1945

Prosecutions, politics and the law: The way things are

In recent years, a lively debate has been revived in many countries, including South Africa, about what are, and what should be, the constitutional and institutional arrangements for the exercise of investigative and prosecutorial discretion. A host of different cases have fuelled these debates. Some involve investigations into the activities of high profile political or other powerful individuals or corporations, and others involve ordinary citizens with no particular public profile but who have often unwittingly attracted public attention. What these cases have in common is that they raise challenging questions about (i) who should have the ultimate authority to determine what ‘the public interest’ requires in such cases, (ii) the conditions under which such decisions should be made, and (iii) how those who make them can effectively be held publicly accountable.

Related Subject(s): Democracy and Governance
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