Criminal Law and Procedure (1977) Criminal Procedure Act ...

1 Criminal Procedure Act 51 of 1977 (RSA GG 5532) brought into force in South Africa and South West Africa on 22 July 1977 by RSA Proc. (RSA GG 5654) (see section 343 of Act); applied to Rehoboth insofar as it relates to matters which fell under the Legislative Authority of Rehoboth, by section 1(1) of the Criminal Procedure Act 3 of 1982 (Rehoboth) (Official Gazette 70 of Rehoboth, dated 11 March 1983), with effect immediately prior to the date on which a government for Rehoboth came into being in terms of section 11(1) of the Rehoboth Self-Government Act 56 of 1976 (see section 1(2) of the Criminal Procedure Act 3 of 1982 (Rehoboth)) APPLICABILITY TO SOUTH WEST AFRICA.

2 Section 1 defines Republic to include the territory , which is defined as the territory of South West Africa . State , in relation to a department of State, is defined to include the Administration of the territory . Section 343 states This Act shall apply also in the territory, including the Eastern Caprivi Zipfel. The wording of section 343 did not make amendments to the Act in South Africa automatically applicable to South West Africa, and none of the amendments to the Act in South Africa prior to Namibian independence were made expressly applicable to South West Africa.

3 However amendments to the Act in South Africa prior to the date of transfer appear to have been applicable to South West Africa by virtue of the definition of Republic . TRANSFER TO SOUTH WEST AFRICA: The administration of this Act was transferred to South West Africa by the Executive Powers (Justice) Transfer Proclamation, AG 33 of 1979, dated 12 November 1979. None of the amendments to the Act in South Africa after the date of transfer were applicable to South West Africa because none were made expressly so applicable. Section 3(1)(t) of the transfer proclamation excluded all references to the State in the Act, in relation to the authority to institute and conduct a prosecution and to make seizures, from the operation of section 3(1) of the Executive Powers Transfer (General Provisions) Proclamation, AG 7 of 1977, meaning that the administration of these provisions was not transferred to South West Africa prior to Namibian independence.

4 Section 3(1)(t) of the transfer proclamation (as amended) also excluded various provisions of the Act from the operation of certain sections of AG 7 of 1977. These are noted in the annotations to individual provisions of the Act. as amended by Criminal Procedure Matters Amendment Act 79 of 1978 (RSA) (RSA GG 6041) came into force on date of publication: 2 June 1978 Native Laws Amendment Proclamation, AG 3 of 1979 (OG 3898) deemed to have come into force in relevant part on 1 August 1978 (section 5 of AG 3 of 1979) Criminal Procedure Amendment Act 56 of 1979 (RSA) (RSA GG 6476) came into force on date of publication.

5 1 June 1979 Criminal Procedure Amendment Act 15 of 1981 (OG 4566) brought into force on 1 January 1982 by AG 31/1981 (OG 4577) Appeals Amendment Act 29 of 1985 (OG 5149) brought into force on 1 April 1986 by AG 19/1986 (OG 5182) Criminal Procedure Matters Act 31 of 1985 (OG 5151) came into force on date of publication: 18 December 1985 Criminal Procedure Amendment Act 5 of 1991 (GG 215) Republic of Namibia 2 Annotated Statutes Criminal Procedure Act 51 of 1977 came into force on date of publication: 30 May 1991 Criminal Procedure Amendment Act 26 of 1993 (GG 755) came into force on date of publication: 9 December 1993 Combating of Rape Act 8 of 2000 (GG 2326) brought into force on 15 June 2000 (GN 140/2000, GG 2348) International Co-operation in Criminal Matters Act 9 of 2000 (GG 2327) brought into force on 15 September 2001 by GN 185/2001 (GG 2614) Note that there are two versions of GG 2327.

6 The correct one states at the top: This Gazette replaces previous Gazette No. 2327. Appeal Laws Amendment Act 10 of 2001 (GG 2585) came into force on date of publication: 25 July 2001 Combating of Domestic Violence Act 4 of 2003 (GG 3002) brought into force on 17 November 2003 by GN 234/2003 (GG 3094) Maintenance Act 9 of 2003 (GG 3043) brought into force on 17 November 2003 by GN 232/2003 (GG 3093) Criminal Procedure Amendment Act 24 of 2003 (GG 3123) came into force on date of publication: 30 December 2003 Criminal Procedure Amendment Act 13 of 2010 (GG 4554) came into force on date of publication.

7 30 August 2010 Correctional Service Act 9 of 2012 (GG 5008) brought into force on 1 January 2014 by GN 330/2013 (GG 5365) The Act is also amended by the Child Care and Protection Act 3 of 2015 (GG 5744). However, that Act has not yet been brought into force, so the amendments made by it are not reflected here. This Act has been repealed by the Criminal Procedure Act 25 of 2004 (GG 3358), which has not yet been brought into force. ACT To make provision for procedures and related matters in Criminal proceedings. (Afrikaans text signed by the State President) (Assented to 21 April 1977) BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:- [The phrase above normally appears below the ARRANGEMENT OF SECTIONS.]

8 ] The Act contains a number of references to the death penalty. Although these have not been amended, they would have no force or effect in light of Article 6 of the Namibian Constitution, which states The right to life shall be respected and protected. No law may prescribe death as a competent sentence. No Court or Tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in Namibia. Act 9 of 2012 amends several sections of the Act to substitute correctional facility for prison (and to similarly substitute related terms).

9 It is not clear why the term prison has been retained in some provisions.] ARRANGEMENT OF SECTIONS SectionRepublic of Namibia 3 Annotated Statutes Criminal Procedure Act 51 of 1977 DEFINITIONS .. 11. Definitions CHAPTER 1. Prosecuting Authority ..2-182. Authority to prosecute vested in State 3. Attorney-general the prosecuting authority on behalf of State 4. Delegation, and local public prosecutor 5. Presiding judicial officer may in certain circumstances appoint prosecutor 6. Power to withdraw charge or stop prosecution 7.

10 Private prosecution on certificate nolle prosequi 8. Private prosecution under statutory right 9. Security by private prosecutor 10. Private prosecution in name of private prosecutor 11. Failure of private prosecutor to appear 12. Mode of conducting private prosecution 13. Attorney-general may intervene in private prosecution 14. Costs in respect of process 15. Costs of private prosecution 16. Costs of accused in private prosecution 17. Taxation of costs 18. Prescription of right to institute prosecution CHAPTER 2.