Media Statement

Deputy Minister Andries Nel to host a media briefing on the release of Discussion Papers for the Review of the Criminal Procedure Act

20 February 2025

The Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, will on Thursday, 20 February 2025, host a media briefing on the release of four discussion papers by the South African Law Reform Commission (SALRC) on the review of the Criminal Procedure Act (CPA) in Pretoria. Published for public comment, these papers are a critical step in the ongoing efforts to modernise South Africa’s criminal justice system in line with the Constitution and contemporary justice imperatives.

The review seeks to address systemic challenges in the CPA, particularly in relation to provisions dealing with arrest, bail, alternative dispute resolution (ADR), and victim participation in the criminal justice process. These discussion papers focus specifically on the pre-trial stage, with additional papers on trial and post-trial reforms to follow. The findings and proposals outlined in the papers are informed by contributions from key stakeholders in the justice sector, including the South African Police Service, National Prosecuting Authority, Integrated Justice System, Legal Aid South Africa, Correctional Services, and the Civilian Secretariat for Police. The South African Law Reform Commission, represented by Justice Francis Legodi, Chairperson of the Advisory Committee on the Review of the Criminal System Project, along with members of the Advisory Committee, has played a key role in shaping these discussion papers. The key areas covered in the review include:

• Arrest Dispensation Reform: Promoting alternative measures, such as summons, to secure court attendance and reduce unlawful and unnecessary arrests.
• Bail System Reform: Ensuring a balanced approach that upholds the rights of accused persons while addressing public safety concerns, reducing lengthy pre-trial detention, and easing overcrowding in correctional facilities.
• Alternative Dispute Resolution (ADR): Advocating for the statutory recognition of mediation, diversion, and restorative justice mechanisms to improve access to justice and reduce court congestion. This includes the introduction of non-trial resolutions for economic crimes, incorporating deferred prosecution, non-prosecution agreements, and judicial oversight, underpinned by transparency, accountability, and fairness.
• Victim-Centric Reforms: Strengthening protections for victims, complainants, and witnesses, ensuring their voices are heard throughout the bail process and across the broader justice system.

Deputy Minister Nel will be joined at the briefing by his colleagues in the Justice, Crime Prevention, and Security (JCPS) Cluster, including the Deputy Minister of Correctional Services, Ms Lindiwe Ntshalintshali, and the Deputy Minister of Social Development, Mr Mogamad G.E. Hendricks. Their collective support underscores the government’s commitment to an integrated and victim-centred approach in strengthening the criminal justice system.

The details of the media briefing are as follows:

Date: Thursday, 20 February 2025
Time: 14h00 Venue: Ronnie Mamoepa Media Centre, GCIS Headquarters, Hatfield, Pretoria

Members of the Media are requested to confirm their attendance with Mr. Victor Phala on 0848885162.

Media Enquiries:
Ms Kgalalelo Masibi
Chief Director: Communication Management
Cell: +27 65 7470 323

Issued by the Department of Justice and Constitutional Development