Fathers 4 Justice South Africa (F4J SA) remains firmly committed to the protection of all children and parents from any form of violence, abuse, or neglect. We unequivocally condemn, denounce, and disassociate ourselves from all acts of domestic violence, child abuse, human-based violence, or any conduct that endangers the physical, emotional, or psychological well-being of another, regardless of gender or circumstance.
We have consistently addressed these matters in good faith across multiple public platforms and legal submissions. Our stance on violence and abuse is clear and unwavering: such behaviour is unacceptable and has no place in a lawful and just society.
However, we are increasingly compelled to address a deeply concerning phenomenon: the widespread misuse of false allegations, made by mothers, with the direct or indirect encouragement of legal advisers, acquaintances, or social networks. These false claims are, in many cases, intentionally fabricated with the express purpose of severing the father’s relationship with his child, despite the absence of any factual or evidential basis.
This tactic represents a grave injustice not only to the father concerned but also to the child, whose best interests are prejudiced by the unwarranted removal of a capable, loving parent. The presumption of guilt and the abuse of protective legal mechanisms without merit undermines both the rule of law and the integrity of legitimate cases of abuse.
Accordingly, fathers are urged to take proactive and lawful steps to protect themselves, their parental rights, and the well-being of their children. This includes documenting all interactions, seeking legal advice promptly, and engaging with accredited professionals in matters involving contact, care, and guardianship.
Fathers 4 Justice South Africa remains committed to equal parenting, the protection of children’s rights, and the eradication of all forms of injustice within the family law system.
From False Allegations to Legal Remedy: Seeking a Nolle Prosequi
Where an individual has been falsely accused and criminally charged based on allegations that are demonstrably without merit, it constitutes a serious miscarriage of justice. In many instances within the South African legal system, such false allegations are strategically made—often during high-conflict family disputes—with the intention of undermining the accused’s parental role or damaging their reputation. These actions, when unsupported by credible evidence, place an unjust burden on the accused and waste valuable judicial resources. In such circumstances, and in accordance with the provisions of the National Prosecuting Authority Act 32 of 1998, the appropriate remedy is to apply for a nolle prosequi. This legal instrument enables the accused to formally request that the Director of Public Prosecutions decline to pursue the matter further, on the grounds that continued prosecution is not in the interests of justice. The process is set out below.
What Is Nolle Prosequi?
The Latin term nolle prosequi translates to “to be unwilling to prosecute.” In South African law, it refers to the formal decision by the National Prosecuting Authority (NPA) to discontinue or abandon criminal proceedings against an accused person, either temporarily or permanently.
This decision effectively withdraws the charges, thereby ending the prosecution unless it is reinstated at a later stage. A nolle prosequi does not equate to an acquittal; the charges may still be brought again unless a formal discharge or acquittal has been granted.
Where Is Nolle Prosequi Issued?
In South Africa, a nolle prosequi is typically issued:
- By the National Director of Public Prosecutions (NDPP) or a delegated senior prosecutor;
- At the Magistrate’s Court, Regional Court, or High Court where the criminal matter is being heard;
- Upon filing a formal notice with the Clerk of the Court and informing the presiding magistrate or judge accordingly.
It is recorded in court proceedings and reflected on the charge sheet.
When and Why Is Nolle Prosequi Used?
A nolle prosequi may be entered for several reasons, including:
- Insufficient evidence to sustain a prosecution;
- The unavailability or unwillingness of key witnesses;
- Considerations of public interest or justice;
- A negotiated settlement in cases of minor offences;
- When further investigation is required before re-enrolling the matter.
How Do You Apply for a Nolle Prosequi in South African Law?
An application or request for a nolle prosequi may be initiated in the following ways:
- By the Prosecutor
The prosecutor may unilaterally decide to enter a nolle prosequi, subject to authorisation by a senior authority within the NPA. - By the Accused or Legal Representative
The defence may submit a formal written representation to the Director of Public Prosecutions (DPP) or the Senior Public Prosecutor requesting that the charges be withdrawn. The application should include:- Full details of the accused and the charges;
- Reasons for requesting the withdrawal;
- Supporting documentation or evidence;
- Legal arguments, where applicable.
- By Private Complainants (in exceptional cases)
Where a private prosecution has been initiated, the Minister of Justice and Constitutional Development or the NDPP may intervene and issue a nolle prosequi, if deemed necessary in the interests of justice.
Legal Effect of a Nolle Prosequi
- Does not constitute an acquittal; charges may be reinstated unless the accused is formally discharged.
- The accused is no longer required to appear in court unless the matter is re-enrolled.
- The State retains discretionary power to prosecute again on the same facts, provided it complies with constitutional protections (e.g. no double jeopardy if the matter has been adjudicated).
