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Parliament Passes Criminal Procedure Amendment Bill

11 May 2017

The African National Congress in Parliament is pleased by the passing of the Criminal Procedures Amendment Bill by the National Assembly today.

The introduction of the Criminal Procedure Amendment Bill 2017 follows the Constitutional Court ruling of 26th June 2015 that sub-sections 77(6)(a)(i) and (ii) of the Criminal Procedure Act, 1977 (Act No 51 of 1977) were inconsistent with the Constitution of the Republic of South Africa. Sub-section 77 (6)(a)(i) and (ii) makes provision for the compulsory imprisonment of an accused adult person, and compulsory hospitalisation or imprisonment of children who lack the intellectual capacity to understand what charges they face before a court of law.

This Amendment Bill [B 2-2017] seeks to amend the Criminal Procedure Act, 1977, with the intention to provide the courts with more options when issuing out orders, in matters were accused persons do not have the mental capacity to understand criminal proceedings. This also extends in matters were the accused, because of mental illness or mental defect, are not criminally responsible for the offenses that they are charged with.

As the ANC, we view this Amendment Bill as a crucial step in treating the mentally ill with the necessary protection and human dignity. The ANC in Parliament is confident that the Amendment Bill in its revised form meets constitutional muster.

ISSUED BY THE OFFICE OF THE ANC CHIEF WHIP

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Nonceba Mhlauli
Media Liaison Officer
07262334 62

     
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