Section 49 of the Criminal Procedure Act 51 of 1977 (the Act), may in the South African context be traced back to s 1 of Ordinance 2 of 1837 (Cape), s 44 of the Criminal Procedure and Evidence Act 31 of 1917 and the subsequent s 37 of the Criminal Procedure Act 56 of 1955 (see Milton Gedenkbundel HL Swanepoel (1976) 140 and Matlou v Makhubedu 1978 (1) SA 946 (A) 953-956). Predictions that the development of our law in this regard has not yet reached its full conclusion were proved correct with the signing and publication of the Judicial Matters Second Amendment Act 122 of 1998 (published in GG 19590/11-12-1998). The Amendment Act - whose date of inception must still be set and proclaimed by the President - holds promises to alter the law in this field irrevocably. In this article a brief look will be taken at the existing position, the reasons for the further development as envisaged in the Amendment Act and its possible consequences.
There have recently been various far-reaching amendments to the Criminal Procedure Act 51 of 1977 which make it more difficult and sometimes even almost impossible for an arrested person to be granted bail (see s 60 as amended by the Criminal Procedure Second Amendment Act 85 of 1997). * For instance, an arrested person is no longer entitled to bring a bail application before a court of law outside ordinary court hours. A court may now postpone a bail application for a period not exceeding seven days at a time. An accused person is now no longer entitled to have access to the police docket for the purposes of bringing a bail application.
Die Krugel-kommissie se verslag is op 24 Junie 1996 aan die Prokureursorde van Transvaal oorhandig (1996 DR 478). Volgens inligting wat aan die kommissie voorgelê is, het die prokureursprofessie soos volg gegroei (par 7.1.2 op 59): 'In die laaste helfte van die vorige dekade het die getalle prokureurs verdriedubbel. Verdere groei van nagenoeg een derde in die getalle mense en firmas binne die laaste vyf jaar, het meegebring dat vyfdubbele groei oor die tien jaar tot 1995 plaasgevind het' (my kursivering).
The starting point of any third-party claim is the lodgement of the Form 1 claim form with the Road Accident Fund (the RAF). This constitutes notice to the RAF that a claimant is claiming compensation for personal injuries sustained by himself or another in a motor vehicle collision. The giving of this notice is a statutory requirement in terms of the Road Accident Fund Act 56 of 1996 (the Act). The procedure is set out in s 24. The basic requirement is that the claimant has to complete the claim form, which includes the medical report.
The Companies Amendment Act 37 of 1999 (the Amendment Act), which came into effect on 30 June 1999, makes a number of changes to well-established procedures of South African company law in terms of the Companies Act 61 of 1973 (the Act). Certain of these changes relate to the traditional rules governing the maintenance of capital of a company, which are largely abolished by the Amendment Act, and the introduction of sections permitting, under certain circumstances, the purchase by a company of its own shares.