Amended by law of evidence and the criminal procedure act amendment act 103 of 1987. The high crime levels place an immense burden on the south african criminal justice system and every single role player in it. S 15, 57, 59, 7172, 111, 195, 254, 290291, 296, 300, 302, 309, 316, 341, sch 1. Law of criminal procedure pretrial at university of south africa. Durban in addition to the readings, students are required to read the relevant cases and legislation as indicated in the course outline. Criminal law which is to be distinguished from its civil counterpart forms part of the public law of south africa, as well as of the substantive law as opposed to the procedural. Criminal law forensic procedures amendment act,20 wetno37van20. Constitution of the republic of south africa 1996 e du toit et al commentary on the criminal procedure act juta publishers, 2015, chp5 criminal procedure act 51 of 1977 mental health care act 17 of 2002. The writer envisages researching, investigating, critically analysing and evaluating the south african criminal laws response in combatting the scourge of fraud and corruption within local government. Criminal law in south africa criminal law in south africa. Our statute law is always changing as new crimes are created and as old. South africa does not appear to have a sentencing institution in place.
Juta south african criminal law and procedure volume i. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. The criminal law is a set of rules and procedures that the state sets down to regulate our behaviour. Amended by legal aid south africa act 39 of 2014 from 1 mar 2015. Kemp ed et al criminal law in south africa 2015 oxford university press. Criminal law is important for hiv and aids for a number of reasons. In order to do so the research will examine the efficacy of the prevention and.
A constitutional dilemma v basdeo 1 introduction the practice of criminal asset forfeiture does raise a serious impasse between public interest and constitutional rights. We merely draw your attention to the following four works. Criminal procedure act justice project south africa. Criminal law being a practical subject has to be taught in a practical way without ignoring the principles on which it is based. Our criminal procedure is codified in the criminal procedure act 51 of 1977. It is often illuminating to know why a particular provision has been made. A practical guide court and case flow management in the south african lower court division vii t c mabas o c hief magistrate, durban chairperson of the judicial lower court management subcommittee on court and case flow management, south africa the initial court and case flow management guidelines published in 2006 was a. S 153, 154, 335 amended by cp amendment act 26 of 1987. The south african criminal legal system is based on personal liability, where an individual can be held responsible for his or her own conduct. Criminal procedure in south africa refers to the adjudication process of that countrys criminal law. This article is a general information sheet and should not be used or relied on as legal or other professional advice. Study notes to help prepare for the examination for criminal law general principles. Essentially individuals are in the general sense responsible for their own conduct and in the event of wrongful conduct they may be held liable.
It forms part of procedural or adjectival law, and describes the. Straf, strafproses en bewysreg law catalogue and price list. The threat of punishment is also used to prevent behaviour that society does not want to happen. In south africa, just as in most countries of the world, the criminal justice. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. African law, such as the law of procedure and commercial law. Chaired by professor dirk van zyl smith, this committee the smith committee was mandated to continue the research. S 73, 77, 143, 309 amended by criminal law forensic procedures amendment act 37 of 20 from 31 jan 2015. In the high court of south africa southern african. Hoffmann, lh and zeffertt, dt the south african law of evidence 1988 4th ed butterworths, burban 4. Jurisdiction has four main meanings in the context of criminal procedure. Criminal procedure in south africa refers to the adjudication process of that country s criminal law.
Regional courts can hear any type of criminal matter. Modern south african criminal procedure law is essentially statutory, 3 but courts are referred to the english common law as it stood on 30 may 1961 the day before south africa became a republic to fill in any gaps in statutory coverage. Before a person can be convicted the principle of legality must be proved, i. Cape town c r snyman criminal law 2014, 6th ed, lexis nexis. Pdf the impact of the constitution on the south african. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers. When a legal problem is not covered by statute law, you can look at the common law for an answer. This article is a general information sheet and should not be used or. The fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. Stuart, d charter justice in canadian criminal law 2 ed 1996 15. Since 1993, statutes and common law precedents must now also be tested against the constitution and the. Words underlined with a solid line indicate insertions in existing enactments. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied. Survey of the content of the criminal procedure act, child justice act and constitution of the republic of south africa criminal procedure legislative guide centre for legal terminology in african languages legal terminology.
