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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.
R v Victor, an appeal against a conviction by a magistrate, is an important case in South African criminal law, especially as it bears on the defence of automatism.The driver of a motor vehicle was prone to epileptic seizures, and knew as much, but nevertheless put himself behind the wheel of a motor car.
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 ...
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's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007; also referred to as the Sexual Offences Act) is an act of the Parliament of South Africa that reformed and codified the law relating to sex offences.
The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case Minister of Home Affairs and Another v Fourie and Another, a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex ...