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South Africa > Criminal and penal law

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Country: South Africa - Subject: Criminal and penal law

  1. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Amendment Act, 2017 (Act No. 4 of 2017). - Legislation on-line

    Adoption: 2017-06-27 | ZAF-2017-L-108811

    To amend the Criminal Procedure Act, 1977, so as to provide the courts with a wider range of options in respect of orders to be issued in cases of findings that accused persons are not capable of understanding criminal proceedings so as to make a proper defence; or that accused persons are by reason of mental illness or intellectual disability or for any other reason not criminally responsible for the offences they are charged with; to clarify the composition of the panels provided for in section 79 to conduct enquiries into the mental condition of accused persons; and to provide for matters connected therewith.

  2. South Africa - Criminal and penal law - Law, Act

    Criminal Matters Amendment Act, 2015 [Act No. 18 of 2015]. - Legislation on-line

    Adoption: 2015-12-15 | Date of entry into force: 2016-06-01 | ZAF-2015-L-104334

    To amend the Criminal Procedure Act, 1977, so as to regulate bail in respect of essential infrastructure-related offences; to amend the Criminal Law Amendment Act, 1997, so as to regulate the imposition of discretionary minimum sentences for essential infrastructure-related offences; to create a new offence relating to essential infrastructure; to amend the Prevention of Organised Crime Act, 1998, so as to insert a new offence in Schedule 1 to the Act; and to provide for matters connected therewith.

  3. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Amendment Act, [No. 8 of 2013] - Legislation on-line

    Adoption: 2013-07-22 | ZAF-2013-L-93712

    Amends the Act with respect to applications for condonation, leave to appeal and further evidence.

  4. South Africa - Criminal and penal law - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    National Policy Framework on the Management of Sexual Offences Management, 2012. - Legislation on-line

    Adoption: 2012-06 | ZAF-2012-M-93983

    Chapter 1 - Background
    Chapter 2 - The Framework
    Chapter 3 - Five-Year Inter-Departmental Plan for the Management of Sexual Offences 2012-2016.

  5. South Africa - Criminal and penal law - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    National Policy Framework for Child Justice, 2010. - Legislation on-line

    Adoption: 2010-05 | ZAF-2010-M-93984

    The National Policy Framework contains the overarching framework for co-ordinated implementation of the Act concerned and will be supported by the directives, instructions, guidelines and circulars of the relevant Government Departments concerned.

  6. South Africa - Criminal and penal law - Law, Act

    Judicial Matters Amendment Act, 2003 (Act No. 16 of 2003). - Act on-line

    Adoption: 2003-07-04 | Date of entry into force: 2003-07-09 | Date of gradual entry into force: 2004-06-18 | ZAF-2003-L-72765

    Empowers the Minister to determine policy regarding the appointment of liquidators and similar functionairies in insolvency-related matters. It also creates the poistion of the Chief Master of the High Courts.

  7. South Africa - Criminal and penal law - Law, Act

    Implementation of the Rome Statute of the International Criminal Court Act, 2002 (No. 27 of 2002). - Act on-line

    Adoption: 2002-07-18 | ZAF-2002-L-62620

    Establishes a framework to ensure effective implementation of the Rome Statute of the International Criminal Court in South Africa. Provides for crime of genocide, crimes against humanity and war crimes. Also makes provisision for the prosecution in South African courts of persons accused of having committed such crimes.

  8. South Africa - Criminal and penal law - Law, Act

    Judicial Matters Amendment Act, 2001 (No. 42 of 2001).

