No.2
2016
9
Prosecutions for contempt of court proceedings
( 1) A court or tribunal may, on its
n 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.
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(2) ~o com1, tribunal or person, other than the Prosecutor-General
or someone acting on the express authority of the Prosecutor-General,
shall instil ute or continue any proceedings for contempt of court against
anyone who is alleged to have impaued the dignity, reputation or authority
of a court or tribunal in circumstances other than those referred to in
subsection (I).
(3) I'\ othing in this section shall affect the institution of proceedings
for contempt of court against any person for the purpose of enforcing an)
order of a com1 or tribunal.
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Power of ordering liberation of persons committed for further
examination, sentence or trial
( l) The Prosecutor-General may order the liberation of any person
committed to prison for further examination or triaL ami for that liberation
a document setting forth that the Prosecutor-General sees no grounds for
prosecuting such person and signed by him or her shall he a sufficient warrant.
(2) If, in the opinion oft he Prosecutor-General.the accused person
has been wrongly convicted by the court, the Procecntor-< reneral 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 ProsecutorGeneral's knowledge; or
(c)
new evidence obtained links the com·icted 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), (h) or (c) was not within
the Prosecutor-General's knowledge at the time of trial.
(3) CJXm hearing the representations of the Prosecutor-General,
the court may(a)
uphold the conviction; or
(h)
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
(-J.), the superior court may-
(a)
confirm the decision made in terms of subsection (3); or
(b)
remit the case to the convicting com1 for sentencing; or
(c)
make such order or give such directions as it deems fit.
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