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The sources of South African criminal procedure lie in the Constitution, the Criminal Procedure Act, 1977 (CPA), other statute law (for example, the Magistrates' Courts Act, 1944, the Supreme Court Act, 1959 and the Drugs and Drug Trafficking Act, 1992) and the common law. Criminal procedure overlaps with other branches of the law, like the law ...
The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system.It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal.
South African criminal law is the body of national law relating to crime in South Africa.In the definition of Van der Walt et al., a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted."
Pages in category "South African criminal law" ... Criminal Law (Forensic Procedures) Amendment Act, 2013; Criminal Law (Sexual Offences and Related Matters ...
The court invalidated section 49(2) of the Criminal Procedure Act, 1977, which provided that the killing of certain fugitive suspects constituted justifiable homicide. Writing on behalf of a unanimous court, Justice Johann Kriegler held that the Bill of Rights required that force should be used in arrests only where such force is reasonable and ...
South African police say they will continue to arrest any illegal miners who emerge from a disused gold mine where hundreds, possibly thousands, of people are in hiding. This follows a court order ...
One scholar has commented that “as a representative of the state, the NPA has a special role in our criminal justice system because it has the responsibility of enforcing criminal laws in South Africa by instituting criminal proceedings on behalf of the state.” [1] Although the head of the NPA, the National Director of Public Prosecutions ...
The rioting in South Africa has left over 70 people dead, the worst violence the nation has seen since before the end of apartheid. Why the arrest of former South African President Zuma sparked ...