Public Participation Urged in Review of Criminal Procedure Act

Deputy Director-General for Court Administration at DOJ&CD, Lucky Mohalaba, emphasized the outdated nature of the CPA, stating that it precedes South Africa’s democratic Constitution.

The Department of Justice and Constitutional Development (DOJ&CD) is calling on South African citizens to actively engage in the review process of the Criminal Procedure Act (CPA), as the deadline for public comments on the discussion papers nears. The South African Law Reform Commission (SALRC) released these papers to address systemic inefficiencies and constitutional misalignments in the Act, which dates back to 1977.

The Need for Reform

Deputy Director-General for Court Administration at DOJ&CD, Lucky Mohalaba, emphasized the outdated nature of the CPA, stating that it precedes South Africa’s democratic Constitution. The review aims to modernize the legislation, ensuring alignment with constitutional values of equality, transparency, and justice.

Key Focus Areas of the Review

The discussion papers cover four major areas of reform:

1. Bail System Reform – Balancing the rights of the accused with public safety concerns, reducing unnecessary pre-trial detentions, and preventing prison overcrowding.
2. Arrest Dispensation Reform – Exploring alternatives to physical arrests, such as summons and written notices, to prevent unnecessary incarcerations and ensure fair treatment of accused individuals.
3. Alternative Dispute Resolution (ADR) in Criminal Matters – Introducing mediation, victim-offender dialogue, and community-based sentencing as alternatives to traditional court proceedings, particularly for minor offenses.
4. Non-Trial Resolutions (NTRs) – Proposing Deferred Prosecution Agreements (DPAs) and other non-trial resolutions for financial and corporate crimes, in line with international best practices.

Proposed Changes and Challenges

The bail system reform seeks to make it more affordable, fair, and efficient by addressing issues such as strict address verification, limited police discretion in granting bail, and the lack of victim participation in bail hearings. The arrest dispensation reform proposes that arrest be used as a last resort, with increased judicial oversight and the use of electronic summons to ensure court appearances.

Alternative Dispute Resolution methods, including victim-offender mediation and community service sentencing, aim to reduce reliance on imprisonment and promote restorative justice. Additionally, the Non-Trial Resolutions discussion paper recommends implementing a structured framework for Deferred Prosecution Agreements, particularly for corporate corruption cases, as advised by the Zondo Commission.

Encouraging Public Participation

DOJ&CD urges citizens, civil society organizations, and legal experts to provide feedback on these proposed reforms. Deputy Minister Andries Nel emphasized that these discussions will ultimately shape a new Criminal Procedure Bill, replacing the existing 1977 Act with modern legislation that reflects South Africa’s constitutional democracy.

The deadline for public comments is 31 March 2025. Citizens can access the discussion papers and submit their input via the official DOJ&CD website: https://www.justice.gov.za/salrc/dpapers.htm.

This initiative marks a significant step in transforming South Africa’s justice system, ensuring fairer, more effective legal processes that align with the nation’s constitutional principles.