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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."
South Africa is divided into approximately 350 magisterial districts; each district is served by a district magistrate's court. In criminal cases, district courts have jurisdiction over all crimes except treason, murder and rape, and can impose a sentence of no more than three years imprisonment and a fine of no more than R120,000. [2]
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."
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.
The magistrates' courts are the lowest level of the court system in South Africa.They are the courts of first instance for most criminal cases except for the most serious crimes, and for civil cases where the value of the claim is below a fixed monetary limit.
Countries (in pink) which share the mixed South African legal system. South Africa 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 ...
Former South African President Jacob Zuma was disqualified Monday from standing in a national election next week because of a previous criminal conviction, a decision by the country's highest ...
The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013.