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The sources of South African criminal procedure lie in the Constitution, the Criminal Procedure Act, 1977 (CPA), other statute law (for example, the Magistrates' Courts Act, 1944, the Supreme Court Act, 1959 and the Drugs and Drug Trafficking Act, 1992) and the common law. Criminal procedure overlaps with other branches of the law, like the law ...
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.
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."
Pages in category "South African criminal law" ... Criminal Law (Forensic Procedures) Amendment Act, 2013; Criminal Law (Sexual Offences and Related Matters ...
As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim ...
The High Court's order of constitutional invalidity was referred for confirmation to the Constitutional Court of South Africa, which heard argument on 15 November 2001. The Minister of Safety and Security and the National Commissioner of the South African Police Service both intervened , contending for the validity of the CPA provisions.
S v Thebus and Another is a 2003 decision of the Constitutional Court of South Africa in the area of criminal law and criminal procedure.The court unanimously affirmed that the doctrine of common purpose was compatible with the Constitution, upholding two murder convictions on that basis.
Criminal Procedure and Evidence Act (No. 31): Established that the Union's Criminal Justice system would be modelled on the criminal laws of the English system (accusatory in nature). Native Land Act 1913: The act aimed to regulate the acquisition of land, stating that natives were not allowed to purchase lands from whites, and vice versa. SAP ...