A CRITICAL ANALYSIS OF THE CONSTITUTIONALITY OF SECTION 49 OF THE
CRIMINAL PROCEDURE ACT 51 OF 1977
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
RRLLB81 ASSIGNMENT 02/ UNIQUE NUMBER: 752433
L C COETZEE
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and I am aware of Unisa’s
policies in this regard.
,2. I declare that this assignment is my own original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work/s of other people have been referenced according to the prescribed style.
3. I have not allowed, and I will not allow anyone to copy my work with the intention
of passing it off as their own work.
4. I did not
Name: ONGEZIWE NGETU
make use of
Student Number: 61136905
Module Code/Name: RRLLB81 (LLB RESEARCH REPORT)
another
Date: 05 JULY 2021
student’s work and try to submit it as my own work. Signature:
Topic Selected: THE USE OF FORCE WHEN EFFECTING ARREST IN THE
CONTEXT OF SECTION 49 OF THE CRIMINAL PROCEDURE ACT 51 OF 1977,
AND THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996
Assignment 01 Result: N/A
Assignment 02 Result: N/A
ABSTRACT
All laws and conduct must conform to the Constitution, if not, the law and conduct must
then be declared invalid to the extent that it inconsistent with the Constitution. This
paper questions the use of force when effecting arrests in the context of the section
49 of the Criminal Procedure Act 51 of 1977 and the Constitution of the Republic of
South Africa, 1996. This paper sets out the circumstances in which the use of deadly
2
, force is justifiable against fleeing suspects in terms of section 49. In so doing the
principles of interpretation is applied to determine whether section 49 is reasonable
and is aligned with the purport of the Constitution. This paper acknowledges that any
limitation of a right protected under the Bill of Rights must be reasonable and justifiable
in an open and democratic society based on human dignity, equality, and freedom.
KEYWORDS
deadly force; unconstitutional; use of force; arrests; section 49
3
CRIMINAL PROCEDURE ACT 51 OF 1977
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
RRLLB81 ASSIGNMENT 02/ UNIQUE NUMBER: 752433
L C COETZEE
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and I am aware of Unisa’s
policies in this regard.
,2. I declare that this assignment is my own original work. Where I have used
someone else’s work, I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in, this assignment from the
work/s of other people have been referenced according to the prescribed style.
3. I have not allowed, and I will not allow anyone to copy my work with the intention
of passing it off as their own work.
4. I did not
Name: ONGEZIWE NGETU
make use of
Student Number: 61136905
Module Code/Name: RRLLB81 (LLB RESEARCH REPORT)
another
Date: 05 JULY 2021
student’s work and try to submit it as my own work. Signature:
Topic Selected: THE USE OF FORCE WHEN EFFECTING ARREST IN THE
CONTEXT OF SECTION 49 OF THE CRIMINAL PROCEDURE ACT 51 OF 1977,
AND THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996
Assignment 01 Result: N/A
Assignment 02 Result: N/A
ABSTRACT
All laws and conduct must conform to the Constitution, if not, the law and conduct must
then be declared invalid to the extent that it inconsistent with the Constitution. This
paper questions the use of force when effecting arrests in the context of the section
49 of the Criminal Procedure Act 51 of 1977 and the Constitution of the Republic of
South Africa, 1996. This paper sets out the circumstances in which the use of deadly
2
, force is justifiable against fleeing suspects in terms of section 49. In so doing the
principles of interpretation is applied to determine whether section 49 is reasonable
and is aligned with the purport of the Constitution. This paper acknowledges that any
limitation of a right protected under the Bill of Rights must be reasonable and justifiable
in an open and democratic society based on human dignity, equality, and freedom.
KEYWORDS
deadly force; unconstitutional; use of force; arrests; section 49
3
