South African common law is mainly the 17th and 18th century Roman-Dutch law that was transplanted to the Cape. This forms the basis of modern South African law and has binding authority. Examples of common law crimes include murder, robbery and rape, etc..
What is criminal procedure law in South Africa?
[44]Absent the doctrine of common purpose, the South African common law of criminal liability recognizes four separate and distinct elements or requirements, namely; (i) an act (actus reus); (ii) which is unlawful (unlawfulness); (iii) causing the crime (causation); and (iv) committed with the necessary intent or culpa .
Where can I study criminal law in SA?
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law..
From time immemorial reactions to crime and the criminal have been coloured by extremes of emotion. Criminals have been described as mons tel's or pictured as
Anti-Femicide
In 2018, the Department of Justice and Constitutional Development heeded to the UN call and commenced with the establishment of the very first Femicide Watch in the African continent. The Femicide Watch is the repository of all cases of femicide in a country and is established to assist in the following: (i) Capture and track down every femicide ca.
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Child Justice
The aim of the Child Justice Act, 2008 (Act 75 of 2008) is to set up a child justice system for children in confl ict with the law. This means that children under the age of 18, who are suspected to have committed crime, will not be dealt with in terms of the normal criminal procedure which is used for adults, but the child justice process will be .
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Domestic Violence
The Domestic Violence Act 116 of 1998 allows a victim of domestic abuse or violence to seek a Protection Order from the Magistrate’s Court against the person who is committing the abuse. Read more on Domestic Violence. Quick Info:. 1) Apply for a Domestic Violence protection order. 2) Request a further warrant of arrest of a Domestic Violence respond.
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Expungements
Information on expungement of a criminal record in terms of the Child Justice Act, 2008 (Act 75 of 2008) and expungement of a criminal record in terms of the Criminal Procedure Act, 1977 (Act 51 of 1997). Read more on expungements/ clearing of a criminal record. 1) Forms
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National Register For Sex Offenders
The cornerstone of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (SORMAA), is the National Register for Sex Offenders (NRSO). As part of curbing the prevalence of sexual offences in South Africa, the Department of Justice and Constitutional Development has, in terms of Chapter 6 of the Act, implemented the National Regi.
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Restorative Justice
Restorative Justiceis an approach to justice that aims to involve the parties to a dispute and others affected by the harm (victims, offenders, families concerned and community members) in collectively identifying harms, needs and obligations through accepting responsibilities, making restitution, and taking measures to prevent a recurrence of the .
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Sexual Offences
The Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 helps intensify South Africa’s efforts to fight sexual crimes against all persons and, especially, sexual offences being committed against vulnerable groups, including women, children and people who are mentally disabled. Read more on Sexual Offences.
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Trafficking in Persons
More often the crime of trafficking in persons involves amongst others domestic violence, the following but not limited to, may be identified on a victim: Poor physical and mental health condition, Language barriers if victim is international, Fear of health care workers, Fear to reveal the in depth situation when confronted by health care workers .
Criminal Law Amendment Act is a stock short title used for legislation in the United Kingdom, the Republic of Ireland, Canada, India, Pakistan and South Africa which amends the criminal law. It tends to be used for Acts that do not have a single cohesive subject matter.
Criminal law pdf south africa
The Criminal Procedure Act, 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.
