In south africa, just as in most countries of the world, the criminal justice. Crw2601 study notes general principles of criminal law. Criminal law and criminal procedure act amendment act 39 of 1989. Criminal law being a practical subject has to be taught in a practical way without ignoring the principles on which it is based.
Cape town c r snyman criminal law 2014, 6th ed, lexis nexis. Amended by law of evidence and the criminal procedure act amendment act 103 of 1987. Steytler, nc constitutional criminal procedure 1998. 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. Criminal law is important for hiv and aids for a number of reasons. 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. 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. Act to amend the criminal procedure act, 1977, so as to provide for the taking of. 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.
Before a person can be convicted the principle of legality must be proved, i. 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. Criminal law in south africa criminal law in south africa. The criminal law is a set of rules and procedures that the state sets down to regulate our behaviour. 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. South africa does not appear to have a sentencing institution in place. 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. Words in bold type in square brackets indicate omissions from existing enactments.
The south african criminal laws response to the crimes of. African law, such as the law of procedure and commercial law. Crime control is the idea that a criminal justice system will prevent crime. M e olivier, international human rights agreements in south african law. South african law of criminal procedure and evidence 1999 lld thesis stellenbosch.
The constitutionality of detaining persons unfit to stand. It is often illuminating to know why a particular provision has been made. 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. Criminal procedure act 51 of 1977 afrikaans text signed by the state president.
Criminal procedure act 51 of 1977 south african government. Criminal law forensic procedures amendment act 37 of 20. 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. Amended by legal aid south africa act 39 of 2014 from 1 mar 2015. Section 781 of the criminal procedure act stipulates that in order. Amended by judicial matters amendment act 42 of 20 from 22 jan 2014. In the high court of south africa southern african legal. The state cannot punish people just because somebody has claimed that they are criminals. One of the chapters ch 2 even provides for a broad outline of the south african criminal procedure system. Mar 16, 2016 joubert, 2001, criminal procedure handbook.
To amend the criminal procedure act, 1977, so as to provide for the taking of. The fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. 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. The high crime levels place an immense burden on the south african criminal justice system and every single role player in it. Jurisdiction has four main meanings in the context of criminal procedure. Skeen, a a bill of rights and the presumption of innocence 1993 9 sajhr 525. 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. Our statute law is always changing as new crimes are created and as old. The criminal law allows the state to punish us or to threaten to punish us for not obeying these rules and procedures. The sources of south african criminal law are to be found in the common law, in case law and in legislation. We merely draw your attention to the following four works. 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. Stuart, d charter justice in canadian criminal law 2 ed 1996 15.
Criminal law forensic procedures amendment act,20 wetno37van20. In the high court of south africa southern african. The south african criminal legal system is based on personal liability, where an individual can be held responsible for his or her own conduct. Chaired by professor dirk van zyl smith, this committee the smith committee was mandated to continue the research. This article is a general information sheet and should not be used or relied on as legal or other professional advice. It provides notes and important cases on criminal law. Straf, strafproses en bewysreg law catalogue and price list. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. The prevention of corruption act 6 of 1959 changed the above legal position by creating a separate. Jonathan burchell is a professor of criminal law and the head of the department of criminal justice at the university of cape town. Juta south african criminal law and procedure volume i. A constitutional revolution in south african criminal. Criminal procedure in south africa refers to the adjudication process of that countrys criminal law. Words underlined with a solid line indicate insertions in existing enactments.
South african criminal law is the body of national law relating to crime in south africa. Schedule 5 sections 58 and 60 11 and 11a and schedule 6. The criminal law forensic procedures amendment bill 2 of. Criminal procedure act justice project south africa. Since 1993, statutes and common law precedents must now also be tested against the constitution and the. S 73, 77, 143, 309 amended by criminal law forensic procedures amendment act 37 of 20 from 31 jan 2015. Regional courts can hear any type of criminal matter. Law of criminal procedure pretrial at university of south africa. Criminal law in south africa is based on common law, case law, and legislation. The national prosecuting authority of south africa, 2008, understanding the criminal justice system. A constitutional dilemma v basdeo 1 introduction the practice of criminal asset forfeiture does raise a serious impasse between public interest and constitutional rights. The first was an amendment in 1995 to section 60 of the criminal procedure act 51 of 1977 cpa. 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. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied.
Past examination papers the south african school of. In early 2001, the south african law commission salcrecommended that a person who has. Amended by criminal law forensic procedures amendment act 37 of 20 from 31 jan 2015. Steps of the criminal procedure madeleyn attorneys. Durban in addition to the readings, students are required to read the relevant cases and legislation as indicated in the course outline. 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. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. Du toit et al commentary on the criminal procedure act 1997 juta, cape town revised under service issue 28 up to february 2002 3. 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. A constitutional dilemma v basdeo summary the deprivation of the proceeds of crime has been a feature of criminal law for many years. It forms part of procedural or adjectival law, and describes the. The leading, established series published by juta and entitled south african criminal law and procedure first appeared in 1970. Criminal procedure module 1 a lawblog for south african. University of south africa a lawblog for south african.
Civil procedure sibergramme 7 of 2007 31 october 2007 1516. General principles of criminal law crw2601 academic year. Hoffmann, lh and zeffertt, dt the south african law of evidence 1988 4th ed butterworths, burban 4. The threat of punishment is also used to prevent behaviour that society does not want to happen. The original rationale for the confiscation of criminal assets at international. In order to do so the research will examine the efficacy of the prevention and. Kemp ed et al criminal law in south africa 2015 oxford university press. Study notes to help prepare for the examination for criminal law general principles.
Criminal law, procedure and evidence regsterminologie. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. In south africa, any person charged with a crime has the right to. Criminal law in south africa, second edition, is fully updated to reflect recent legal developments and issues. 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. S 153, 154, 335 amended by cp amendment act 26 of 1987. Basic guide to civil procedure in the magistrates courts, a.
S 15, 57, 59, 7172, 111, 195, 254, 290291, 296, 300, 302, 309, 316, 341, sch 1. Supreme court of appeal in recent years on criminal law, procedure. The application of the bill of rights to criminal procedure. Our criminal law comes from common law and from statute law. Essentially individuals are in the general sense responsible for their own conduct and in the event of wrongful conduct they may be held liable. This article is a general information sheet and should not be used or. Our criminal procedure is codified in the criminal procedure act 51 of 1977. Pdf the impact of the constitution on the south african. 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. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. Criminal procedure in south africa refers to the adjudication process of that country s criminal law.
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