TLI4801
ASSIGNMENT 2
DUE DATE: APRIL 2026
, TLI4801 ASSIGNMENT 2 MEMO 2026
DUE 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
extensive property was damaged because of the fire. Fortunately, staff were
evacuated in time, and no one was injured. After his arrest, Mr. Fuse phones his
attorney, Mr. Brut Hum, from the police holding cells and says to him: “I have been
arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release
of the accused, Allan Fuse in this instance.
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977
(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.
ASSIGNMENT 2
DUE DATE: APRIL 2026
, TLI4801 ASSIGNMENT 2 MEMO 2026
DUE 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
extensive property was damaged because of the fire. Fortunately, staff were
evacuated in time, and no one was injured. After his arrest, Mr. Fuse phones his
attorney, Mr. Brut Hum, from the police holding cells and says to him: “I have been
arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release
of the accused, Allan Fuse in this instance.
Prosecutorial bail is regulated by section 59A of the Criminal Procedure Act 51 of 1977
(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.