    Adoption: 2001-12-07 | ZAF-2001-L-61005

    Makes miscellaneous amendments to the following acts: Administration Amendment Act 1926, Insolvency Act 1936, Extradition Act 1962, South African Law Commission Act 1973, Criminal Procedure Act 1977, Rules of Courts of Law Act 1985, Sheriffs Act 1986, General Law Third Amendment Act 1993, General Law Fourth Amendment Act 1993, General Law Sixth Amendment Act 1993, Hague Convention on the Civil Aspects of International Abduction Act 1996, Criminal Law Amendment Act 1997, National Prosecuting Authority Act 1998, Maintenance Act 1998, Recognition of Customary Marriages Act 1998, Promotion of Access to Information Act 2000, Promotion of Administrative Justice Act 2000, and Cross-Border Insolvency Act 2000.

  9. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Second Amendment Act, 2001 (Act 62 of 2001). - Act on-line

    Adoption: 2001-12-07 | Date of entry into force: 2001-12-14 | ZAF-2001-L-72774

    This Act, which emanates from a report of the South African Law Reform Commission (as part of its investigation into the simplification of the criminal procedure), aims to amend the Criminal Procedure Act, 1977 (Act 51 of 1977), to allow a prosecutor and an accused person to enter into a plea and sentence agreement.

  10. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Amendment Act, 2001 (Act 17 of 2001). - Act on-line

    Adoption: 2001-07-13 | Date of entry into force: 2001-07-20 | ZAF-2001-L-72772

    Amends section 170A of the Criminal Procedure Act, 1977 (Act 51 of 1977), so as to further regulate the presentation of evidence through an intermediary.

  11. South Africa - Criminal and penal law - Law, Act

    Judicial Matters Amendment Act, 2000 (Act 62 of 2000). - Act on-line

    Adoption: 2000-12-05 | Date of entry into force: 2001-03-23 | Date of gradual entry into force: 2002-06-07 | ZAF-2000-L-58771

    This Act amends various Acts in order to, among others, further regulate the hearing of bail proceedings and the granting of bail; to provide for the recovery of costs by law clinics; to further regulate the powers of the Rules Board for Courts of Law; to further regulate the imposition of minimum sentences for certain serious offences; and to further regulate the committal of an accused for the imposition of sentence by a High Court after conviction in a regional court.

  12. South Africa - Criminal and penal law - Law, Act

    Judicial Matters Amendment Act 1999 (No. 26 of 1999).

    Adoption: 1999-04-28 | ZAF-1999-L-53157

    Amends the Justices of the Peace and Commissioners of Oaths Act, 1963 so as to further regulate the appointment of justices of the peace and commissioners of oaths, and to make similar amendments to the Small Claims Courts Act, 1984.

  13. South Africa - Criminal and penal law - Law, Act

    Witness Protection Act, 1998 [No. 112 of 1998]. - Legislation on-line

    Adoption: 1998-11-27 | ZAF-1998-L-93824

    To provide for the establishment of an Office for the protection of witnesses; to regulate the powers, functions and duties of the Director: Office for Witness Protection; to provide for temporary protection pending placement under protection; to provide for the placement of witnesses and related persons under protection; to provide for services related to the protection of witnesses and related persons; to amend the Criminal Procedure Act, 1977, so as to make provision for witness services at courts; and to provide for incidental matters.

  14. South Africa - Criminal and penal law - Law, Act

    Correctional Services Act, 1998 (No. 111 of 1998). - Act on-line

    Adoption: 1998-11-19 | ZAF-1998-L-51666

    Comprehensive legislation to provide for a correctional system. Sets forth requirements governing discipline, security, and treatment of sentenced and unsentenced prisoners. S. 40 allows for prison labour performed in order to foster habits of industry; prisoners shall not be compelled to work as a measure of discipline or punishment. Establishes a National Council for Correctional Services, a Judicial Inspectorate, Independent Prison Visitors, and an internal service evaluation.

  15. South Africa - Criminal and penal law - Law, Act

    Public Protector Amendment Act, 1998 (No. 113).

    Adoption: 1998-11-19 | ZAF-1998-L-51667

    Amends the provisions of the Public Protector Act, 1994 with regard to the powers and competencies of the Public Protector to investigate maladministration and corruption in government.

