Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)
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Date
In press
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Abstract
In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority Act (section 20). However, there is an exception to this general rule - where a victim of crime or his or her representative, where the victim has no legal capacity, is permitted to institute a private prosecution if the prosecutor has declined to prosecute.
Description
This article has been accepted for publication and will appear in a revised form, subsequent to peer review and/or editorial input by Cambridge University Press, in Journal of
African Law published by Cambridge University Press.
Keywords
Animal, Mistreatment, Private prosecution, National Society for the Prevention of Cruelty to Animals, National Prosecuting Authority Act 32 of 1998, Criminal Procedure Act
Citation
Mujuzi, J.D. (in press). Protecting Animals from Mistreatment through Private Prosecutions in South Africa: A Comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA). Journal of African Law.