1887

oa De Rebus - To shoot or not to shoot

Volume 1999, Issue 380
  • ISSN : 0250-0329

 

Abstract

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.

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/derebus/1999/380/AJA02500329_8625
1999-09-01
2016-12-09

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error