  16. South Africa - Criminal and penal law - Law, Act

    Criminal Matters Amendment Act, 1998 (Act 68 of 1998). - Act on-line

    Adoption: 1998-09-28 | Date of entry into force: 2002-02-28 | ZAF-1998-L-72776

    This Act amended the Criminal Procedure Act, 1977 and the Mental Health Act, 1973, so as to deal with the declaration and detention of persons as State patients in terms of the Criminal Procedure Act, 1977, and the release of such persons in terms of the Mental Health Act, 1973, including the onus of proof regarding the mental condition of an accused or convicted person.

  17. South Africa - Criminal and penal law - Law, Act

    Judicial Matters Amendment Act, 1998 (Act 34 of 1998). - Act on-line

    Adoption: 1998-07-03 | ZAF-1998-L-72775

    This Act, among others, amends the Criminal Procedure Act, 1977, so as to provide that an accused may in certain circumstances be sentenced by a judge other than the judge who convicted him or her; the Criminal Law Second Amendment Act, 1992, in order to prohibit certain military acts and paramilitary or similar operations; the Interception and Monitoring Prohibition Act, 1992, to make provision in connection with the issue and execution of directions; the Recognition of Foreign Legal Qualifications and Practice Act, 1993, to make provision in connection with the duration of the Act. This Act also effected textual improvements to the Promotion of National Unity and Reconciliation Act, the Justice Laws Rationalisation Act,1996, the Proceeds of Crime Act, 1996, the Criminal Procedure Second Amendment Act, 1997, and to amend the Criminal Law Amendment Act, 1997, so as to further regulate the setting aside of sentences of death.

  18. South Africa - Criminal and penal law - Law, Act

    Prevention of Organised Crime Act, 1998 [No. 121 of 1998]. - Legislation on-line

    Adoption: 1998 | ZAF-1998-L-93822

  19. South Africa - Criminal and penal law - Law, Act

    Correctional Services Amendment Act, 1997 (No. 102 of 1997).

    Adoption: 1997-11-27 | ZAF-1997-L-49549

    Amends the principal Act so as to provide for the establishment of a Judicial Inspectorate and the appointment of an Inspecting Judge and Independent Prison Visitors. Inserts a new section 20A which allows private companies to enter into a contract to run a prison. A private contractor shall comply with international standards regarding the treatment of prisoners, and such a contractor shall be declared an essential service under s. 70 of the Labour Relations Act.

  20. South Africa - Criminal and penal law - Law, Act

    Criminal Law Amendment Act, 1997 (No. 105 of 1997).

    Adoption: 1997-11-27 | ZAF-1997-L-49552

    Amends, inter alia, the Defence Act (No. 44 of 1957), the Correctional Services Act (No. 8 of 1959), and the Criminal Procedure Act (No. 52 of 1977) to abolish the death penalty.

  21. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Amendment Act, 1997 (No. 76 of 1997).

    Adoption: 1997-11-26 | ZAF-1997-L-49063

    Amends the Criminal Procedure Act 1977 to regulate appeals against decisions of lower courts, and to regulate legal representation in respect of appeals.

  22. South Africa - Criminal and penal law - Law, Act

    Parole and Correctional Supervision Amendment Act, 1997 (No. 87 of 1997).

    Adoption: 1997-11-26 | ZAF-1997-L-49066

    Amends the Correctional Services Act, 1959 to provide anew for the establishment of parole boards and to regulate the placement of inmates under correctional supervision, parole, and day parole. Also amends the Criminal Procedure Act, 1977 to further regulate correctional supervision.

  23. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Second Amendment Act, 1997 (No. 85 of 1997).

    Adoption: 1997-11-26 | ZAF-1997-L-49068

    Amends provisions of the Criminal Procedure Act 1997 with respect to bail proceedings.

