Has Gerrie Nel exchanged his rock star job for nothing?
'AfriForum will only be able to assist private individuals to prosecute in very narrow circumstances'
It was an odd decision by rock star prosecutor Gerrie Nel to resign from the National Prosecuting Authority to join the controversial AfriForum to pursue private prosecutions on its behalf. AfriForum has a dubious political mandate and history, and is not legally permitted to conduct private prosecutions. It will only be able to assist private individuals to prosecute in very narrow circumstances. The NPA, representing the state, normally prosecutes criminal suspects. It must decide whether to prosecute or not to prosecute in an impartial manner. Its members must also adhere to prosecuting policy and policy directives. If the prosecution of criminal suspects is in effect privatised, the law will not be applied equally to all. Suspects who fall foul of private individuals with pots of money — or of private organisations with their own political agendas — might be prosecuted while other suspects might escape justice. This would be unfair and pose a threat to the constitutional order. ...
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