The state cannot punish people just because somebody has claimed that they are criminals. Joinder in haroun v garlick 2007 2 all sa 627 c moosa j held, with reference to uniform rule 10, that the joinder of parties depends not only upon the nature of the subject matter but also upon the manner in which and the extent to which the court order sought may. Criminal procedure act 51 of 1977 south african government. The south african criminal laws response to the crimes of. Act to amend the criminal procedure act, 1977, so as to provide for the taking of. Steytler, nc constitutional criminal procedure 1998. M e olivier, international human rights agreements in south african law. Skeen, a a bill of rights and the presumption of innocence 1993 9 sajhr 525. Schedule 5 sections 58 and 60 11 and 11a and schedule 6. In south africa, any person charged with a crime has the right to. The criminal law forensic procedures amendment bill 2 of. Supreme court of appeal in recent years on criminal law, procedure. In the preface the reason for this is adeptly explained, namely that the long chapter in its predecessor ch 2 on the evolution of the south african criminal law has been omitted.
Words in bold type in square brackets indicate omissions from existing enactments. The sources of south african criminal law are to be found in the common law, in case law and in legislation. To amend the criminal procedure act, 1977, so as to provide for the taking of. South african criminal law is the body of national law relating to crime in south africa. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. The law applicable in south africa today with regards to the insanity defence is contained in the provisions of the criminal procedure act 51 of 1977, which replaced the mnaghten rules and irresistible impulse test that appeared in south african law nearly a century before. Steps of the criminal procedure madeleyn attorneys. It provides notes and important cases on criminal law. Amended by criminal law forensic procedures amendment act 37 of 20 from 31 jan 2015. Rape or compelled rape as contemplated in section 3 or 4 of the criminal law sexual offences and related matters amendment act, 2007, respectively, in circumstances other than those referred to in schedule 6. Section 781 of the criminal procedure act stipulates that in order.
In the high court of south africa southern african legal. Mar 16, 2016 joubert, 2001, criminal procedure handbook. Past examination papers the south african school of. Civil procedure sibergramme 7 of 2007 31 october 2007 1516. University of south africa a lawblog for south african. South african law of criminal procedure and evidence 1999 lld thesis stellenbosch. The common law basis of the duty of a judicial officer in certain circumstances to recuse himself was fully examined in the cases of s v radebe 1973 1 sa 796 a and south african motor acceptance corporation edms bpk v oberholzer 1974 4 sa 808 t. Amended by judicial matters amendment act 42 of 20 from 22 jan 2014. Crime control is the idea that a criminal justice system will prevent crime. General principles of criminal law crw2601 academic year.
Du toit et al commentary on the criminal procedure act 1997 juta, cape town revised under service issue 28 up to february 2002 3. Jonathan burchell is a professor of criminal law and the head of the department of criminal justice at the university of cape town. He is the author of the law of defamation in south africa, personality rights and freedom of expression, principles of delict, and south african criminal law and procedure. A constitutional revolution in south african criminal. The application of the bill of rights to criminal procedure. Criminal procedure act 51 of 1977 afrikaans text signed by the state president. The constitutionality of detaining persons unfit to stand. General principles of criminal law contains a substantially revised text and commentary on the general principles of the south african criminal law, including an audit of the first 16 years of constitutional court jurisprudence in this. Crw2601 study notes general principles of criminal law. In early 2001, the south african law commission salcrecommended that a person who has.
The national prosecuting authority of south africa, 2008, understanding the criminal justice system. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Criminal law, procedure and evidence regsterminologie. The first was an amendment in 1995 to section 60 of the criminal procedure act 51 of 1977 cpa. Criminal law and criminal procedure act amendment act 39 of 1989 judicial matters amendment act 77 of 1989 criminal law amendment act 107 of 1990. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978 criminal procedure amendment act 56 of 1979 criminal procedure amendment act 64 of 1982 appeals amendment act 105 of 1982 criminal law amendment act 59 of 1983. Our criminal law comes from common law and from statute law. Criminal procedure module 1 a lawblog for south african. It introduces several new offences, such as the criminal provisions of the companies act 71 of 2008, and treatybased crimes such as terrorism, torture, and human trafficking. Criminal law and criminal procedure act amendment act 39 of 1989. The original rationale for the confiscation of criminal assets at international. Criminal law in south africa is based on common law, case law, and legislation.
A constitutional dilemma v basdeo summary the deprivation of the proceeds of crime has been a feature of criminal law for many years. The prevention of corruption act 6 of 1959 changed the above legal position by creating a separate. Access study documents, get answers to your study questions, and connect with real tutors for law cmp 2601. The leading, established series published by juta and entitled south african criminal law and procedure first appeared in 1970. Basic guide to civil procedure in the magistrates courts, a. Criminal law forensic procedures amendment act 37 of 20. Criminal law in south africa, second edition, is fully updated to reflect recent legal developments and issues.
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