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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 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."
Criminal law, Liability, Defence of compulsion, Onus S v Mtewtwa [ 1 ] is an important case in South African criminal law, dealing with the defence of compulsion. The accused, in custody, was threatened by a warder with solitary confinement unless he committed a criminal act.
The Criminal Law Amendment Act, 1997 (Act No. 105 of 1997) is an act of the Parliament of South Africa which dealt with the consequences of the Constitutional Court's ruling in S v Makwanyane in which capital punishment was declared to be unconstitutional.
S v Singo [1] is an important case in South African criminal procedure, heard in the Constitutional Court on 12 March 2002, with judgment delivered on 12 June 2002. The presiding officers were Chaskalson CJ, Langa DCJ, Ackermann J, Goldstone J, Kriegler J, Madala J, Ngcobo J, O'Regan J, Sachs J, Du Plessis AJ and Skweyiya AJ.
Rex v Korsten [1] is an important case in South African criminal law, with its bearing on the defence of impossibility.It was heard in the Natal Provincial Division on February 7, 1927, by Dove-Wilson JP, Carter J and Matthews J.
This was found to subvert the fundamental premises of the ethos of human rights which now, after the negotiated settlement, permeated South Africa's processes of judicial interpretation and judicial discretion, including sentencing policy in punishment of criminal offences. A substantial term of imprisonment, for a murder committed out of ...
The South African Defence Review of 2012 was a policy review conducted by a panel of experts and chaired by retired politician and former Minister of Defence, Roelf Meyer. The review was commissioned by Lindiwe Sisulu the then Minister of Defence and Military Veterans, in July 2011. The review was motivated by the need to correct errors and ...