Criminal Procedure 271 Cases
Chapter 1: Introduction
• Social Justice Coalition v Minister of Police 2019 4 SA 82 (WCC) - Article
SA Court for the first time recognizes poverty as a ground of indirect discrimination
under PEPUDA. This means that legislation is neutral, however impact of differential
treatment is discriminatory.
Conclusions: formula used to allocate police resources in WC unfairly discriminates
against poor and Black people.
Determinants
1. Rate of crime
2. unemployment rate, size of informal populations.
3. Facilities for sports, religion ect.
4. Airports? Shopping malls? Counts in favor if you have.
Constitution has recognized intersectionality by providing for unlisted or unspecified
grounds of discrimination.
If one or more of the following is met, unlisted ground constitutes discrimination:
1. causes or perpetuates systemic disadvantage
2. undermines human dignity
3. adversely affects the equal enjoyment of a person’s of personal rights and
freedoms.
,• S 35: Veldman v DPP:
detained, arrested and accused.
, Chapter 2: Criminal Courts of the Republic and aspects of
jurisdiction:
• National Commissioner of the South African Police v Southern African Litigation
Centre and others 2015 (1) SA 315 (CC) (NCSA v SALC)
UNIVERSAL JURISDICTION
Facts: Zimbabwe police raided the headquarters of the opposition party and
(allegedly) tortured 100 Zimbabwean nationals. The. SAHRLC collected evidence and
delivered to NPA (National Prosecuting Authority) in SA. SAP declined to investigate.
apply successfully to high court for review and set aside the police’s decision.
Issues:
- Must the suspected perpetrator be present in SA for the police to investigate the
crime, relating. to. an international crime committed outside of SA?
NO, not a requirement for investigation under international or SA law.
- Did the Constitution duty the police to investigate the crime against humanity of
torture?
YES, it did.
- Were there limits on the police investigating international crimes committed outside
of South Africa by and against foreign nationals?
YES, SA had to have a substantial connection to the matter.
Understanding place of international law within the Constitution: Constitution
reveals a clear determination to ensure that Constitution and SA Law. are
interpreted to comply with international law.
Crime against humanity.
• Rex v Holm, R v Pienaar
Facts: Charge of high treason against accused who broadcasted propaganda. Rare.
There existed no international custom or comity which debarred a state from trying
and punishing an offender no matter where the offence was committed. Personal
aspects of jurisdiction.
• S v Ebrahim
Facts: Accused of high treason. Was violently arrested whilst being in Swaziland. The
appellant’s case rested upon the notion that arrest took place without abiding to the
necessary rules. Competence of court?
Section 39 of the Criminal Procedure Act 51 of 1977 indicates how arrests should be
executed.
• S v Kruger
Facts: Accused of livestock theft, that took place in South Africa and Botswana.
Theft is a continuous crime, nature of crime. Theft remains a crime as long as the
accused is in position of the stolen goods and can thus be prosecuted. Territoriality
of jurisdiction. S 110 of CPA: Territorial jurisdiction.
Chapter 1: Introduction
• Social Justice Coalition v Minister of Police 2019 4 SA 82 (WCC) - Article
SA Court for the first time recognizes poverty as a ground of indirect discrimination
under PEPUDA. This means that legislation is neutral, however impact of differential
treatment is discriminatory.
Conclusions: formula used to allocate police resources in WC unfairly discriminates
against poor and Black people.
Determinants
1. Rate of crime
2. unemployment rate, size of informal populations.
3. Facilities for sports, religion ect.
4. Airports? Shopping malls? Counts in favor if you have.
Constitution has recognized intersectionality by providing for unlisted or unspecified
grounds of discrimination.
If one or more of the following is met, unlisted ground constitutes discrimination:
1. causes or perpetuates systemic disadvantage
2. undermines human dignity
3. adversely affects the equal enjoyment of a person’s of personal rights and
freedoms.
,• S 35: Veldman v DPP:
detained, arrested and accused.
, Chapter 2: Criminal Courts of the Republic and aspects of
jurisdiction:
• National Commissioner of the South African Police v Southern African Litigation
Centre and others 2015 (1) SA 315 (CC) (NCSA v SALC)
UNIVERSAL JURISDICTION
Facts: Zimbabwe police raided the headquarters of the opposition party and
(allegedly) tortured 100 Zimbabwean nationals. The. SAHRLC collected evidence and
delivered to NPA (National Prosecuting Authority) in SA. SAP declined to investigate.
apply successfully to high court for review and set aside the police’s decision.
Issues:
- Must the suspected perpetrator be present in SA for the police to investigate the
crime, relating. to. an international crime committed outside of SA?
NO, not a requirement for investigation under international or SA law.
- Did the Constitution duty the police to investigate the crime against humanity of
torture?
YES, it did.
- Were there limits on the police investigating international crimes committed outside
of South Africa by and against foreign nationals?
YES, SA had to have a substantial connection to the matter.
Understanding place of international law within the Constitution: Constitution
reveals a clear determination to ensure that Constitution and SA Law. are
interpreted to comply with international law.
Crime against humanity.
• Rex v Holm, R v Pienaar
Facts: Charge of high treason against accused who broadcasted propaganda. Rare.
There existed no international custom or comity which debarred a state from trying
and punishing an offender no matter where the offence was committed. Personal
aspects of jurisdiction.
• S v Ebrahim
Facts: Accused of high treason. Was violently arrested whilst being in Swaziland. The
appellant’s case rested upon the notion that arrest took place without abiding to the
necessary rules. Competence of court?
Section 39 of the Criminal Procedure Act 51 of 1977 indicates how arrests should be
executed.
• S v Kruger
Facts: Accused of livestock theft, that took place in South Africa and Botswana.
Theft is a continuous crime, nature of crime. Theft remains a crime as long as the
accused is in position of the stolen goods and can thus be prosecuted. Territoriality
of jurisdiction. S 110 of CPA: Territorial jurisdiction.
