Significant amendments to the Criminal Procedure Act are on the horizon and if passed into law, will provide for South Africans’ criminal records to be “expunged” by paying an admission of guilt fine. The changes recently came into the spotlight again, after the Minister of Justice and Correctional Services, Ronald Lamola, was asked by an ACDP MP whether or not he would be amending the Criminal

The national lockdown has resulted in a significant increase in law enforcement presence across the country. Around almost every corner, SAPS is on the lookout for anyone who breaks the lockdown laws, which are enforced under the Disaster Management Act. But for those who violate the law, mainly anyone who is arrested for a less serious crime, the SAPS may give the option to pay a fine. Many citizens don’t know that paying lockdown admission of guilt fines in South Africa isn’t necessarily a quick-fix solution to the legal problem and can have long-lasting consquences. Here’s what you need to

This is it, a moment you never thought you’d have to deal with in your life: you’re being arrested. You’re scared, emotional and unsure of what to do. Understandably, you’re not thinking straight, and images of being in a cold jail cell keep flashing in your mind making it almost impossible to think about your legal rights when getting arrested in South Africa. Unfortunately, few people even know what their rights are. Here’s the thing: you don’t have to face this

In late 2018, people across the country celebrated the decriminalisation of marijuana use in South Africa. The Constitutional Court ruled that laws prohibiting South Africans from cultivating and smoking dagga in private were unconstitutional. Lawmakers now have to create new laws and regulations that give clarity on exactly what “private use” means and the amount of dagga that smokers are allowed to grow and have in their possession. While this is good news for many, those who had previously been found

Over the last few years, Parliament’s police portfolio committee has frequently raised concerns over the growing number of civil claims against the South African Police Services. Just last year, the Minister of Police was ordered to pay almost R600 000 in damages to a teenager who was unlawfully arrested and detained. The teenager was arrested on suspicion of robbery and was subsequently thrown in a dirty jail cell and assaulted by inmates. Unfortunately, this isn’t an isolated incident. It is reported

In January 2019, Parliament’s portfolio committee on justice and correctional services adopted the Child Justice Amendment Bill and pushed the minimum age of criminal capacity of children from 10 years to 12 years. South African law currently states that children under the age of 10 do not have criminal capacity and cannot be prosecuted for committing crimes. Committee chairperson Madipoane Refiloe Moremadi Mothapo said, “The primary objective of the Child Justice Amendment Bill is to increase the minimum age of criminal

From New Year’s Eve to Guy Fawkes Day, for many, a celebration is incomplete without a good firework display. But before lighting up those crackers, it’s important to remember that it’s not just a free-for-all, and there are laws the regulate the use of fireworks in South Africa. Not complying with the rules could result in a hefty fine or time behind bars. It is worth noting that there are only a few specific days on which the public may set off fireworks (these include Diwali, New Year’s Eve and, of course, Guys Fawkes). The use of

Many South Africans across the country celebrated the Constitutional Court’s decision to decriminalise the private use of dagga. Last month, the Court confirmed that by making the private use of marijuana by adults a criminal offence, the law breached the constitutional right to privacy. In the euphoria that swept the nation after the ruling, many people misinterpreted or misunderstood just precisely what the judgement meant and what the legal parameters are. There are a few essential things you need to know about the legalisation of dagga in South Africa before lighting your next

With recent release of the latest crime statistics in South Africa, which revealed that 56 people are murdered every day, it’s clear that criminal activity in the country is on the rise. And when it comes to the most feared crime, a survey showed that house burglaries or home invasions topped the list. According to Africa Check, in 2017/18, 228,094 house