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Prosecutorial independence does not exempt the Prosecutor-General from statutory duty to issue nolle prosequi or from contempt sanctions.
Constitutional and criminal procedure law — Prosecutorial independence (s 260) is subject to the Constitution and statute — ss 13, 16 (Criminal Procedure and Evidence Act) and s 12(1)(d) (NPA Act) oblige issuance of certificates nolle prosequi where private prosecutor has substantial and peculiar interest — judicial review and court orders binding — contempt for non-compliance — abuse of process; costs and suspended imprisonment
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