  24. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Second Amendment Act, 1996 (Act 85 of 1996). - Act on-line

    Adoption: 1996-11-29 | ZAF-1996-L-72783

    This Act emanates from the South African Law Reform Commission's report on the Application of the Trapping System. The report deals with the application of the trapping system in South Africa that is whether there is justification and a need for the use of such a system as a method of investigation, whether there is sufficient control over its use and how it fits in with a human rights dispensation.

  25. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Amendment Act, 1996 (Act 86 of 1996). - Act on-line

    Adoption: 1996-11-20 | ZAF-1996-L-72785

    This Act emanates from an investigation by the South African Law Reform Commission into the simplification of the South African criminal procedure. In its investigation, which was primarily aimed at the elimination of delays in the finalisation of criminal trials, the Commission focussed mainly on the reasons for such delays, abuses of the criminal process, specific provisions of the Criminal Procedure Act, 1977, which cause delays, cumbrous procedures which cause delays and problems surrounding the administration of the process. The Act envisages addressing these and other problem areas which were identified by the Commission.

  26. South Africa - Criminal and penal law - Law, Act

    Correctional Services Amendment Act, 1996 (No. 803 of 1996).

    Adoption: 1996-04-10 | ZAF-1996-L-44389

    Amends Correctional Services Act, 1959 to make provision for certain extraordinary interim measures in respect of the detention of young persons accused of having committed specified serious offences.

  27. South Africa - Criminal and penal law - Law, Act

    Judicial Matters Amendment Act, 1995 (Act 85 of 1995). - Act on-line

    Adoption: 1995-10-04 | Date of entry into force: 1995-12-01 | ZAF-1995-L-72789

    The Amendment Act provides for the inclusion of all magistrates, including magistrates in the former territories, under the jurisdiction of the Magistrates Act, 1993 (Act 90 of 1993).

  28. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Second Amendment Act, 1995 (No. 75 of 1995).

    Adoption: 1995-09-21 | ZAF-1995-L-42601

    Amends the Criminal Procedure Act 1977 so as to make provisions for arrested persons to be released on bail in certain circumstances and to empower the court or the attorney-general to appeal decisions in this matter.

  29. South Africa - Criminal and penal law - Law, Act

    General Law Sixth Amendment Act, 1993 (No. 204 of 1993)

    Adoption: 1994-01-14 | ZAF-1994-L-36204

    Amends, inter alia, the Criminal Procedure Act, 1977 in relation to the taking of evidence by a judge, regional magistrate or magistrate and the Technikons Act, 1993 by providing for the grant of vacation leave and the resignation of civil servants for the purposes of an election in the terms of the Electoral Act, 1993.

  30. South Africa - Criminal and penal law - Law, Act

    Further Indemnity Act, 1992 (No. 3118 of 1992)

    Adoption: 1992-11-09 | ZAF-1992-L-32347

    Provides for the release of certain prisoners serving life or other imprisonment and for the granting of indemnity.

  31. South Africa - Criminal and penal law - Regulation, Decree, Ordinance

    Rules made under Regulation 3(9) of the Regulations published by Proclamation R. 109 of 12 June 1986. Government Notice No. 1196.

    Adoption: 1986-06-12 | ZAF-1986-R-2516

    Rules governing persons detained under the Public Safety Act 1953 (in particular, s. 18 regarding performance of labour).

  32. South Africa - Criminal and penal law - Law, Act

    Criminal Procedure Act [Act No. 51 of 1977]. - Act on-line

    Adoption: 1977-04-21 | Date of entry into force: 1977-07-22 | ZAF-1977-L-85628

    Makes provision for procedures and related matters in criminal proceedings.

  33. South Africa - Criminal and penal law - Law, Act

    Correctional Services Act (No. 8 of 1959) [as amended to Act No. 80 of 1992].

    Adoption: 1959-03-20 | Date of entry into force: 1959-09-01 | ZAF-1959-L-49121


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