Assignment 2 Semester 1 2026
Unique number: 265695
Due Date: 16 April 2026
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, QUESTION 1
a.
Prosecutorial bail refers to bail authorised by a Director of Public Prosecutions or a
prosecutor duly authorised in writing, without the need for a court appearance. This
form of bail is regulated by section 59A(1) of the Criminal Procedure Act 51 of 1977. 1
It applies only to specific offences listed in Schedule 7 of the Act and must be
considered in consultation with the investigating police officer.2
Arson is expressly included in Schedule 7 and would ordinarily qualify for
prosecutorial bail.3
However, section 59A excludes the granting of prosecutorial bail in respect of
infrastructure related offences.4 In this case, Allan Fuse allegedly set fire to an office
building in the Johannesburg central business district, resulting in extensive damage
to property.
1
Criminal Procedure Act 51 of 1977 s 59A(1).
2
Criminal Procedure Act 51 of 1977 sch 7.
3
Ibid.
4
Criminal Procedure Act 51 of 1977 s 59A(1).
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