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29 July 2010
   
 
 
Article by: Creamer Media Reporter
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Criminal Procedure Amendment Bill [B – 2010] - 594 KB
 

The Department of Justice and Constitutional Development is requesting comment on a draft bill, the Criminal Procedure Amendment Bill, 2010
The purpose of the Criminal Procedure Amendment Bill <http://www.pmg.org.za/bill/20100224-criminal-procedure-amendment-draft-bill> , 2010 is to amend the Criminal Procedure Act, 1977, so as to bring the provisions relating to the use of force when effecting an arrest into line with a judgment of the Constitutional Court, as discussed in the (draft) Memorandum on the Objects of the Bill.
Comments can be emailed to Mr J A de Lange at jdelange@justice.gov.za <mailto:jdelange@justice.gov.za> on or before 24 March 2010.

 

 

Edited by: Creamer Media Reporter
 
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REASONABLE FORCE IS REQUIRED WHEN EFFECTING AN ARREST AND ONLY WHEN THE ARRESTEE RESISTS OR FLEES. ANOTHER REPORTED COMMON PRACTICE CONCERNS THE ALLEGED ASSAULT AND EVEN RAPE OF PEOPLE IN POLICE CUSTODY. WHERE THIS OCCURS THESE ROGUE POLICE OFFICIALS MUST BE ARRESTED, HELD IN CUSTODY AND TRIED BEFORE A COMPETENT COURT. THE REPORTED PRACTICE OF TORTURING A PRISONER IN ORDER TO OBTAIN A CONFESSION SHOULD ALSO BE INVESTIGATED AND THE REQUISITE ACTION TAKEN. POLICEMEN AND WOMEN ARE NOT ABOVE THE LAW. THEY MUST ACT WITHIN THE CONFINES OF THE LAW.
SIDNEY COAD WILLIAMS
05 Mar 2010 -
 
 
 
The word "immediate" should not be removed from the clause. If the word is removed, it gives police the power to shoot when they face no IMMEDIATE danger.
Louise Cook
10 Mar 2010 -
 
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