Reflections on prosecutorial independence and impartiality in South Africa : the recent jurisprudence of the courts
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Date
Authors
Dyani-Mhango, Ntombizozuko
Journal Title
Journal ISSN
Volume Title
Publisher
Unisa Press
Abstract
Prosecutorial independence and prosecutorial impartiality are important for the effective administration of criminal justice in South Africa. These two concepts are interconnected and yet they are distinct, and distinguishable from judicial independence and judicial impartiality. In the past decade or so, controversy has surrounded and allegations have been made of political interference with prosecutorial independence and impartiality in South Africa. This article reflects on recent developments in the exercise of prosecutorial independence and impartiality in South Africa. The interest was sparked by recent constitutional jurisprudence in developing the law on prosecutorial independence and impartiality. In its analysis of the courts' jurisprudence on prosecutorial independence, the article further demonstrates that this jurisprudence has had an influence in determining the independence of other institutions responsible for the administration of criminal justice.
Description
Keywords
National Director of Prosecutions, National Prosecuting Authority, Independence, Impartiality, Political interference, Administration of justice
Sustainable Development Goals
Citation
Dyani-Mhango, N. 2020, 'Reflections on prosecutorial independence and impartiality in South Africa : the recent jurisprudence of the courts', Southern African Public Law, vol. 35, no. 2, art. 7030, pp. 1-25.