Pretoria: Justice and Constitutional Development Deputy Minister, Andries Nel, will today brief the media on the release of discussion papers for the review of the Criminal Procedure Act (CPA). The four discussion papers have been developed by the South African Law Reform Commission (SALRC).
According to South African Government News Agency, these papers are published for public comment and represent a critical step in the ongoing efforts to modernise South Africa’s criminal justice system in accordance with the Constitution and contemporary justice imperatives. The review aims to address systemic challenges within the CPA, focusing on provisions related to arrest, bail, alternative dispute resolution (ADR), and victim participation in the criminal justice process.
The discussion papers primarily examine the pre-trial stage, with additional papers on trial and post-trial reforms expected to follow. The findings and proposals within these papers have been informed by contributions from key stakeholders in the justice sector, including the South African Police Service, National Prosecuting Authority, Integrated Justice System, Legal Aid South Africa, Correctional Services, and the Civilian Secretariat for Police.
The SALRC, with Justice Francis Legodi, Chairperson of the Advisory Committee on the Review of the Criminal System Project, alongside members of the Advisory Committee, has played a significant role in shaping these discussion papers. The review covers several key areas:
1. Arrest Dispensation Reform: Advocating for alternative measures such as summons to secure court attendance, aiming to reduce unlawful and unnecessary arrests.
2. Bail System Reform: Striving for a balanced approach that respects the rights of accused individuals while addressing public safety concerns, reducing lengthy pre-trial detention, and easing overcrowding in correctional facilities.
3. Alternative Dispute Resolution (ADR): Promoting statutory recognition of mediation, diversion, and restorative justice mechanisms to improve access to justice and reduce court congestion. This includes non-trial resolutions for economic crimes, incorporating deferred prosecution, non-prosecution agreements, and judicial oversight, all underpinned by transparency, accountability, and fairness.
4. Victim-Centric Reforms: Enhancing protections for victims, complainants, and witnesses, ensuring they are heard throughout the bail process and across the broader justice system.
Deputy Minister Nel will be accompanied by his colleagues from the Justice, Crime Prevention, and Security (JCPS) Cluster, including the Deputy Minister of Correctional Services, Lindiwe Ntshalintshali, and the Deputy Minister of Social Development, Mogamad G.E. Hendricks. The briefing is scheduled to begin at 2pm.