How SA’s first private prosecutions unit will work
North-West University law lecturers Chantelle Feldhaus and René Koraan explain the role a dedicated private prosecutions unit could play
South African rights group, AfriForum, has made legal history by launching the country’s first dedicated private prosecutions unit to be headed by celebrated former state prosecutor Gerrie Nel. The development comes amid accusations that the country’s National Prosecuting Authority (NPA) is politically biased and highly selective about the prosecutions it pursues. Nel said his main concern was that "everyone should be equal before the law". The Conversation politics and society editor Thabo Leshilo asked North-West University law lecturers Chantelle Feldhaus and René Koraan to explain how it will work. THABO LESHILO: How do private prosecutors work — are private prosecutorial capabilities (units) common in other countries? CHANTELLE FELDHAUS AND RENÉ KORAAN: In most countries prosecutors have the power to decide whether to prosecute or not. In other words, there is no principle of compulsory prosecution. This means that people who believe they have been aggrieved can fall through th...
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