lOMoARcPSD|66458793
TLI4801 ASSIGNMENT 2 2026
DUE 16 APRIL 2026
Answer the following questions using proper references in footnotes. Your entire
assignment answer (questions 1-4) must not exceed 15 pages.
1. Allan Fuse is arrested on a charge of arson. He was seen by witnesses setting
fire to an office building in the Johannesburg CBD. The building burnt down, and
om
extensive property was damaged because of the fire. Fortunately, staff were
c
evacuated in time, and no one was injured. After his arrest, Mr. Fuse phones his
e.
attorney, Mr. Brut Hum, from the police holding cells and says to him: “I have been
on
arrested, get me out of jail.”
D
er
(a) Critically discuss whether prosecutorial bail may be applied for the release
w
of the accused, Allan Fuse in this instance.
ns
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977
A
(CPA). This section allows a Director of Public Prosecutions (DPP) or an authorised
prosecutor, after consulting the investigating officer, to release an accused on bail
without going to court, but only for offences listed in Schedule 7.¹
Schedule 7 includes offences such as public violence, culpable homicide, assault with
intent to cause grievous bodily harm, housebreaking, malicious injury to property, theft
below a certain amount, and importantly, arson.²
1Criminal Procedure Act 51 of 1977 s 59A.
2Criminal Procedure Act 51 of 1977 Schedule 7.
Downloaded by answer done ()
, lOMoARcPSD|66458793
In this case, Allan Fuse has been arrested for arson after allegedly setting fire to an
office building. Since arson is specifically listed in Schedule 7, the offence qualifies for
prosecutorial bail.
This means that the prosecutor may authorise his release on bail at the police station,
om
without waiting for a court appearance, provided the prosecutor is satisfied that release
is appropriate after consultation with the police.
c
e.
on
However, prosecutorial bail is not automatic. The prosecutor must still consider whether
the release of the accused will be in the interests of justice and whether Allan will attend
D
court.
er
w
ns
A
Downloaded by answer done ()
TLI4801 ASSIGNMENT 2 2026
DUE 16 APRIL 2026
Answer the following questions using proper references in footnotes. Your entire
assignment answer (questions 1-4) must not exceed 15 pages.
1. Allan Fuse is arrested on a charge of arson. He was seen by witnesses setting
fire to an office building in the Johannesburg CBD. The building burnt down, and
om
extensive property was damaged because of the fire. Fortunately, staff were
c
evacuated in time, and no one was injured. After his arrest, Mr. Fuse phones his
e.
attorney, Mr. Brut Hum, from the police holding cells and says to him: “I have been
on
arrested, get me out of jail.”
D
er
(a) Critically discuss whether prosecutorial bail may be applied for the release
w
of the accused, Allan Fuse in this instance.
ns
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977
A
(CPA). This section allows a Director of Public Prosecutions (DPP) or an authorised
prosecutor, after consulting the investigating officer, to release an accused on bail
without going to court, but only for offences listed in Schedule 7.¹
Schedule 7 includes offences such as public violence, culpable homicide, assault with
intent to cause grievous bodily harm, housebreaking, malicious injury to property, theft
below a certain amount, and importantly, arson.²
1Criminal Procedure Act 51 of 1977 s 59A.
2Criminal Procedure Act 51 of 1977 Schedule 7.
Downloaded by answer done ()
, lOMoARcPSD|66458793
In this case, Allan Fuse has been arrested for arson after allegedly setting fire to an
office building. Since arson is specifically listed in Schedule 7, the offence qualifies for
prosecutorial bail.
This means that the prosecutor may authorise his release on bail at the police station,
om
without waiting for a court appearance, provided the prosecutor is satisfied that release
is appropriate after consultation with the police.
c
e.
on
However, prosecutorial bail is not automatic. The prosecutor must still consider whether
the release of the accused will be in the interests of justice and whether Allan will attend
D
court.
er
w
ns
A
Downloaded by answer done ()
