Assignment 2 Semester 1 2026
Unique number: 265695
Due Date: 16 April 2026
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.1
Arson is expressly included in Schedule 7 and would ordinarily qualify for prosecutorial bail.1
However, section 59A excludes the granting of prosecutorial bail in respect of infrastructure
related offences.1 In this case, Allan Fuse allegedly set fire to an office building in the
Johannesburg central business district, resulting in extensive damage to property.
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