Acts Online
GT Shield

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

Schedules

Schedule 5

 

(Sections 58 and 60(11) and (11A) and Schedule 6)

 

Treason.

 

Murder.

 

Attempted murder involving the infliction of grievous bodily harm.

 

Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, in circumstances other than those referred to in Schedule 6.

 

Any trafficking related offence by a commercial carrier as contemplated in section 71(6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.

 

Any offence referred to in sections 5, 6, 7, 8(1) and 23 and involvement in these offences as provided for in section 10 of the Prevention and Combating of Trafficking in Persons Act, 2013.

[Schedule 5 item substituted by section 12 of Act No. 8 of 2017]

 

Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), if it is alleged that—

(a) the value of the dependence-producing substance in question is more than R50 000,00; or
(b) the value of the dependence-producing substance in question is more than R10 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
(c) the offence was committed by any law enforcement officer.

 

Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi-automatic firearm, explosives or armament.

 

Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act No. 75 of 1969), on account of being in possession of more than 1 000 rounds of ammunition intended for firing in an arm contemplated in section 39(2)(a)(i) of that Act.

 

Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004—

(a) involving amounts of more than R500 000,00; or
(b) involving amounts of more than R100 000,00, if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
(c) if it is alleged that the offence was committed by any law enforcement officer—
(i) involving amounts of more than R10 000,00; or
(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.

 

Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively on a child under the age of 16 years.

 

An offence referred to in Schedule 1—

(a) and the accused has previously been convicted of an offence referred to in Schedule 1; or
(b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1.

 

The offences referred to in section 4(2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004

 

Any offence referred to in section 2, 4, 5, 6 or 9 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).

 

Any offence referred to in—

(a) section 54(1) of the International Trade Administration Act, 2002 (Act No. 71 of 2002);
(b) section 32(1)(a), (b), (c), (d), (k) in so far as that paragraph relates to section 21(1), (l), (m) or (o) of the Second-Hand Goods Act, 2009 (Act No. 6 of 2009); or
(c) section 36 or 37 of the General Law Amendment Act, 1955 (Act No. 62 of 1955),

if it is alleged that ferrous or non-ferrous metal which formed part of essential infrastructure, as defined in section 1 of the Criminal Matters Amendment Act, 2015, is involved.

 

Theft of ferrous or non-ferrous metal which formed part of essential infrastructure, as defined in section 1 of the Criminal Matters Amendment Act, 2015—

(a) if it is alleged that the offence caused or has the potential to cause—
(i) interference with or disruption of any basic service, as defined in section 1 of the aforementioned Act, to the public; or
(ii) damage to such essential infrastructure; or
(b) if it is alleged that the offence was committed by or with the collusion or assistance of—
(i) a law enforcement officer, as defined in section 51(8) of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997);
(ii) a security officer, as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), who was required to protect or safeguard such essential infrastructure;
(iii) an employee of, or contractor appointed by, the owner or the person in charge of such essential infrastructure; or
(iv) a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.

 

An offence referred to in section 3 of the Criminal Matters Amendment Act, 2015.

 

[Schedule 5 item amended by section 4 of Notice No. 1241, GG 39522, dated 15 December 2015]