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

Schedules

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.

 

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.

 

Any conspiracy, incitement or attempt to commit any offence referred to in this Part.

 

Offences referred to in section 4(1) and (2) of the Prevention and Combating of Torture of Persons Act 13 of 2013.

 

Any conspiracy incitement or attempt to commit any offence referred to in the Part.

 

Any of the following offences under the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004):

(a) The offence of terrorism referred to in section 2 of the said Act;
(b) an offence associated or connected with terrorist activities referred to in section 3 of the said Act;
(c) a Convention offence as defined in section 1 of the said Act; or
(d) an offence referred to in section 13 or 14 of the said Act (in so far as it relates to the aforementioned sections).

 

[Schedule 2 Part II substituted by section 24(6) of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]

 

 

PART III

(Sections 59, 72, 185, 189)

[Part III heading of Schedule 2 substituted by section 11 of Act No. 8 of 2017 - effective 31 January 2020 as per Proclamation No. R. 5, GG42987, dated 31 January 2020]

 

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 No. 72 of 1982)

 

Offences referred to in section 4(1) and (2) of the Prevention and Combating of Torture of Persons Act 13 of 2013.

 

Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.

 

Treason.

 

Any of the following offences under the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004):

(a) The offence of terrorism referred to in section 2 of the said Act;
(b) an offence associated or connected with terrorist activities referred to in section 3 of the said Act;
(c) a Convention offence as defined in section 1 of the said Act; or
(d) an offence referred to in section 13 or 14 of the said Act (in so far as it relates to the aforementioned sections).

 

[Schedule 2 Part III substituted by section 24(6) of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]