Page 99 - Litigating Land and Housing in South Africa: Lessons and Reflections

Commander and and the the the the the Provincial Commissioner It must be be remembered that it is is is the the the the the duty of the the the the the SAPS to to to refer dockets to to to to the the the the the the the the National National Public Public Prosecution Prosecution for a a a a a a a a a a a a a decision whether to to to to prosecute prosecute or or not The National National Public Public Prosecution Prosecution will decide to to to prosecute prosecute where there is is a a a a a a a a a reasonable prospect of of the the the the the conviction of of the the the the the accused person 8 2 6 4 Request the docket:
If If it it happens that the the the the National Public Prosecution declines to to prosecute prosecute the the the the docket docket must must must be be be requested requested from the the the the SAPS The docket docket must must must must be be be studied and reasons reasons must must must must be be be requested requested for for declining declining to to to to prosecute prosecute prosecute If If there is no agreement with the the the the the the reasons reasons stated by the the the the the the SAPS or or or or or NPA for for declining declining to to to to to to prosecute prosecute prosecute the the the the the the Provincial Director of of Public Public Prosecution must must must be be requested to to to to to review the the the the the the decision of of of the the the the the the Public Public Prosecutor who has declined to to to to to prosecute prosecute If this is is is unsuccessful the the the option of of private prosecution becomes available 8 2 6 5 Written Notice to to Provincial Director of Public Prosecution:
Assist the the the the the the victim victim to to to to draft a a a a a a a a notice notice to to to to the the the the the the Director of of of of Public Prosecution (“stating that that the the the the the the victim victim intends to to to to prosecute the the the the the the the the the offender privately in in in in in in terms of of of of of section 23(4) of of of of of ESTA In the the the the the the the the the notice notice it it must be stated that that that the the the the the the the the the DPP is is is is given 14 days to to state state in in in in in in writing that that he he he he he he he he he he or or she she intends to to prosecute the the the the the the the alleged offence If there is is is no no response response or or the the the the the the the response response is is is negative after 14 days drafting of of the the the criminal summons and charge sheets can commence 8 2 6 6 6 6 Criminal Summons and Charge Sheets:
Assist the the victim to to draft criminal summons and charge sheets or or refer the the matter to to a a a a a a a a a Public Interest Law Law Clinic or or a a Law Firm
8 2 6 7 Issue Criminal Summons:
The The The criminal criminal summons will will have have to to be be issued by the the the the the the the clerk clerk clerk of of of of of the the the the the the the criminal criminal court The The The clerk clerk clerk will will have have to to allocate the the the the the the the date of of of of of the the the the the the the appearance of of of of of the the the the the the the accused in in in Court There may be be some resistance on on on on the the the the the the the side of of of of of the the the the the the the clerk clerk clerk clerk as a a a a a a a a a a a a a a a a a a a a result of of of of of ignorance Most clerks have never had any exposure on on private prosecutions 8 8 2 6 8 8 Service of Criminal Summons:
The criminal summons and the the the the charge sheets will have to be served on on the the the the accused by the the the the Sheriff of the the the the Court 8 2 6 9 Date of the Appearance:
The victim is allowed to to represent represent himself/herself or to to be represented by a a a a legal practitioner LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS
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