Criminal Procedure Act

The corruption charge against the Generals and Ms Mokwele is defective and liable to be challenged as it does not comply with PRECCA and the Criminal Procedure Act.

“I concluded that the corruption charge, as it stood, was defective and did not comply with the definitional elements of PRECCA and was liable to be challenged in terms of section 85 of the Criminal Procedure Act.”

Adv Serunye contends there was nothing wrong with what the Magistrate did as the Criminal Procedure Act allows such conditions in the interest of justice, even if not requested by the State or addressed at the time.

“there was ... nothing wrong with what the Magistrate did ... the Criminal Procedure Act allows him to do what he did . Section 60 (12) says the Magistrate can impose any conditions which in the interest of justice would make him to come to it”

Section 28 of the legislation is invasive and lacks checks and balances, allowing unlimited control by one person without checks, leading to severe abuse since the start of the witness's tenure at ID.

“Section 28 does not have any checks and balances and it can be likened to a section 205 of the Criminal Procedure Act. It is invasive. It is exceptionally invasive, but section 205 of the Criminal Procedure Act allows for a person to make submissions to a Magistrate or a Judge to explain why we are now invading this person’s privacy, or we need this information. Section 8 allows unlimited control by one person without any checks or balances, and that is how we were investigated, throughout that.”

Investigators under subsection (2) of section 29 of the NPA Act have the same powers as a peace officer or police official under the Criminal Procedure Act.

“An investigator under subsection (2) has the same powers as a peace officer or a police official as provided for in the Criminal Procedure Act...”

The State wished to continue with the plea agreement but the other side (representing Mr Matlala) opposed continuation, signaling the criminal procedure act treats it as if no plea negotiations happened.

“he asked the State, what is your contention? The State said, oh, we wish to continue. He asked us and we said, no, we assail from the agreement. What then happens in terms of the Criminal Procedure Act is that it is as if there was never any plea negotiations happen.”

Chief Mashaba believes the Criminal Procedure Act grants him powers similar or equivalent to police powers including search, seizure and arrest.

“it gives us a power and authority to, let me say, almost acts similar or exactly powers that the police has”

Chief Mashaba admitted that under the Criminal Procedure Act he believes he can search and seize even in matters that may fall outside his usual powers.

“yes, that is what I, that is what I, correct”

The Chairperson explained to Chief Mashaba that the Criminal Procedure Act must be read within the limits of the powers the witness otherwise has.

“all that the Criminal Procedure Act does is to say this is how you arrest...That must be read within the powers that you otherwise have”

Experts from the Local Criminal Records Centre or Forensic Science Laboratory make statements regarding their work at the scene under section 212 of the Criminal Procedure Act, and their compiled photo albums are deemed accurate and unmanipulated evidence.

“when an expert from the Local Criminal Records Centre or Forensic Science Laboratory attends a scene, they do a statement. It is in terms of section 212 of the Criminal Procedure Act. And it is deemed that they have done their work correctly and they have not manipulated the exhibits, and it is done as such, and they have compiled an album, and they are saying that it is true as such. That is what this statement is.”

Police have access to the depot and can lawfully seize drugs under various legislative Acts including the Criminal Procedure Act, Drugs and Drug Trafficking Act, Medicines Control Act, and Customs and Exiles Act.

“The police is allowed to be there. It is part of our duties. If I have got information of the drugs being there, there is elements in the Criminal Procedure Act, the Drugs and Drug Trafficking Act, the Medicines Control Act. They allow certain elements there. We can also rely on the Customs and Exiles Act because we can enforce that. So if you are asking how would a policeman go in there and take it and drive out, you could.”