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Futhermore private prosectution must be instituted in the name of the
private prosecutor, and the process documents issued in the name
of, and at the expense of, the private prosecutor. As with civil cases, a
private prosecution is also reported in the name of the parties involved,
for example Van Rensburg v Francisco.
A person being priately prosecuted may however not be arrested for
the relevant charge, but may only be summonsed to appear before the
court. Furthermore he/she enjoys the same rights as an accused being
prosecuted by the state. The attorney general kan also intervene at any
time and take over the prosecution, and then all proceedings in the
private prosecution has to be stopped.
Before a person may be privately prosecuted, the private prosecutor
has to pay in an amount at the Magistrates Court in which jurisdiction
the crime had been committed. This payment serves as security and
is determined by the Minister of Justice. Currently this amount is R2500,
but it can be amended from time to time, with the particular court also
by rights to determine a different amount. This amount can be forfeited
should the private prosecutor fail to pursue the private prosecution
against an accused to its end, or where he/she fails to show up.
If the private prosecutor fails to without a valid reason show up for the
trial, the charge against the accused will be dismissed and may he/she
not be privately prosecuted again for the same offence. The attorney
general may however prosecute the accused for that charge. If the
accused pleads guilty on the day of the trial, the National Prosecuting
Authority will take over and prosecute further.
Private prosecution is a time consuming and expensive process, but if
a person is certain that justice has not been done, there is always the
option to follow this route. Should you consider it, it’s advisable to consult
a criminal law specialist to determine the merits of private prosecution
in your case.

Litigation

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