PROSECUTOR’S DUTY TO COURT

The duty of a Prosecutor is to place the truth before a court and not to seek a conviction at all costs. This long standing principle of our law was again stated in Maliga v The State (543/13) [2014] ZASCA 161 (01 October 2014)

A prosecutor stands in a special position in relation to the court. The paramount duty of a prosecutor is not to procure a conviction but to assist the court in ascertaining the truth. (S v Jija 1991 (2) SA 52 ECD at 67J-68A). Implicit herein is the prosecutor’s role in assisting a court to ascertain the truth and dispense with justice. This, not surprisingly, gels with the stringent ethical rules by which all legal representatives have to conduct themselves in their professional lives.

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