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Criminal Procedure Amendment Act, 1986

Act 33 of 1986

Criminal Procedure Amendment Act, 1986
Citation
Act 33 of 1986
Primary work
Criminal Procedure Act, 1977
Date
4 April 1986
Language
English
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History of this document

01 February 1989
Commenced by Criminal Procedure Amendment Act, 1986

Note: Commencement date of ss. 20 and 21. See section 26 (2) of this Act.

01 September 1987
Commenced by Criminal Procedure Amendment Act, 1986

Note: Commencement date of section 6. See section 26 (2) of this Act

04 April 1986 this version
Published in Government Gazette 10180
Commenced by Criminal Procedure Amendment Act, 1986

Note: Commencement date of whole Act, except ss. 6, 20 and 21. See s. 26(19) of this Act

25 March 1986
Assented to

Cited documents 0

Documents citing this one 15

Gazette
11
Judgment
4
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others [1998] ZACC 15 (9 October 1998)
Reported
Criminalisation of consensual private male sodomy breaches equality, dignity and privacy; related statutes invalidated.
Constitutional law — Equality (sexual orientation) — Criminalisation of consensual private male sodomy violates equality, dignity and privacy; s20A Sexual Offences Act and statutory listings invalid; limited retrospective relief and judicial discretion for statutory consequences.
Mathebula v S (CA15/2024) [2025] ZANWHC 185 (25 August 2025) (Appeal)
The appeal against conviction and life sentences for rape of minors was dismissed, affirming the trial court’s decisions in full.
Criminal law – Rape – Minors – Conviction based on credibility findings and corroborated medical evidence – Sentencing – Prescribed minimum sentence – Substantial and compelling circumstances – Appeal dismissed – Concurrent sentences in cases of life imprisonment.
S v Ncube and Another (CA&R 25/2024) [2025] ZANCHC 30 (5 May 2025)
Court holds section 304A review inappropriate, remands for sentencing, emphasizing sparing use to avoid piecemeal adjudication.
Criminal Procedure - special review under section 304A - pre-sentence referral for review due to magistrate's post-verdict doubts - scope and limitations of section 304A.
S v Ngcobo (R 1071/2009) [2009] ZAKZPHC 51 (23 October 2009)
Reported
Unsworn post‑conviction retraction insufficient for s304A review; magistrate must first take evidence or then refer.
Criminal procedure — conviction referred under section 304A after conviction but before sentence — whether unsworn post‑conviction retraction suffices to form opinion that proceedings 'are not in accordance with justice' — unsworn and untested statements insufficient; magistrate should take or cause evidence to be placed on record before referral; post‑conviction events may be relevant but must be tested.
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