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NATIONAL COUNCIL OF PROVINCES
QUESTION FOR WRITTEN REPLY
QUESTION NO.: 312
DATE OF QUESTION: 3 SEPTEMBER 2010
Mr R A Lees (DA-KZN) to ask the Minister of Justice and Constitutional
Development:
(1)Â Â Â Â Â Â Whether, with reference to his reply to question 51 on 8 October
2009 regarding a certain case (details furnished), the Senior Public
Prosecutor has received a directive from the Director of Public
Prosecutions regarding the prosecution of an appeal by the State; if
not, what is the position in this regard; if so, what are the relevant
details;
(2)Â Â Â Â Â Â whether the appeal has been heard; if not, what is the
anticipated date for the hearing of the appeal; if so, what are the
relevant details of the outcome?
           CW407E
REPLY:-
1) I wish to inform the Honourable Member that after the accused was
acquitted, the Senior Public Prosecutor of Ladysmith wrote a letter to
the Office of the Director of Public Prosecutions in Pietermaritzburg
requesting an opinion on whether the matter could be taken up on
Special Review. This request was dealt with by an Advocate from the
said office who, after perusing the transcript of the proceedings and
the docket, decided not to institute Review Proceedings as the
Advocate was of the opinion that even if the courtâs decision in
acquitting the accused may be set aside and it be ordered that the
proceedings start de novo, there were no prospects of a successful
prosecution. The file was then closed.
2) No review proceedings were instituted. Â