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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 27 : Previous Convictions

271DA. Revoking of certificate of expungement erroneously issued


(1) Where the Director-General: Justice and Constitutional Development, in terms of section 271B(2) or 271C(3), or the Minister, in terms of section 271C(5)(b), has issued a certificate of expungement and it subsequently appears that the applicant did not qualify for the expungement of his or her record, the Director-General must—
(a) inform the applicant in writing of the information that has come to his or her attention and that he or she or the Minister intends to revoke the certificate of expungement;
(b) afford the applicant an opportunity to furnish compelling written reasons to him or her or the Minister, within 90 working days after the applicant has been informed of the intention to revoke, why his or her record should remain expunged;
(c) inform the applicant in writing within 30 working days after a decision is made of—
(i) his or her or the Minister's decision; and
(ii) the reasons for revoking the certificate of expungement; and
(d) inform the head of the Criminal Record Centre of the South African Police Service in writing within 14 working days after the decision was made, to revoke the certificate of expungement and to reinstate the convictions and sentences in question.


(2) If the applicant fails to furnish compelling written reasons contemplated in subsection (1)(b), the Director-General or the Minister, as the case may be, may, subject to the Promotion of Administrative Justice Act, 2000 (Act No. 2 of 2000), revoke the certificate of expungement.


[Section 271DA inserted by section 8 of Act No. 42 of 2013]