James grants critical criminal law african legal information institute. Criminal law in south africa, second edition, is fully updated to reflect recent legal developments and issues. South africas international criminal court act countering genocide, war crimes and crimes against humanity written by max du plessis iss paper 172. Before a person can be convicted the principle of legality must be proved, i. To attribute criminal responsibility and find a person guilty of any criminal or property offence, we need to establish.
Law reports are, of course, well known in english law, and their format in that system has been largely adopted in south africa as it has in other legal systems influenced by. The boundaries and designations used on this map do not imply. Criminal procedure module 1 a lawblog for south african. The practice of law reporting in english law dates from at least the thirteenth century, 7. In effect, correctional services must cater for those whose passage through the criminal justice system is blocked at the point where crime is investigated and processed through the courts. Benin from 2002 to 2011, icitap provided training and technical assistance in criminal case management and investigations. Legal theory is presented in light of the influence of the bill of rights, comparative perspectives, and. Criminal law, procedure and evidence regsterminologie. Statute, south africas parliament drafted the implementation of the rome statute of the international criminal court act 27 of 2002 icc act, which became law on 16 august 2002. The south african constitution of 1996 is a document that consists of 14 chapters. This law comes from romandutch law and english law, brought to south africa by the dutch and english settlers.
Interactive crime map crime and economic statistics by year and category on a. Our covid19 community guidelines tips, advice and news related to trading on gumtree during the covid19 crisis. Access study documents, get answers to your study questions, and connect with real tutors for llb crw2601. Oxford university press criminal law in south africa 2e. Constitutional law and civil rights in south africa golegal.
B a system of criminal law modern criminal law is composed of three component parts. In a construction context this is important as there are different rights created by what is known as the law of property. In 1960 the white government held a referendum to decide whether south africa would become a republic. Next to actually going to jail, incurring a criminal record is one of the most serious things that can happen to anyone. Criminal law archives justice project south africa. Africa amount applied approach assault attack attempt authorities aware burchell causation cause charged circumstances commission. Cluster and outlier analysis of home robbery in north west, saps 201220. Legal theory is presented in light of the bill of rights. For information on south africas response to covid19 please visit the covid19 corona virus south african resource portal. Questions are often asked about whether a person can be criminally charged for harmful hivrelated behaviour in other words. It introduces several new offences, such as the criminal provisions of the companies act 71 of 2008, and treatybased crimes such as terrorism, torture, and human trafficking. Common law is the primary source for south african criminal law, but as a result of modern needs statutory offences have been introduced by means of legislation. The mens rea of the offence mental state of the defendant a mental state prohibited by the criminal law 3.
Mogale city local municipality v south african local government bargaining council and others august 16, 2012. Criminal law in south africa, second edition, offers a clear, comprehensive and practical explanation of the principles of criminal law in south africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. South african criminal law is widely defined to include dolus eventualis. Hot spot analysis of incidents of assault in western cape, saps 2014 15. Eric pelser is a senior researcher in the crime and justice programme at the institute for security studies.
Pdf this paper presents a few examples of tactical crime mapping and. Issued by justice project south africa npc in the interests of public awareness authored by howard dembovsky. A distinct legal basis for prosecuting international crimes in africa derives from the obligation incurred by the au under its constitutive act au act and other treaties to prosecute crimes prescribed in those treaties. Psm 8 basic principles of property law in sa 6 of 50 1. As a general rule, south africa follows english law in both criminal and civil procedure, company law, constitutional law and the law of evidence. Pdf some examples of tactical crime mapping in south africa. Criminal law amendment act 105 of 1997 south african. The south african council for the quantity surveying profession established in terms of the quantity surveying profession act 2000 act 49 of 2000 professional skills module no. Jonathan burchell is a professor of criminal law and the head of the department of criminal justice at the university of cape town. Criminal law is important for hiv and aids for a number of reasons. Criminal procedure in south africa refers to the adjudication process of that countrys criminal law. Reading any act is on its own rather dry and uninteresting. The constitution forms the basis of a democratic nation and the legal foundation for the existence of the republic of south africa.
S 36, 212, 225, schedule 8 amended by judicial matters amendment act 42 of 20 from 22 jan 2014. Criminal liability, public policy, and the principle of. Crime statistics series volume iii statistics south africa. This legislation is affected by amending provisions that have not yet come into operation or taken effect. The general principles of criminal law, the elements of specific common law crimes and statutory offences are all covered in the text. Straf, strafproses en bewysreg law catalogue and price list. It provides notes and important cases on criminal law.
Criminal law books in south africa gumtree classifieds in. Some crimes like rape and sexual abuse can make a person more vulnerable to hiv. Pdf tactical crime mapping in south africa researchgate. In criminal law, the state prosecutes charges a person for performing an illegal act. B the establishment of international criminal prosecution in africa is a legal obligation.
