Page 83 - Q&A.indd

As with all things, the protection measures are there, but it is also the
responsibility of the public to be wary of any abuse and report such
to the authorities who can take the necessary measures to ensure
protection of vulnerable animals that cannot do so for themselves.
What to do to privately prosecute?

January 2017

“In 2016 my son was assaulted in ‘n bar, however the state
decided not to prosecute the particular person. Lately I’ve
heard a lot in the news about private prosecution. How does
it work?”

While a large percentage of the South African public only recently heard
of private prosecution, it is not a new concept, and has been in existence
for almost a century, even though it is seldom used.

In terms of Section 7 of the Criminal Procedure Act a private person
may prosecute another person privately should the Director of Public
Prosecutions/National Prosecution Authority decide not to prosecute.

Should such a decision be taken, a nolle prosequi certificate will be
issued. This certificate is then valid for three months, which means that a
person considering private prosecution has to take the necessary legal
steps within three months from date of issue.

A person considering private prosecution must also note that he/she
should have an essential and particular interest in the case, and that
he/she must have suffered personal damages as a result of the alleged
offence. Private prosecution also makes provision for spouses to institute
such prosecution on behalf of each other, as well as for parents to act
on behalf of their children and guardians on behalf of minors.

Two or more persons may however not institute private prosecution
under the same charge, unless both parties suffered damages due to Litigation
the same alleged offence.

Futhermore private prosectution must be instituted in the name of the
private prosecutor, and the process documents issued in the name
of, and at the expense of, the private prosecutor. As with civil cases, a
private prosecution is also reported in the name of the parties involved,
for example Van Rensburg v Francisco.
A person being priately prosecuted may however not be arrested for
the relevant charge, but may only be summonsed to appear before the

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