Project 151

The Review of the Criminal Procedure Act 51 of 1977

(A sub-project of the Review of the Criminal Justice System)

This project seeks to contribute to a new criminal procedure law that is modernised and conforms to the country's democratic Constitution and its underlying values and principles. The various Discussion Papers seeks to, among others:

  • Discussion Paper 164: Review of the Criminal Justice System: Alternative Dispute Resolution in Criminal Matters (Pre-Trial Processes, Part B)
    Formalise the use of ADR and diversion in criminal matters involving adults by way of legislation; provide for the legislative regulation of both conditional withdrawals of prosecution and adult diversion; align the admission of guilt fines regime so that it works in synergy with the overarching principles of pre-trial ADR; amend the guilt fines regime in this regard by removing all penalty provisions; re-investigate plea and sentence agreements, but only to determine outlined implementation challenges and whether the agreements are being utilised as a way of expediting the finalisation of cases in a way that supports both the public interest and the effective administration of justice; and ensure that related principles of pre-trial ADR (embodying, as it does, those of restorative justice) apply with equanimity, and to include additional conditions over and above the payment of reparation, for example, by providing for participation of an offender into a community service programme.
  • Discussion Paper 165: Review of the Criminal Justice System: Non-Trial Resolutions: Deferred Prosecution, Alternative Dispute Resolution and Non-Prosecution (Pre-Trial Processes, Part A)
    The wide use of Non-Trial Resolutions (NTRs), of which DPAs are one sub-type. NTRs are 'any agreement between a legal or natural person and an enforcement authority to resolve bribery cases without a full trial on the merits of the allegations either before or after conviction (e.g. plea deals) or a non conviction mechanism (e.g. non-prosecution or deferred-prosecution agreements)'.
  • Discussion Paper 166: Review of the Criminal Justice System Reform of the Arrest Dispensation
    Refine the provisions on arrest to provide that a person may not be arrested for any reason other than ensuring his or her attendance in court, for reasons outlined in section 41(1) or to ascertain his or her bodily features as contemplated in sections 36A to 37, if he or she refuses to cooperate; and allow for arrest in cases where failure to do so will likely result in harm to the suspect or a witness, the continuation of an offence, the interference with evidence or the undermining of the interests of justice.
  • Discussion Paper 167: Review of the Criminal Justice System: Review of South Africa's Bail System
    Improving participatory rights of victims of crime (and by extension complainants and witnesses) in the criminal justice system in general and bail proceedings; postponement of bail proceedings, refusal to grant bail and delays in the finalisation of criminal matters and resultant lengthy pre-trial detention and overcrowding in correctional facilities; affordability of bail; fixed residential address as a prerequisite for bail; strengthening police powers to grant bail; regulating bail pending appeal; and granting bail to foreign nationals.
  • Discussion Paper 169: Mental and Intellectual Disability and the Criminal Justice System
    Enhance access to justice and equality for the alleged perpetrators, accused persons, victims of crime and witnesses with mental disabilities.
  • Discussion Paper 170: Protection of the Rights of Victims of Crime in Criminal Proceedings (Reflections on Previous Investigations Pertaining to Victims of Crime)
    Recognise and advance the rights of victims of crime without compromising the accused' right to a fair trial.
  • Discussion Paper 171: Ensuring the Continuity of Criminal Trials: Reforming the De Novo Rule and Court Record Management in South Africa
    Presents a comprehensive analysis of deficiencies (legislative, technological, and administrative) within the South African criminal justice system that prevent the continuation of part-heard criminal trials by a new presiding officer. To ensure this analysis adheres to plain language drafting principles, the Latin expression "trial de novo" has been replaced throughout this paper with English equivalents such as "trial anew," "trial afresh," or "retrial," except where the context requires its use. However, the reform of this rule is shown to be entirely dependent on solving a related challenge: the systemic failures in court record management.
  • Discussion Paper 172: Employment of Lay Assessors
    Reform the trial afresh (de novo) rule by permitting trials to proceed before subsequent presiding officers in the instance where the initial judicial officer is, for any reason whatsoever unavailable; This is in the quest to minimise further delay in the trial.
  • Discussion Paper 173: Strengthening Governance and Accounting Mechanism in the Criminal Justice System
    Harmonise the assessor's dispensation of the Magistrates' Court with that applicable in the High Court in the quest to advance single judiciary.
  • Discussion Paper 174: The Right To a Fair Trial – The Need to Obviate Delays
    Strengthen the accountability and oversight mechanisms within the CJS through, among others, the establishment of accurate, credible and reliable criminal justice information management systems.
  • Discussion Paper 175: Review of the Laws Pertaining to Evidence in Criminal Proceedings
    Transform the law of evidence relating to criminal proceedings thus ensuring that it is consistent with the constitutional right to a fair trial, including the protection of the rights of accused persons and victims of crime and witnesses.
  • Discussion Paper 176: Offences and Competent Verdicts in the Criminal Procedure Act 51 of 1977
    The first part of this discussion paper examines these provisions in terms of their current context, primarily in the Criminal Procedure Act 51 of 1977, in order to assess their ongoing usefulness in the envisaged new criminal procedure legislation. The second part of the paper discusses the existing competent verdicts under the Criminal Procedure Act 51 of 1977, to ascertain whether these provisions have a role to play in the envisaged new criminal procedure dispensation.
  • Discussion Paper 177: The Right to Legal Representation.
    This discussion paper is specifically concerned with the Constitutional right to legal representation and the right to legal representation at State expense as provided for under sections 35(2) and 35(3)(3) of the Constitution, as well as the Constitutionality of the provisions of sections 7-17 of the CPA with respect to private prosecution.
  • Discussion Paper 178: Mercy and Pardon
    This paper is narrow in scope and focuses on whether the provisions in the Criminal Procedure Act 51 of 1977 (CPA) are able to pass the constitutional muster, as the CPA predates the Constitution.
  • Discussion Paper 179: Expungement of Criminal Records
     This paper is narrow in scope and invites comments on certain challenges and proposals regarding the expungement of a person's criminal record after a prescribed period has elapsed since the date of conviction.
  • Discussion Paper 180: Criminal Jurisdiction
    This discussion paper deals with the concept of criminal jurisdiction in the context of the Criminal Procedure Act 51 of 1977, in particular Chapter 16 of the CPA, which is titled "Jurisdiction".
  • Discussion Paper 181: Review of the Law - Contempt of Court
    This paper is narrow in scope and focuses on whether the provisions in the Criminal Procedure Act 51 of 1977 (CPA) are able to pass the constitutional muster, as the CPA predates the Constitution.
  • Discussion Paper 182: Review of the Law on Detention of Witnesses and Witness Fee in Criminal Proceedings
    The outcome of the workshops will assist the SALRC in developing a framework for the scope of the review of the CJS and conceptualising the issues to be addressed. The framework outlines several thematic areas related to the pre-trial, trial and post-trial phases. These thematic areas have been identified as they relate to areas of our criminal law, particularly the CPA, that need reform.  This discussion paper stems from the thematic area that deal with the detention of witnesses and witness fee.
  • Discussion Paper 183: Reforming the South African Criminal Procedure Act to Uphold Language Rights
    The discussion paper sets out South Africa's obligations to respect, protect, ensure and promote language rights as it pertains to the constitutional guarantee of the right to a fair trial.

