What this involves
In the narrow set of cases where the NPA has certified that it declines to prosecute, section 7 of the Criminal Procedure Act allows a private prosecution in your own name. We will tell you plainly, after reviewing your matter, whether that route is realistically open to you.
A watching brief means our Attorney sits in on the state's proceedings on your behalf, keeps you informed of developments the NPA may not proactively communicate, and can make representations to the prosecutor on charge decisions, plea agreements, or sentencing where victim impact is relevant.
A private prosecution under section 7 requires a nolle prosequi certificate from the Director of Public Prosecutions confirming the state declines to prosecute, plus security for costs lodged with the court — it is a real but narrow and procedurally demanding route, and we assess honestly whether the evidence and certificate requirements are realistically met before recommending it.
We also assist with Criminal Injuries Compensation and victim impact statements at sentencing, which can shape the outcome even where you are not driving the prosecution yourself.
How long does it take?
Obtaining a nolle prosequi certificate from the NPA alone can take several months. A private prosecution that proceeds then runs on a timeline similar to an ordinary criminal trial.
What will it cost?
R6 000 to R15 000 excl. VAT
Covers: Initial assessment and a watching brief at the early stage of the case.
Based on 4 to 10 hours of Attorney time at our rate of R1 500 per hour, excluding VAT.
This is an estimate, not a quote. The final fee depends on the facts and how complex your matter turns out to be, and your Attorney confirms it in writing before work starts. Court fees, sheriff’s fees, counsel and other disbursements are charged separately.
Ask for a firm quoteThis page is general information, not legal advice for your situation. See our Disclaimer.