Was applicant entitled to make representations in terms of the relevant law?
• The crisp issue for determination is whether the applicant was entitled to make representations to the NDPP before the decision was taken to prosecute him. • Section 179(5)(d) of the Constitution of the Republic of South Africa, Act no 108 of 1996 provides as follows: ‘[The National Director Public Prosecutions] may review a decision to prosecute or not to prosecute, after consulting the relevant Director of Public Prosecutions and after taking representations within a period specified by the National Director Public Prosecutions, from the following: (i) The accused person. (ii) The complainant. (iii) Any other person or party whom the National Director considers to be relevant.’ • The NDPP contends that these provisions do not apply to the decision to prosecute the appellant in this matter. It is common cause that the applicant was not afforded an opportunity to make representations. • The obligation to hear representations forms part of the audi alteram partem principle. What is re
