Deputy Justice Minister Nel initiates review of Criminal Procedure Act
The review process conducted by the South African Land Reform Commission began in 2021.
Deputy Justice and Constitutional Development Minister Andries Nel. Picture: DoJ & CD
JOHANNESBURG - Deputy Justice and Constitutional Development Minister, Andries Nel has initiated a review of the Criminal Procedure Act (CPA) to address its systemic challenges.
The review process conducted by the South African Land Reform Commission (SALRC) began in 2021.
It aims to align the CPA with the country's constitution to ensure that the criminal justice system is fair and effective.
An advisory committee was appointed in November 2023 to provide guidance and support on four discussion papers in this regard.
READ: Criminal Procedure Act outdated and out of touch with today's crime in SA - Batohi
The first explores alternative solutions to non-trial corruption cases which allows companies to avoid prosecution by agreeing to fines or compliance measures.
"The South African Law Commission is considering all types of non-trial resolutions for South Africa. It has made firm recommendations that non-trial resolutions be used for corporate corruption cases" said advisory expert, Colette Ashton.
Meanwhile, a new draft bill aims to formalise the use of alternative dispute resolutions.
"The draft bill included in the discussion paper seeks to give effect to the commission's recommendations by stipulating the conditions under which decisions should be taken whether or not to divert a matter together with proposals on the regulatory framework to be applied," said Professor Nina Mollema.