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National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development (20781/2014) [2015] ZASCA 206

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National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development (20781/2014) [2015] ZASCA 206

4th December 2015

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´╗┐This appeal concerns a constitutional challenge to s 7(1)(a) of the Criminal Procedure Act 51 of 1977, (the CPA), to the extent that it allows only a private person to institute a private prosecution and not a juristic person. The Gauteng Division of the High Court, Pretoria, (Fourie J), dismissed an application by the appellant, the National Society for the Prevention of Cruelty to Animals, against the first respondent, the Minister of Justice and Constitutional Development (the Minister), and the second respondent, the National Director of Public Prosecutions (the NDPP) to declare the provisions of s 7(1)(a) of the CPA invalid and unconstitutional to the extent that they prohibit juristic persons from instituting and conducting private prosecutions merely because they are not private persons.

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