What is a certificate nolle prosequi

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Assignment:

You are a judge presiding over the case of Jimmy. Jimmy is facing charges of assault with the intention to do grievous bodily harm and attempted murder after he got into a bar fight at a local bar.

Assume for this question only that the National Prosecuting Authority (or NPA) has chosen not to prosecute Jimmy. Bruno, a patron who was seriously injured in the fight, would like to launch a private prosecution against Jimmy. Bruno is still waiting for the certificate nolle prosequi from the NPA.

Discuss what a certificate nolle prosequi is and what requirements have to be met for a private prosecutor to receive such a certificate with reference to the case of Singh v Minister of Justice and Constitutional Development and Another 2009 (1) SACR 87 (N).

Reference no: EM133466423

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