Legal Notice and Disclaimer
This template and article are provided for general informational purposes only and do not constitute legal advice. By using this material, you do so entirely at your own discretion and risk. You are strongly advised to seek formal legal assistance from a qualified attorney for your specific circumstances. By proceeding, you acknowledge that neither Fathers 4 Justice South Africa, its Chairman, its members, nor its contractors, shall bear any liability—direct or indirect—for any loss, claim, or consequence arising from your use of this content. If you do not accept these terms, you are required to IMMEDIATELY cease and desist from using this template and article with immediate effect
Template: Application for Entry of Nolle Prosequi
[Your Full Name]
[Your ID Number]
[Your Physical Address]
[Your Email Address]
[Your Contact Number]
Date: [Insert Date]
To:
The Director of Public Prosecutions /
The Senior Public Prosecutor
[Insert Office Name or Jurisdiction]
[Insert Physical Address]
Re: Application for Entry of Nolle Prosequi
Case Number: [Insert Court Case Number]
Court: [Insert Name of Court – e.g. Johannesburg Magistrate’s Court]
Charge(s): [Insert charge(s), e.g. Assault, Fraud, etc.]
Accused Person: [Your Full Name]
Dear Sir/Madam,
I hereby submit this formal application for the consideration and entry of a nolle prosequi in the above-mentioned matter in terms of the relevant provisions of the Criminal Procedure Act 51 of 1977 and in accordance with the constitutional mandate of the National Prosecuting Authority (NPA) to act in the interests of justice.
1. Background of the Matter
- The accused was charged on [insert date] under case number [insert number].
- The matter arises from an incident which occurred on [insert date and brief context].
- The matter is currently pending before [insert name of court].
2. Grounds for Requesting a Nolle Prosequi
The following reasons are submitted in support of this request:
- Insufficiency of Evidence: [e.g. Key witness statements have not been obtained, or the available evidence is unreliable or contradictory.]
- Unreasonable Delay or Prejudice: [e.g. The matter has been pending for an unreasonably long time with no clear resolution.]
- Interests of Justice and Proportionality: [e.g. The offence is minor and not in the public interest to prosecute.]
- Rehabilitation or Personal Circumstances: [e.g. The accused has shown genuine remorse, attended counselling, or the alleged conduct was a one-off incident.]
- No Prior Convictions / First Offender: [If applicable.]
(Attach supporting documents, such as affidavits, statements, or expert reports, if available.)
3. Legal Representation
I am represented by [insert name of attorney/law firm], or
I am submitting this request in my personal capacity without legal representation.
4. Request
In view of the above, I respectfully request that your office exercise its prosecutorial discretion and enter a nolle prosequi in this matter, thereby withdrawing the charges against me in the interests of justice.
I am willing to make further submissions or appear for an interview should you require additional information to assess this request.
5. Contact Details for Further Communication
- Telephone: [Insert phone number]
- Email: [Insert email address]
- Postal/Residential Address: [Insert full address]
Yours faithfully,
[Your Full Name]
Signature: ___________________
Date: [Insert Date]
Attachments:
- [e.g. Copy of charge sheet]
- [e.g. Supporting affidavit or statement]
- [e.g. Medical, psychological or employment reports]
Your Rights (Summary)
As an accused person in South Africa:
You have the right to access all evidence and to challenge the prosecution’s case in a fair trial.
You are presumed innocent until proven guilty.
You have the right to legal representation (private or Legal Aid).
You may make formal written submissions to the DPP at any stage prior to trial.
A nolle prosequi may be requested, but it remains at the discretion of the prosecution to grant it.
You may approach the court for a permanent stay of prosecution if your rights have been severely infringed (e.g. unreasonable delays).
Conclusion
In South African criminal procedure, a nolle prosequi is a discretionary tool used by the prosecuting authority to withdraw charges, generally due to evidential or procedural concerns. While it relieves the accused of immediate prosecution, it does not permanently bar future prosecution unless formally discharged by the court. Applications for nolle prosequi should be carefully drafted and addressed to the appropriate prosecutorial authority for consideration.
Educate yourself – Manual For a detailed mediation and parenting plan does and don’t and must-haves
Fathers 4 Justice South Africa has compiled a comprehensive and practical guide for use during mediation, specifically focused on developing a Parenting and Maintenance Plan. This booklet is the product of over 22 years of direct experience, offering clarity on what is required, what can reasonably be expected, and what must be included in any legally compliant and child-focused plan.
The booklet serves as a step-by-step guide on:
- The mediation process
- Key expectations during mediation
- Non-negotiable elements of a Parenting and Maintenance Plan following South African law
The cost of the booklet is R 590.
Banking Details:
- Bank: Capitec
- Account Type: Savings
- Account Number: 2116843673
- Reference: F4J [Your Full Name]
Please include proof of payment in your response to this email.
Send your proof of payment to info@f4j.co.za.
To obtain a copy, kindly email Fathers 4 Justice South Africa at info@f4j.co.za
Please include your full name, surname, and email address in the body of the email ALONG WITH AN ATTACHED COPY OF THE PAYMENT PROOF.
Kindly use the subject line: “Parenting Plan and Mediation Booklet”.
This resource is essential for any parent navigating the mediation process and wishing to protect their legal rights and responsibilities.
As a RESPONSIBLE Parent mediation is the mature adult thing to do!
Contact Us: Fathers 4 Justice South Africa
For guidance, support, or legal assistance, contact us:
Chairman
The Official Fathers 4 Justice South Africa
WhatsApp: 066 331 8972
Email: info@f4j.co.za
Website: https://www.f4j.co.za/home
LinkedIn: Fathers 4 Justice SA LinkedIn
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