Media Statements

Discussion Papers

  • Discussion Paper 183 - Reforming the South African Criminal Procedure Act to Uphold Language Rights. Closing date for comments: 30 October 2026
  • Discussion Paper 182 - Review of the Law on Detention of Witnesses and Witness Fee in Criminal Proceedings. Closing date for comments: 30 October 2026
  • Discussion Paper 181 - Review of the Law - Contempt of Court. Closing date for comments: 02 October 2026. Amended: 21 September 2026.
  • Discussion Paper 180 - Criminal Jurisdiction. Closing date for comments: 02 October 2026. Amended copy published on 01 Sep 2026.
  • Discussion Paper 179 - Expungement of Criminal Records. Closing date for comments: 02 October 2026.
  • Discussion Paper 178 - Mercy and Pardon. Closing date for comments: 02 October 2026.
  • Discussion Paper 177 - The Right to Legal Representation. The Right to Legal Representation. Closing date for comments: 02 October 2026.
  • Discussion Paper 176 - Offences and Competent Verdicts in the Criminal Procedure Act 51 of 1977. Closing date for comments: 02 October 2026.
  • Discussion Paper 175 - Review of the Laws Pertaining to Evidence in Criminal Proceedings. Closing date for comments: 15 May 2026.
  • Discussion Paper 174 - The Right To a Fair Trial – The Need to Obviate Delays. Closing date for comments: 15 May 2026.
  • Discussion Paper 173 - Strengthening Governance and Accounting Mechanism in the Criminal Justice System. Closing date for comments: 31 March 2026. [Revised 27 Feb 2026 / Original copy issued 16 Feb 2026]
  • Discussion Paper 172 - Employment of Lay Assessors. Closing date for comments: 31 March 2026. [Revised 27 Feb 2026 / Original copy issued 16 Feb 2026]
  • Discussion Paper 171 - Ensuring the Continuity of Criminal Trials: Reforming the De Novo Rule and Court Record Management in South Africa [Revised 27 Feb 2026 / Original copy issued 16 Feb 2026]
  • Discussion Paper 170 - Protection of the Rights of Victims of Crime in Criminal Proceedings (Reflections on Previous Investigations Pertaining to Victims of Crime) Closing date for comments: 31 March 2026. [Revised 27 Feb 2026 / Original copy issued 16 Feb 2026]
  • Discussion Paper 169: Mental and Intellectual Disability and the Criminal Justice System [Revised 27 Feb 2026];
  • Discussion Paper 167, Project 151: Review of the Criminal Justice System: Review of South Africa’s Bail System. Closing date for comments: 31 March 2025 extended to 14 May 2025. [MS Word version].
  • Discussion Paper 166, Project 151: Review of the Criminal Justice System Reform of the Arrest Dispensation. Closing date for comments: 31 March 2025 extended to 14 May 2025. [MS Word version].
  • Discussion Paper 165, Project 151: Review of the Criminal Justice System: Non-Trial Resolutions: Deferred Prosecution, Alternative Dispute Resolution and Non-Prosecution (Pre-Trial Processes, Part A). Closing date for comments: 31 March 2025 extended to 14 May 2025. [MS Word version].
  • Discussion Paper 164, Project 151: Review of the Criminal Justice System: Alternative Dispute Resolution in Criminal Matters (Pre-Trial Processes, Part B). Closing date for comments: 31 March 2025 extended to 14 May 2025. [MS Word version]

Report

  • Report on National Conference on the Integrated Criminal Justice System and the Review of the Criminal Procedure Act, 1977 (Act No. 51 of 1977): Strengthening the Criminal Justice System to keep our People Safe and Secure, February 2024 [Released 08 Oct 2025]
    The Department of Justice and Constitutional Development (DoJ & CD) hosted a three-day national conference on 27 – 29 February 2024. The objective of the conference was to take stock and critically reflect on the progress achieved in the implementation of the Justice, Crime Prevention and Security (JCPS) 7-Point Plan, aimed at promoting an integrated and modernised Criminal Justice System. The conference provided a platform for robust engagements on the criminal justice system and the Review of the Criminal Procedure Act, of 1977.