Section 123:
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
123. Where costs to be borne by State
Where a private prosecution results in the conviction of the accused, the
Magistrate may certify in writing upon the record that in his opinion the
prosecution has been of material benefit to the public, and thereupon the
fees of Court already paid by the private prosecutor shall be refunded to him,
and such person shall not be liable for the costs of witnesses whom, in the
opinion of the Magistrate, it was proper to summon in connection with such
case, and such costs, after due taxation, shall be paid by the State.
[S. 123 amended by Act 48 of 1991.]
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Questions this section answers
- If my private prosecution benefits the public and results in a conviction, can my court fees be refunded by the State?