Broadly speaking, it defines as criminal such human conduct as threatens, harms or endangers the safety and welfare of people. South african criminal law is the body of national law relating to crime in south africa. Principle of legality is not an element of the crime. Africa,3 as well as of the substantive law as opposed to the procedural. Professional llm in criminal law and procedure postgraduate. South africa is a nonmember country of the oecd but has adopted this convention. Republic of south africa criminal law sexual offences and related matters amendment act amendment bill as introduced in the national assembly proposed section 75. The common law in south africa definition of common law. South african criminal law provides the regime with a veil of legality hiding the use of penal sanctions as partisan devices of domination and repression.
Critical criminal law african legal information institute. Peter onyango dip, ba, ba, lic, phd published by lawafrica publishing u ltd office suite no. The south african criminal law reports juta law reports editors the south african criminal law reports in print is a monthly report of criminal law and procedure cases emanating from the superior courts in south africa. He stated that the key objective of the justice system in the new democratic south africa is expressed in three word s. South african law requires that before a class action may be instituted the potential plaintiffs must obtain permission, from a court, resulting in certification. Acts of a person incapable of judgment by reason of intoxication caused against his or her will. Introduction the criminal law has been used as part of national responses to hiv in several african countries. Whereas the south african common law and statutory law do not deal adequately, effectively and in a nondiscriminatory manner with many aspects relating to or associated with the commission of sexual offences, and a uniform and coordinated approach to the implementation of and service delivery in terms of the laws relating to. The indirect use of the criminal law to respond to hiv in africa 20 6. Criminal procedure in south africa refers to the adjudication process of that countrys criminal law. The african commission, in resolution 169, called on all states to repeal criminal defamation laws or insult laws which impede freedom of speech, and to adhere to the provisions of freedom of expression, articulated in the african charter, the declaration. The fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. The text introduces critical discussion relating to the debate on the decolonisation of law, and engages with multicultural sources, perspectives and influences that shape south african criminal law.
However, statutes such as the sexual offences act of 2007 are often based on the english model and may have more in common with english common law countries than south african common law. The criminal law amendment act 105 of 1997 intends. Statutory presumptions and reverse onus clauses in the criminal law. The south african transition brought about a restructuring of the criminal justice system, the abolition of a number of laws and the promulgation of new ones. South african law shannon hoctor 1 introduction deliberate firesetting has always been regarded as conduct of a particularly heinous nature, due to the fires great potential for causing damage to life and property. Pdf the impact of the constitution on the south african. I am honoured to submit to you in terms of section 71 of the south african law commission act, 1973 act 19 of 1973, for your consideration the commissions report on the application of the bill of rights to criminal procedure, criminal law, the law of evidence and sentencing. General principles of criminal law crw2601 unisa studocu. Intoxication as a multiple defence in south african criminal law. This is followed by an indepth discussion and evaluation of the statutory crime created by section 1 1 of the criminal law amendment act 1 of 1988. All the south african law reports are in one area, arranged by year chronologically jutastat. Save as otherwise in this act or in any other untbdictton law specially provided, the court, whenever it.
Eric pelser is a senior researcher in the crime and justice programme at the institute for security studies. According to this rule, voluntary intoxication would be a valid. Some countries use the criminal law directly by targeting the behaviour of people. It examines the defences to murder under south african criminal law and explores the obstacles in the path of womens access to the traditional defences to murder when they kill their abusers, particularly in nonconfrontational situations. South african criminal law is widely defined to include dolus eventualis constructive intention. In order to do so the research will examine the efficacy of the prevention and. South african law of criminal procedure and evidence 1999 lld thesis stellenbosch. This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what. South african criminal law whether in its legislative, commonlaw or. The state cannot punish people just because somebody has claimed that they are criminals. Durban in addition to the readings, students are required to read the relevant cases and legislation as indicated in the course outline. The application of the bill of rights to criminal procedure, criminal. A brief analysis of south african law relating to intoxication as a defence prior to 1988 is given.
Status unim act kr 4290 crim available criminal law in south africa, the second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in southern africa. Infographics of the criminal process for an adult accused and child offender 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. He remains affiliated to wits law school as a visiting associate professor of law. Act committed pursuant to the judgment or order of the. The writer envisages researching, investigating, critically analysing and evaluating the south african criminal law s response in combatting the scourge of fraud and corruption within local government. Criminalisation of hiv transmission or exposure in africa 16 5. Consequently, the purpose of the manual is to provide all involved in the criminal justice system with the necessary information about court and case flow management cfm so that they can design and implement cfm plans for. Law society of south africa and others v president of the republic of south africa and others 2019 3 sa 30 cc 174 notas langauge and other legal skills hofsaak 2 court case prescribed. From virtual reality to constitutional resource 1998 aj 117. According to singh and gopal 2010 and hesselink 20, south african criminology still battles to find its identity. Criminal law forensic procedures amendment act 37 of 20. Criminal law and criminal procedure act amendment act 39 of 1989. Skeen, a a bill of rights and the presumption of innocence 1993 9 sajhr 525. South african criminal law has paralleled this trend with the emergence of the controversial nonpathological criminal incapacity defence.
