Criminal Procedure Act

In jurisdictions where the provisions of the AARTO Act do not apply, the Criminal Procedure Act, 1977 (Act 51 of 1977) is used to prosecute road traffic infringements and offences. The Criminal Procedure Act is also used to prosecute serious road traffic offences which are scheduled as “offences” in Schedule 3 of the AARTO Act.

Where to get copies of legislation.

Free resources

All of the above national legislation is available at the SA Government website, however, we must warn you that since legislation is often amended, what you get from that website can be very outdated and piecing the various amendments together can be a laborious task.

For provincial legislation and municipal bylaws, you will need to consult the website of the appropriate provincial government or local municipality.

Commercial resources

Your task could be made a lot easier by using one of the commercial enterprises that provide consolidated versions of legislation, amongst whom are:

The services above vary in just how up to date they are with the currently applicable legislation, but share one thing in common. None of them are what could be described as cheap.

In view of the fact that Advocate Makhosini Msibi, the CEO of the Road Traffic Management Corporation (RTMC) has repeatedly claimed that the offences of reckless or negligent driving, speeding and driving under the influence of intoxicating liquor or a drug having a narcotic effect are currently Schedule 2 offences in terms of the Criminal Procedure Act, we publish here below, all of the eight Schedules of the Criminal Procedure Act.

It must also be noted that the learned Advocate Makhosini Msibi has asserted, in a document signed off by the Minister of Transport, Dr Blade Nzimande (published below the Schedules), that the offences of reckless or negligent driving, speeding and driving under the influence of intoxicating liquor or a drug having a narcotic effect are currently Schedule 3 offences in terms of the Criminal Procedure Act.

We invite the learned Advocate Makhosini Msibi to point out to the media where precisely in Schedule 2 the offences of reckless or negligent driving, speeding and driving under the influence of intoxicating liquor or a drug having a narcotic effect are listed.

We also invite the learned Advocate Makhosini Msibi to point out to the Minister of Transport where precisely in Schedule 3 the offences of reckless or negligent driving and driving under the influence of intoxicating liquor or a drug having a narcotic effect are listed.

Schedules of the Criminal Procedure Act

Schedule 1 - (Sections 40 and 42)

  • Treason.
  • Sedition.
  • Public violence.
  • Murder.
  • Culpable homicide.
  • Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
  • Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
  • Trafficking in persons for sexual purposes by a person contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
  • Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
  • Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
  • Robbery.
  • Kidnapping.
  • Childstealing.
  • Assault, when a dangerous wound is inflicted.
  • Arson.
  • Malicious injury to property.
  • Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
  • Theft, whether under the common law or a statutory provision.
  • Receiving stolen property knowing it to have been stolen.
  • Fraud.
  • Forgery or uttering a forged document knowing it to have been forged.
  • Offences relating to the coinage.
  • Any offence, except the offence of escaping from lawful custody in circumstances other than the circumstances referred to immediately hereunder, the punishment wherefor may be a period of imprisonment exceeding six months without the option of a fine.
  • Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to in this Schedule or is in such custody in respect of the offence of escaping from lawful custody.
  • Offences referred to in section 4 (1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.
  • Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

Schedule 2

Part I - (Section 35)

  • Any offence under any law relating to the illicit possession, conveyance or supply of dependence-producing drugs or intoxicating liquor.
  • Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
  • Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
  • Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
  • Theft, whether under the common law or a statutory provision.

PART II - (Sections 59, 72)

  • Treason.
  • Sedition.
  • Murder.
  • Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
  • Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
  • Trafficking in persons for sexual purposes by a person contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
  • Robbery.
  • Assault, when a dangerous wound is inflicted.
  • Arson.
  • Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
  • Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, fraud, forgery or uttering a forged document knowing it to have been forged, in each case if the amount or value involved in the offence exceeds R2 500.
  • Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
  • Any offence under any law relating to the illicit- (a) possession of- (i) dagga exceeding 115 grams; or (ii) any other dependence-producing drugs; or (b) conveyance or supply of dependence-producing drugs.
  • Any offence relating to the coinage.
  • Offences referred to in section 4 (1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.
  • Any conspiracy, incitement or attempt to commit any offence referred to in this Part.

PART III - (Sections 59, 61, 72, 184, 185, 189)

  • Sedition.
  • Public violence.
  • Arson.
  • Murder.
  • Kidnapping.
  • Childstealing.
  • Robbery.
  • Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
  • Contravention of the provisions of section 1 and 1A of the Intimidation Act, 1982 (Act 72 of 1982).
  • Offences referred to in section 4 (1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.
  • Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.
  • Treason.

Schedule 3 - (Section 341)

  • Any contravention of a by-law or regulation made by or for any council, board or committee established in terms of any law for the management of the affairs of any division, city, town, borough, village or other similar community.
  • Any offence committed by- (a) driving a vehicle at a speed exceeding a prescribed limit; (b) driving a vehicle which does not bear prescribed lights, or any prescribed means of identification; (c) leaving or stopping a vehicle at a place where it may not be left or stopped, or leaving a vehicle in a condition in which it may not be left; (d) driving a vehicle at a place where and at a time when it may not be driven; (e) driving a vehicle which is defective or any part whereof is not properly adjusted, or causing any undue noise by means of a motor vehicle; (f) owning or driving a vehicle for which no valid licence is held; (g) driving a motor vehicle without holding a licence to drive it.

