Deputy Minister of Justice and Constitutional Development, Andries Nel, says the South African justice system, including the Criminal Procedure Act 51 of 1977 (CPA), needs to be transformed to be more effective, integrated, victim-centred, and aligned with the Constitution. Mr Nel, who has been tasked with the responsibility on matters relating to the work of the South African Law Reform Commission (SALRC) and the Integrated Criminal Justice System, briefed the media on 20 February 2025 on the release of four discussion papers by the Advisory Committee on Criminal Procedure Reform Investigation, which is reviewing the CPA. The discussion papers were introduced and published by the SALRC for public comment.
Mr Nel said this resulted from the concerns of South African people about crime and their right to safety. He added that some believe the South African justice system does not reflect the values enshrined in the Constitution and see it as oppressive and a relic of apartheid that remains untransformed. While others say that the Constitution goes overboard, and the criminals enjoy more rights than the law-abiding citizens, especially victims of crime. That police use too much force when arresting criminals and others say that the police are too soft, or they are not given enough power to do their work.
Mr Nel pointed out that some say the accused cannot afford bail, while others argue that the accused are granted bail too easily, allowing them to continue committing crimes and harassing victims and witnesses. He added that while some have described SA prisons as five-star hotels for criminals, others say they are overcrowded, and no rehabilitation takes place. He said that while some may see these views as contradictory, everyone agrees that things cannot stay the same and must fundamentally change. Mr Nel said that some of these matters are complex and, to some extent, highly controversial. ‘However, we must ensure that through well-informed, evidence-based dialogue and discussion, we generate more light than heat, so that we can indeed find solutions,’ he said.
In 2024, former Minister of Justice, Ronald Lamola held a National Conference on the Integrated Criminal Justice System and the Review of the Criminal Procedure Act 51 of 1977 on 27 to 29 February (see Kgomotso Ramotsho ‘Criminal Procedure Act should prioritise victims of crime’ (www.derebus.org.za)). The conference held in Boksburg aimed, among other things, to provide a platform for initial public consultation to critically engage with preliminary findings and proposals of the review of the CPA investigation, which forms part of the broader review of the Criminal Justice System in South Africa investigation.
Out of that conference one of the burning issues that was raised by stakeholders was the issue of victim’s rights and support, as well as bail conditions in South Africa. In their investigation, the advisory committee appointed in November 2023 by Mr Lamola, and chaired by former Judge President of the Mpumalanga Division of the High Courts, Francis Legodi, came up with four discussion papers that focuses on –
- Arrest Dispensation Reform;
- Bail System Reform;
- Alternative Dispute Resolution; and
- Victim Centric Reform.
Mr Nel pointed out that the review of the CPA is a sub-project of the overall Integrated Criminal Justice System. He added that the review of the CPA seeks to address systemic challenges in the Act particularly the provision that deal with arrest, bail, alternative dispute resolution and victim participation in the criminal justice process. He said that a review of the trial and post-trial processes will be released at a later stage. Mr Nel also announced that the SALC will be embarking on an extensive and intensive process of consultations and visits to different provinces to form part of the process.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
