Protecting animals from mistreatment through private prosecutions in South Africa: A comment on National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development 2016 1 SACR 308 (SCA)

Abstract

In South Africa, the general rule is that when an offence is committed, the suspect has to be prosecuted by a public prosecutor. This is on the basis of the Constitution (section 179) and the National Prosecuting Authority Act (section 20). However, there is an exception to this general rule - where a victim of crime or his or her representative, where the victim has no legal capacity, is permitted to institute a private prosecution if the prosecutor has declined to prosecute.