Article by Brig Dirk Lambrechts
Photo courtesy of Freepik
Question
A reader has asked Pollex to explain the concept of private prosecution in South Africa and whether case law of such cases is available.
Answer
Introduction
A private prosecution must NOT be confused with civil proceedings because a private prosecution is adjudicated/heard/ tried (Afrikaans: “bereg/verhoor”) in terms of “criminal proceedings”, namely in terms of provisions referred to in sections 6 to 18 of the Criminal Procedure Act 51 of 1977 (“the CPA”). Note that wherever the words “attorney-general” and/or “deputy attorney-general” appear in the CPA and/or in this discussion, it must be construed as a reference to a “Director or Deputy Director of Public Prosecutions” (DPP). See section 45 of the National Prosecuting Authority Act 32 of 1998.
To illustrate, the case of Polovin v The Director of Public Prosecutions in Cape Town and Others, Case No 1230/2022, Supreme Court of Appeal, dated 17 October 2024 (SCA), will be discussed.
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[This is only an extract of an article published in Servamus: August 2025. This article is available for purchase.]