Department of Justice and Constitutional Development
Section 1 of the Criminal Procedure Amendment Act of 2008 is now in effect in terms of certain magisterial districts.
In a proclamation published in the Government Gazette, 11 November 2011 is declared as the date on which the section comes into operation.
A number of magisterial districts are added to the list of those in which section 1 now applies.
The list includes:
• Alberton
• Benoni
• Boksburg
• East London
• Germiston
• Inanda
• Johannesburg
• Kempton Park
• Krugersdorp
• Mdantsane
• Moretele
• Mthata
• Odi
• Pietermaritzburg
• Randburg
• Roodepoort
• Uitenhage
• Umlazi
• Vanderbijlpark
• Vereeniging
• Wonderboom
The legislation allows for certain criminal proceedings against an accused person to be postponed by means of an audio or audiovisual link.
It sets down the technical requirements for the use of the audiovisual link.
Any correctional facility that has been equipped with the proper equipment can be used to postpone proceedings.
The remote point is to be regarded as being a part of the court.
According to the legislation, a remote point means a “room or place at the designated correctional facility where the accused person appearing through audiovisual link is located”.
The legislation also instructs the presiding officer to make use of the audiovisual link to check on the physical and mental well-being of the accused.
Any communication between an accused person and his or her legal representative via audio or audiovisual link will be treated as confidential as if the communication took place face to face.
Sabinet Cape Town Office
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