Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another
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Date
2015
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Pretoria University Law Press (PULP)
Abstract
Unlike countries such as the United Kingdom, Kenya, Zimbabwe and Australia, in South Africa companies and associations are not permitted to institute private prosecutions although natural persons have a right to institute private prosecutions. In National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another, the applicant argued that the law which permitted natural persons to institute private prosecutions and prevented companies and associations from doing so violated section 9 of the Constitution which protects the right to equality. The court held that the discrimination in question was not unfair. In this note, the author assesses the court's reasoning and recommends that there may be a need to empower companies to institute private prosecutions in South Africa.
Description
Keywords
Private prosecution, Juristic person, Companies, Discrimination, South Africa, Animal cruelty, Constitution, National Society for the Prevention of Cruelty to Animals
Citation
Mujuzi, J.D. (2015). Private prosecutions and discrimination against juristic persons in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development & Another. African Human Rights Law Journal, 15(2): 537 - 558