Legal Speak Made Easy – “Nolle prosequi”

nolle prosequi (Latin for “do not want to pursue”) is a formal certificate issued by the National Prosecuting Authority (NPA) when it decides not to pursue criminal charges against a person accused of a crime. This does not mean the accused is innocent, only that the state has chosen not to proceed. That’s usually due to the NPA’s assessment that there is no reasonable prospect of a successful prosecution. But it does open the door for the person laying the charges to consider instituting a private prosecution.

 

Legal Speak Made Easy: Trust Account

You will most often come across trust accounts in your dealings with attorneys and estate agents, who must use them to hold funds on behalf of clients and other third parties. The funds in a trust account must be kept in a registered South African bank and are subject to yearly audit. They do not belong to the professional and must by law be kept entirely separate from the professional’s own business or personal funds.

If you pay over money to an attorney or estate agent to be held on your behalf, check that their Fidelity Fund Certificate (FFC) is current and ensure that the money is paid into their trust account, not a business or personal account.

Bate Chubb & Dickson Inc. is one of the older law firms in the country and the impressive reputation that it has built over the years stems from its continued commitment to excellence.