NCJ Number
169637
Date Published
1997
Length
38 pages
Annotation
This report provides information and statistics on South Africa's criminal justice system, including its police, courts, and corrections.
Abstract
South Africa has three branches of government: legislative, executive, and judicial. The doctrine of parliamentary supremacy and the absence of a Bill of Rights limits the degree to which there are checks and balances. The criminal justice system is administered nationally. It is an adversarial system in which state prosecutors present cases against the accused, who has a right to be represented by a lawyer. One of the vestiges of the process of indirect rule during colonial times is the urban equivalent of the chief's courts in the African townships. Under the Black Administration Act no. 38 of 1927, certain Africans can acquire the right to convene courts and hear matters in which customary law is applied. In this report a section on crime addresses the classification of crimes and crime statistics. A section on crime victims focuses on the groups most victimized by crime, victims' assistance agencies, the role of victims in prosecution and sentencing, and victims' rights legislation. The section on police describes administration, resources, technology, training and qualifications, discretion, and accountability. In discussing prosecutorial and judicial process, attention is given to the rights of the accused and criminal procedures. A section on the judicial system considers administration, special courts, and judges. Other sections consider penalties and sentencing, prisons, and extradition and treaties. 67 references