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Conclusion
It has been observed that in the tort of malicious prosecution, the law seeks to maintain a balance between two opposing interests and philosophies; the public policy and need to encourage people and society to assist in the law enforcement process and the need to protect and safeguard persons from being harassed by malicious, wrongful and unjustifiable prosecution on the other hand. As a result of these observations, recommendations have been suggested in order to further maintain this balance.