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 are by the South African Law Reform Commission (SALRC).
“Published for public comment, these papers are a critical step in the ongoing efforts to modernise South Africa’s criminal justice system in line with the Constitution and contemporary justice imperatives.
“The review seeks to address systemic challenges in the CPA, particularly in relation to provisions dealing with arrest, bail, alternative dispute resolution (ADR), and victim participation in the criminal justice process,” the Ministry of Justice and Constitutional Development said ahead of Thursday’s briefing.
The discussion papers focus specifically on the pre-trial stage, with additional papers on trial and post-trial reforms to follow.
The findings and proposals outlined in the papers are 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, represented by Justice Francis Legodi, Chairperson of the Advisory Committee on the Review of the Criminal System Project, along with members of the Advisory Committee, has played a key role in shaping these discussion papers.
The key areas covered in the review include:
• Arrest Dispensation Reform: Promoting alternative measures, such as summons, to secure court attendance and reduce unlawful and unnecessary arrests.
• Bail System Reform: Ensuring a balanced approach that upholds the rights of accused persons while addressing public safety concerns, reducing lengthy pre-trial detention, and easing overcrowding in correctional facilities.
• Alternative Dispute Resolution (ADR): Advocating for the statutory recognition of mediation, diversion, and restorative justice mechanisms to improve access to justice and reduce court congestion. This includes the introduction of non-trial resolutions for economic crimes, incorporating deferred prosecution, non-prosecution agreements, and judicial oversight, underpinned by transparency, accountability, and fairness.
• Victim-Centric Reforms: Strengthening protections for victims, complainants, and witnesses, ensuring their voices are heard throughout the bail process and across the broader justice system.
Deputy Minister Nel will be joined by his colleagues in 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 expected to begin at 2pm. -SAnews.gov.za
