CRIMINAL PROCEDURE AND EVIDENCE ACT 7 Change of prosecutor Criminal proceedings instituted on behalf of the State by one public prosecutor may be continued by any other public prosecutor. 8 Power to stop public prosecutions The Prosecutor-General, or any person conducting criminal proceedings on behalf of the State may— (a) before an accused pleads to a charge, withdraw that charge, in which event the accused shall not be entitled to a verdict of acquittal in respect of that charge; (b) at any time after an accused has pleaded to a charge, but before conviction, stop the prosecution in respect of that charge, in which event the court trying the accused shall acquit the accused in respect of that charge. 9 Prosecutions for contempt of court proceedings (1) A court or tribunal may, on its own motion, institute proceedings for contempt of court against any person who is alleged to have impaired its dignity, reputation or authority in the presence of the court or tribunal. (2) No court, tribunal or person, other than the Prosecutor-General or someone acting on the express authority of the Prosecutor-General, shall institute or continue any proceedings for contempt of court against anyone who is alleged to have impaired the dignity, reputation or authority of a court or tribunal in circumstances other than those referred to in subsection (1). (3) Nothing in this section shall affect the institution of proceedings for contempt of court against any person for the purpose of enforcing any order of a court or tribunal. 10 Power of ordering liberation of persons committed for further examination or trial (1) The Prosecutor-General may order the liberation of any person committed to prison for further examination or trial, and for that liberation a document setting forth that the ProsecutorGeneral sees no grounds for prosecuting such person and signed by him or her shall be a sufficient warrant. (2) If, in the opinion of the Prosecutor-General, the accused person has been wrongly convicted by the court, the Prosecutor-General may, at any stage after conviction, make representations to the court that— (a) there is compelling evidence that exonerates the convicted person of the offence; or (b) compelling evidence incriminating a person other than the convicted person has been brought to the Prosecutor-General’s knowledge; or (c) new evidence obtained links the convicted person to a lesser offence and not to the offence for which he or she was convicted; and that the evidence referred to in paragraph (a), (b) or (c) was not within the ProsecutorGeneral's knowledge at the time of trial. (3) Upon hearing the representations of the Prosecutor-General, the court may— (a) uphold the conviction; or (b) set aside the conviction and liberate the convicted person; or (c) make such order or give such directions as it deems fit. (4) If the Prosecutor-General is dissatisfied with the court’s decision in terms of subsection (3), the Prosecutor-General may appeal against such decision to a superior court. (5) On an appeal by the Prosecutor-General in terms of subsection (4), the superior court may— (a) confirm the decision made in terms of subsection (3); or (b) remit the case to the convicting court for sentencing; or (c) make such order or give such directions as it deems fit. 15