South africa became a party to the convention in 2007. Cases are selected for their importance to the practitioner in criminal law. Criminal law in sou th africa, third edition, is fully updated to reflect recent developments in south african and international criminal law. The degree is registered with the south african qualifications authority as a professional masters degree. Some crimes like rape and sexual abuse can make a person more vulnerable to hiv. She is an advocate of the high court of south africa. The recognition of affective functions causing lack of criminal capacity in south african law has brought persons such as the battered women within the scope of the defence and has avoided the problems relating to gender discrimination, therefore it is submitted that this was a positive and forwardthinking development in south african law. Questions are often asked about whether a person can be criminally charged for harmful hivrelated behaviour in other words. See george p fletcher the grammar of criminal law american, comparative, and. A cause to unravel the role of criminologists in compiling. Criminal law amendment act 105 of 1997 south african government. Criminal law amendment act 105 of 1997 south african.
Criminal law in south africa kemp pdf request save in my lists export copies location call no. Dolus eventualis exists when an accused foresees that hisher. It also sets out the punishment to be imposed on persons who engage in such conduct, provided they have criminal capacity and act unlawfully and with a guilty mind. The public health impact of the use of the criminal law in responding to hiv and aids in africa 24 7. Kemp ed et al criminal law in south africa 2015 oxford university press. Prior to the appellate division judgment handed down in the chretien case south african law relating to the defence of intoxication followed the english specific intent rule.
Cape town c r snyman criminal law 2014, 6th ed, lexis nexis. Steytler, nc constitutional criminal procedure 1998. As the concept of dolus eventualis is an indispensable concept in south african criminal law, recommendations are proposed on the application and interpretation of dolus eventualis suitable to the south african landscape, which includes possible law reform. The criminal law of south africa ebook pdf download and. Get free the criminal law of south africa textbook and unlimited access to our library by created an account. Criminal law is important for hiv and aids for a number of reasons. November 2020 6 south african law reports pp 1 324 this column discusses judgments as and when they are published in the south african law reports, the all south.
Regional human rights norms on the use of the criminal law to respond to hiv 9 4. Section 49 of the south african criminal procedure act 51 of 1977, provides police. When the pioneers sent out by the dutch east india company came to the cape in 1652, they brought with them the laws in force in the province of holland. Jul 01, 2014 the fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. Criminal law amendment act 59 of 1983 criminal procedure matters amendment act 109 of 1984.
South african criminal law and battered women who kill. Criminal law amendment act south african government. The south african criminal law s response to the crimes of. Section 2 1, so much of section 3 as is unrepealed, and sections 4, 6 and 7. The sources of south african criminal law are to be found in the common law, in case law and in legislation. The application of the bill of rights to criminal procedure. In south africa, sentencing is considered the primary prerogative of trial courts. His phd thesis is about to be published by juta and co, sa. Download and read online the criminal law of south africa ebooks in pdf, epub, tuebl mobi, kindle book. Lssa law society of south africa meyer s v meyer 2017 jdr 1728 gj model law, 1996 united nations commission on international trade law model law on electronic commerce of 1996 modise director of public prosecution v modise 2012 1 sacr 553 gsj mthimkulu s v mthimkulu 1975 4 sa 759 a. 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. The convention establishes a monitoring mechanism to ensure that obligations under the convention are carried. Our criminal procedure is codified in the criminal procedure act 51 of 1977. Critical analysis of the civil law tradition in south african property law 1995 sajhr 169.
It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied. Africa, namibia, and zimbabwe the common law refers to south african common law that is primarily romandutch not english. Critical criminal law james grant southern african legal. Before a person can be convicted the principle of legality must be proved, i. Criminal liability, public policy, and the principle of. The following section is hereby substituted for section ninetytwo of the magistrates courts act, 1944.
Any person guilty of a homosexual act is punished with a term of imprisonment of between. The basis of south african criminal law is the romandutch law. The universal jurisdiction of south african criminal courts and immunities of foreign state officials e kayitana the extent of immunity under international law is important for the international legal order, and for the maintenance of good relations between states. While much of the form of common law criminal procedure is retained, the substance has been compromised. Intoxication as a multiple defence in south african.
Grant is also the proud author of two of the chapters in the leading text on criminal procedure in south africa. Criminal procedure act justice project south africa. Grant extracts and collate s the principles that can sometimes be complex, in a way that allows for a clear understanding of the current law. A as well as s 1 of the criminal law amendment act 1 of 1988 the act will be briefly discussed. Criminal law forensic procedures amendment act 6 of 2010 criminal procedure amendment act 9 of 2012 criminal procedure amendment act 8 of 20 prevention and combating of torture of persons act of 20 judicial matters amendment act 42 of 20 criminal law forensic procedures amendment act 37 of 20 legal aid south africa act 39 of 2014. South african criminal law reports sacr burrells patent law reports bp burrells intellectual property law reports bip industrial court digest icd industrial law reports ilj labour court digest lcd labour law digest lld lexisnexis all south africa law reports all sa south african law reports current balr constitutional law reports bclr. Oxford university press criminal law in south africa 3e. Furthermore, crime in general, and corruption in particular, are specific threats to south africa s constitutional democracy and necessitate further specialisation in the field of criminal law and procedure. Criminal law in south africa is based on common law, case law, and legislation. Stuart, d charter justice in canadian criminal law 2 ed 1996 15.
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