He is the author of the law of defamation in south africa, personality rights and freedom of expression, principles of delict, and south african criminal law and procedure. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences. This text will show that, to a very large extent, south. When a legal problem is not covered by statute law, you can look at the common law for an answer. This gave rights to the white minority but took away the right to vote of the majority of south africans. Instrument the type of instrument used when the criminal act was. The south african legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a postapartheid south africa. South africas criminal justice budget was subject to plunder by corrupt police officials at. Understand criminal law in 18 minutes part i youtube. A distinct legal basis for prosecuting international crimes in africa derives from the obligation incurred by the au under its constitutive act au act and other treaties. South africans who use social media platforms will soon have to be much more careful and think twice before posting on social media. Amended by criminal law forensic procedures amendment act 37 of 20 from 31 jan 2015.
News, case law and analyses which examine constitutional law, civil rights and human rights. Substantial and urgent changes to the criminal justice system could have been made with the billions lost to the state capture project. Broadly speaking a criminal case is one where the accused is charged by the state in respect of a crime and civil law is the law as it is applied to different people and legal entities. In each instance, the goal will be to immerse students as much as possible, through field excursions to such places as court, jail and. The majority of criminal cases terminate when a criminal defendant accepts a plea bargain offered by the prosecution. Only amendments that have commenced are incorporated. Dr curlewis is the president of the law society of the northern provinces, a member of its criminal law committee and, vicechairperson of the criminal law committee of the law society of south africa. Develop new technologies to fight crime and improve criminal justice. A practical guide court and case flow management in the south african lower court division vii t c mabas o c hief magistrate, durban chairperson of the judicial lower court management subcommittee on court and case flow management, south africa the initial court and case flow management guidelines published in 2006 was a. Sa citizen residing in a foreign country and joins the enemy army during war. Criminal procedure act 51 of 1977 south african government. The bill of rights, section 2 of the south african.
Introduction the law of property in its widest sense deals with all assets that could form part of a persons estate. African criminal law maps onto most ordinary intuitions about what is fair and just. Criminal law books in south africa gumtree classifieds. 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. South africa s criminal justice budget was subject to plunder by corrupt police officials at least during the period from 1997 to 2017. 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 actus reus of the offence non mens rea element engage in conduct forbidden by the criminal law 2. Amended by criminal law sentencing amendment act 38 of 2007 from 31 dec 2007. The first week of the course will take place in seattle, and will focus on the u. Criminal law rests upon a linguistic way of thinking these factors construct a kind of normative skeleton able to define and classify crimes and apply and give meaning to general legal principles via a particular fact situation. Chapters examine the impact of the constitution on the principles and practices of criminal justice, a. In south africa, just as in most countries of the world, the criminal justice. South africa s 000 inmates are still awaiting trail. On 31 may 1961 south africa was declared a republic. View gumtree free online classified ads for criminal law books and more in south africa. Amended by legal aid south africa act 39 of 2014 from 1 mar 2015. The next three weeks will take place in south africa.
Criminal law amendment act 105 of 1997 south african government. Users may apply or process this data, provided statistics south africa stats sa is acknowledged. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied. South africa, the southernmost country on the african continent, renowned for its.
To prosecute a person, the state must show that there is a law that a person has broken. South africas 000 inmates are still awaiting trail. Archived pdf from the original on 15 september 2016. South africa is one of four african countries in which icitap provided training and technical assistanceunder the womens justice and empowerment initiativeto combat genderbased violence. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. Criminal law in south africa criminal law in south africa. A statute law, eg the sexual offences act, or a common law, eg theft, murder, rape.
This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what. Criminal law in south africa is based on common law, case law, and legislation. This text will show that, to a very large extent, south african criminal law maps onto most ordinary intuitions about what is fair and just. Critical criminal law james grant southern african legal. Stages of a criminal case criminal prosecution develops in a series of stages, beginning with an arrest and ending at a point before, during or after trial. The fourth edition of this monumental work, principles of criminal law is distinguishable from the previous edition in length, content and also appearance. Many of the general principles of our law come from the common law, eg the criminal law that says that murder and robbery. Important advisory regarding summonses issued under the criminal procedure act. View gumtree free online classified ads for criminal law textbook and more in south africa. Discuss when a court in south africa will be able to have jurisdiction over an offence that was committed outside of south africa 5. Department of public law university of cape town private bag x3 rondebosch 7701.
The high crime levels place an immense burden on the south african criminal justice system and every single role player in it. South african criminal law is the body of national law relating to crime in south africa. This study abroad course will compare criminal justice institutions and practices in the united states and south africa. Our courts will only exercise jurisdiction over offences committed in sa exceptions. It sets out the rights and duties of the citizens and the government. The first constitution for the union of south africa was adopted in 1910. Oct 22, 2018 south africa is one of four african countries in which icitap provided training and technical assistanceunder the womens justice and empowerment initiativeto combat genderbased violence. South africa has a notably high rate of murders, assaults, rapes and other violent crimes. The influence of the bill of rights read with comparative perspectives and international law on each subject, supports the legal theory referred to.
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