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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.
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
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 ...
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.
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 Constitution of South Africa lays down that the South African Police Service has a responsibility to prevent, combat and investigate crime, maintain public order, protect and secure the inhabitants of the Republic and their property, uphold and enforce the law, create a safe and secure environment for all people in South Africa, prevent ...
In 1913, the South African Police (SAP) was created by Proclamation 18 to function as the national police force and law enforcement agency in South Africa. [8] SAP was an amalgamation of the four police forces of the colonies (Cape, Natal, Orange River, Transvaal). [ 9 ]
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law. There is no all-embracing statute governing the South African law of aspects: Various statutes govern various aspects of it, but the common law is the main source. The Constitution also features prominently.