Schedule 4 LAWS REPEALED

Please note that the table below is a work in progress and will take some time to complete due to the voluminous nature of Schedule 4.
No and Year of Law Title Extent of Repeal
REPUBLIC
Act 38 of 1916 Mental Disorders Act, 1916 Sections 27, 28, 29 and 29bis.
Act 24 of 1922 South-West Africa Affairs Act, 1922 Section 2 (1), so much of section 3 as is unrepealed, and sections 4, 6 and 7.
Act 22 of 1926 South-West Africa Mental Disorder Act, 1926 So much as is unrepealed.
Act 46 of 1935 General Law Amendment Act, 1935 Section 78 and so much of section 101 as is unrepealed.
Act 32 of 1944 Magistrates' Courts Act, 1944 Sections 93, 93bis and 94 to 105 inclusive.
Act 32 of 1952 General Law Amendment Act, 1952 Section 9 and so much of section 26 as is unrepealed.
Act 40 of 1952 Magistrates' Courts Amendment Act, 1952 Sections 22 to 26 inclusive.
Act 56 of 1955 Criminal Procedure Act, 1955 The whole, except sections 319 (3) and 384.
Please note that the table above is a work in progress and will take some time to complete due to the voluminous nature of Schedule 4.

Schedule 5 - (Sections 58 and 60 (11) and (11A) and Schedule 6)

  • Treason.
  • Murder.
  • Attempted murder involving the infliction of grievous bodily harm.
  • Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, in circumstances other than those referred to in Schedule 6.
  • Any trafficking related offence by a commercial carrier as contemplated in section 71(6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
  • Any offence referred to in section 13 (f) of the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992), if it is alleged that- (a) the value of the dependence-producing substance in question is more than R50 000,00; or
  • (b) the value of the dependence-producing substance in question is more than R10 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
  • (c) the offence was committed by any law enforcement officer.
  • Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi-automatic firearm, explosives or armament.
  • Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act 75 of 1969), on account of being in possession of more than 1 000 rounds of ammunition intended for firing in an arm contemplated in section 39 (2) (a) (i) of that Act.
  • Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004- (a) involving amounts of more than R500 000,00; or (b) involving amounts of more than R100 000,00, if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
  • (c) if it is alleged that the offence was committed by any law enforcement officer- (i) involving amounts of more than R10 000,00; or (ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
  • Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively on a child under the age of 16 years.
  • An offence referred to in Schedule 1- (a) and the accused has previously been convicted of an offence referred to in Schedule 1; or (b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1.
  • The offences referred to in section 4 (2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.
 

Schedule 6 - (Sections 50 (6), 58 and 60 (11) and (11A))

  • Murder, when- (a) it was planned or premeditated; (b) the victim was- (i) a law enforcement officer performing his or her functions as such, whether on duty or not, or a law enforcement officer who was killed by virtue of his or her holding such a position; or (ii) a person who has given or was likely to give material evidence with reference to any offence referred to in Schedule 1; (c) the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted to commit one of the following offences: (i) Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or (ii) robbery with aggravating circumstances; or (d) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy.
  • Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively- (a) when committed- (i) in circumstances where the victim was raped more than once, whether by the accused or by any co-perpetrator or accomplice; (ii) by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy; (iii) by a person who is charged with having committed two or more offences of rape; or (iv) by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus; (b) where the victim- (i) is a person under the age of 16 years; (ii) is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or (iii) is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or (c) involving the infliction of grievous bodily harm.
  • Trafficking in persons for sexual purposes by a person as contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
  • Robbery, involving- (a) the use by the accused or any co-perpetrators or participants of a firearm; (b) the infliction of grievous bodily harm by the accused or any of the coperpetrators or participants; or (c) the taking of a motor vehicle.
  • An offence referred to in Schedule 5- (a) and the accused has previously been convicted of an offence referred to in Schedule 5 or this Schedule; or (b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 5 or this Schedule.
  • The offences referred to in section 2, 3 (2) (a), 4 (1), 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, section 2 (1) and (2) of the Civil Aviation Offences Act, 1972 (Act 10 of 1972), section 26 (1) (j) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993) and section 56 (1) (h) of the Nuclear Energy Act, 1999 (Act 46 of 1999).

Schedule 7 - (Section 59A)

  • Public violence.
  • Culpable homicide.
  • Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
  • Assault, involving the infliction of grievous bodily harm.
  • Arson.
  • Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
  • Malicious injury to property.
  • Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00.
  • Theft and any offence referred to in section 264 (1) (a), (b) and (c), if the amount involved in the offence does not exceed R20 000,00.
  • Any offence in terms of any law relating to the illicit possession of dependence-producing drugs.
  • Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00.
  • Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

Schedule 8 - (Sections 36D and 36E)

  • Treason.
  • Sedition.
  • Public violence.
  • Murder.
  • Any offence referred to in Part I or Part II of Schedule 1 to the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act 27 of 2002).
  • Culpable homicide.
  • Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
  • Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), respectively.
  • Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) amendment Act, 2007 (Act 32 of 2007), respectively.
  • Robbery.
  • Kidnapping.
  • Childstealing.
  • Assault, when a dangerous wound is inflicted.
  • Arson.
  • Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
  • Theft, whether under the common law or a statutory provision.
  • Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to in Schedule 1, or is in such custody in respect of the offence of escaping from lawful custody.
  • Any- (a) offence under the Firearms Control Act, 2000 (Act 60 of 2000), which is punishable with imprisonment for a period of five years or longer in terms of the said Act; (b) offence under the Explosives Act, 2003 (Act 15 of 2003), which is punishable with imprisonment for a period of five years or longer in terms of the said Act; (c) Convention offence or specified offence as defined in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act 33 of 2004); (d) offence of trafficking in persons as defined in section 1 of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of 2013); or (e) offence of torture as defined in the Prevention and Combating of Torture of Persons Act, 2013 (Act 13 of 2013).
  • Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
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