Contents: Obligations of Parliament and its separate bodies

Criminal Matters Amendment Act 68 of 1998

7 Savings

(1) Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 22 of 1969), and to the extent that the Legal Aid Guide, existing at the commencement of this Act, does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in section 3 (a) of this Act, the Legal Aid Board shall be competent to draft directives, in consultation with the Minister, in terms of which legal aid or legal representation is rendered or made available for purposes of section 3 (a) of this Act.
(2) (a) The directives referred to in subsection (1) must be published in the Gazette.
(b) Before the directives are published in the Gazette, they must be submitted to Parliament and tabled as soon as possible.

Criminal Procedure Act 51 of 1977

63A Release or amendment of bail conditions of accused on account of prison conditions

(1) If a Head of Prison contemplated in the Correctional Services Act, 1998 (Act 111 of 1998), is satisfied that the prison population of a particular prison is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of an accused-
(a) who is charged with an offence falling within the category of offences-
(i) for which a police official may grant bail in terms of section 59; or
(ii) referred to in Schedule 7;
(b) who has been granted bail by any lower court in respect of that offence, but is unable to pay the amount of bail concerned; and
(c) who is not also in detention in respect of any other offence falling outside the category of offences referred to in paragraph (a),
that Head of Prison may apply to the said court for the-
(aa) release of the accused on warning in lieu of bail; or
(bb) amendment of the bail conditions imposed by that court on the accused.
(2) (a) An application contemplated in subsection (1) must be lodged in writing with the clerk of the court, and must-
(i) contain an affidavit or affirmation by the Head of Prison to the effect that he or she is satisfied that the prison population of the prison concerned is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of the accused concerned; and
(ii) contain a written certificate by the Director of Public Prosecutions concerned, or a prosecutor authorised thereto by him or her in writing, to the effect that the prosecuting authority does not oppose the application.
(b) The accused and his or her legal representative, if any, must be notified of an application referred to in subsection (1).
(c) The clerk of the court must, without delay, cause the application to be placed before any magistrate or regional magistrate, as the case may be, who may consider the application in chambers.
(d) The application may be considered in the presence of the accused if the magistrate or regional magistrate deems it necessary.
(4) (a) The National Director of Public Prosecutions may, in consultation with the Commissioner of Correctional Services, issue directives regarding-
(i) the establishment of monitoring and consultative mechanisms for bringing an application contemplated in subsection (1); and
(ii) the procedure to be followed by a Head of Prison and a Director of Public Prosecutions whenever it appears that it is necessary to bring an application contemplated in subsection (1).
(b) Any directives issued in terms of paragraph (a) must be submitted to Parliament before they take effect.
105A Plea and sentence agreements
(11) (a) The National Director of Public Prosecutions, in consultation with the Minister, shall issue directives regarding all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this section and any directive so issued shall be observed in the application of this section.
(b) The directives contemplated in paragraph (a) -
(i) must prescribe the procedures to be followed in the application of this section relating to-
(aa) any offence referred to in the Schedule to the Criminal Law Amendment Act, 1997, or any other offence for which a minimum penalty is prescribed in the law creating the offence;
(bb) any offence in respect of which a court has the power or is required to conduct a specific enquiry, whether before or after convicting or sentencing the accused; and
(cc) any offence in respect of which a court has the power or is required to make a specific order upon conviction of the accused;
(ii) may prescribe the procedures to be followed in the application of this section relating to any other offence in respect of which the National Director of Public Prosecutions deems it necessary or expedient to prescribe specific procedures;
(iii) must ensure that adequate disciplinary steps shall be taken against a prosecutor who fails to comply with any directive; and
(iv) must ensure that comprehensive records and statistics relating to the implementation and application of this section are kept by the prosecuting authority. (a)…
(c) The National Director of Public Prosecutions shall submit directives issued under this subsection to Parliament before those directives take effect, and the first directives so issued, must be submitted to Parliament within four months of the commencement of this section.
(12) The National Director of Public Prosecutions shall at least once every year submit the records and statistics referred to in subsection (11) (b) (iv) to Parliament.
191A Witness services
(2) The Minister may make regulations relating to-
(a) the assistance of, and support to, witnesses at courts;
(b) the establishment of reception centres for witnesses at courts;
(c) the counselling of witnesses; and
(d) any other matter which the Minister deems expedient to prescribe in order to provide services to witnesses at courts.
(5) Any regulation made under this section must, before publication thereof in the Gazette, be submitted to Parliament.
299A Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision

(1) When a court sentences a person to imprisonment for-

(a) murder or any other offence which involves the intentional

killing of a person;

(b) rape;

(c) robbery where the wielding of a fire-arm or any other dangerous weapon or the infliction of grievous bodily harm or the robbery of a motor vehicle is involved;

(d) assault of a sexual nature;

(e) kidnapping; or

(f) any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (e),

it shall inform-

(i) the complainant; or

(ii) in the case of murder or any other offence contemplated in paragraph (a), any immediate relative of the deceased,

if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board.

(4)

(a) The Commissioner of Correctional Services must issue directives regarding the manner and circumstances in which a complainant or relative contemplated in subsection (1) may exercise the right contemplated in that subsection.

(b) Directives issued under paragraph (a) must be published in the Gazette.

(c) Before the directives issued under paragraph (a) are published in the Gazette, the Commissioner of Correctional Services must submit them to Parliament, and the first directives so issued, must be submitted to Parliament within three months of the commencement of this section.

(d) Any directive issued under paragraph (a) may be amended or withdrawn in like manner."

342A (7)
(a) The National Director of Public Prosecutions must, within 14 days after the end of January and of July of each year, submit a report to the Cabinet member responsible for the administration of justice, containing the particulars indicated in the Table of Awaiting Trial Accused in respect of each accused whose trial has not yet commenced in respect of the leading of evidence, as contemplated in section 150 and who, by the end of the month in question, has been in custody for a continuous period exceeding-

(i) 18 months from date of arrest, where the trial is to be conducted in a High Court;

(ii) 12 months from date of arrest, where the trial is to be conducted in a regional court; and

(iii) six months from date of arrest, where the trial is to be conducted in a magistrate's court.

(b) The Cabinet member responsible for the administration of justice must, within 14 days of receipt of a report contemplated in paragraph (a), table such report in Parliament.