africa, the history and development of private prosecutions in South Africa will be discussed and evaluated.