New legislation 2024

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The Judicial Matters Amendment Act 15 of 2023 (hereinafter referred to as Act 15 of 2023) appears in English and Afrikaans in Government Gazette No 50430 dated 3 April 2024. In the Afrikaans text its name is “Wysigingswet op Geregtelike Aangeleenthede 15 van 2023”. This Act 15 of 2023 amends 19 different statutes (Afrikaans: “wette”) and repeals the common law crime of defamation (in Afrikaans text: “laster”).

Some of amendments that are of interest/importance to readers of Servamus are the following:

Note that all emphasis added and words in square brackets inserted in the statutory provisions infra, are by Pollex.

1. Criminal Procedure Act 51 of 1977 (the CPA)

Three new sections 57B, 57C and 57D are inserted in this CPA. The headings of these three sections (which are all rather lengthy) are –

Section 57B: Payment of admission of guilt fine without appearance in court and previous convictions;

Section 57C: Expungement* of criminal records of persons whose name appears in records of Criminal Record Centre of South Africa Police Service (CRC) after having paid an admission of guilt fine for offences determined in terms of section 57B(1) supra; and

Section 57D: Conviction and sentence in respect of admission of guilt fines relating to offences in terms of regulations made in terms of section 27(2) of Disaster Management Act 57 of 2002.

A brief summary of these three new sections is that in terms of section 57B, the Minister of Justice may declare that certain categories of offences do not result in a previous conviction against an accused and provides for the expungement* of minor offences.

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[This is only an extract of an article that is published in Servamus: June 2024. This article is available for purchase.]

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