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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.
S v Acheson [1] is an important case in Namibian and South African law, especially in the area of criminal procedure. It was heard in the Namibia High Court from 18 to 20 April 1990, by Mahomed AJ, who handed down judgment on 23 April 1990. T.
The Criminal Procedure Act, 1977 lists four methods of securing the attendance of an accused person in court. [4] These bear an important relationship to the constitutional rights of freedom and security of the person, [5] of freedom of movement and residence, [6] of access to the courts [7] and of "arrested, detained and accused persons."
The Criminal Procedure Act, 1955 (No 56) The Criminal Procedure Amendment Act, 1958 (No 9) The Criminal Procedure Amendment Act, 1963 (No 92) The Criminal Procedure Amendment Act, 1965 (No 96) The Criminal Procedure Amendment Act, 1968 (No 9) The Criminal Procedure Act, 1977 (No 51) The Criminal Procedure Matters Amendment Act, 1978
Nel v Le Roux NO and Others is a 1996 decision of the Constitutional Court of South Africa in the area of criminal procedure.The Constitutional Court dismissed a constitutional challenge to section 205 of the Criminal Procedure Act 51 of 1977, which allowed judicial officers to compel witnesses to provide evidence in pre-trial examinations.
The court's ruling invalidated section 277(1)(a) of the Criminal Procedure Act 51 of 1977, which had provided for use of the death penalty, along with any similar provisions in any other law in force in South Africa.
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 ...
Namibia has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin).