Posts tagged as Criminal Procedure Act 51 of 1977

Should an unrepresented accused enter into plea and sentence agreements?

x Bookmark A plea is a statement by an accused person tendered in court in response to a charge instituted by the prosecuting authority. Section 105A of the Criminal Procedure […]

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Is the remission of jail sentences constitutionally unfair?

x Bookmark Apologies, if I come across as treading down the path of deliberative discourse, but one cannot ignore topical and emotive considerations. The first, evidenced by the epideictic rhetoric […]

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Justice postponed: What causes unreasonable delays in criminal trials?

x Bookmark South Africa (SA) has a widely admired Constitution with a Bill of Rights that embeds human dignity and sets out minutely detailed protections for those arrested on criminal […]

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Who takes the blame? Liability of the Minister of Police for unscrupulous conduct of his officials

x Bookmark The judgment of Mahlangu and Another v Minister of Police [2020] 2 All SA 656 (SCA) (see Merilyn Rowena Kader ‘Law Reports’ 2020 (Aug) DR 26) raises an […]

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Striking a balance in bail proceedings – how does a court determine bail in the interest of justice?

x Bookmark The ‘interest of justice’ principle would be meaningless and ineffective without the court carrying out its legislative duties of ensuring that a balance is struck in each and […]

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Legal questions brought by COVID-19

x Bookmark As South Africa moves to Level 3 of the COVID-19 Risk Adjusted Strategy, the country and indeed the legal profession has had to grapple with the new regulations […]

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Three principal ways COVID-19 will affect South African jurisprudence in bail proceedings

x Bookmark The current COVID-19 pandemic is having profound implications on the criminal justice system. Chief Justice Mogoeng Mogoeng issued directives in terms of s 8(3)(b) of the Superior Courts […]

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