SALRC Releases Discussion Papers 182 and 183 on Criminal Procedure Act Review

Posted 29 September 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The South African Law Reform Commission (SALRC) has issued Discussion Papers 182 and 183 as the concluding segment of its comprehensive review of the Criminal Procedure Act, No. 51 of 1977.

Under the SALRC’s statutory mandate to modernise criminal procedure, these two publications conclude the research phase of the 19-paper series initiated in February 2025. The Commission has set the deadline for public representations and written comments on both papers as 30 October 2026.

Scope of Discussion Papers 182 and 183

The papers propose legislative and regulatory reforms to align statutory procedures with constitutional standards:

  • Discussion Paper 182 (Detention of Witnesses and Witness Fees): Reviews the constitutional validity of statutory mechanisms permitting the detention of material witnesses under the Criminal Procedure Act, No. 51 of 1977, and assesses existing statutory tariff structures governing the compensation and reimbursement of witness expenses.
  • Discussion Paper 183 (Language Rights in Criminal Proceedings): Evaluates South Africa’s constitutional and international treaty obligations to uphold, protect, and advance language rights in court, directly addressing court interpretation standards in the context of the right to a fair trial under section 35 of the Constitution of the Republic of South Africa, 1996.

What this means for you, your business, or your clients

  • For yourself: Criminal litigators and procedural specialists should examine the proposed constitutional thresholds for witness detention and language rights to inform current trial strategy, interpretation challenges, and witness handling.
  • For your business: Legal practices, bar associations, and advocacy groups must calendar the 30 October 2026 deadline to draft and submit formal institutional comments on the proposed statutory revisions.
  • For your clients: Corporate and individual clients involved in criminal proceedings as witnesses or accused parties face prospective changes to compensation tariffs, statutory detention protections, and enhanced interpretation rights during testimony.

Originally published at https://legalacademy.co.za/news/read/criminal-procedure-act-review-two-more-dicussion-papers-out-for-comment

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