Criminal Law Amendment Act 59 of 1983

The Criminal Law Amendment Act 59 of 1983 intends:

• to amend the Trespass Act, 1959, so as to increase the penalties for contravention of the said Act;
• to amend the Stock Theft Act, 1959, so as
  • to do away with an exception and an obligation applied in relation to the furnishing of a document of identification or the acquisition of a certain certificate in respect of stock or produce disposed of by a non-European who is not the registered owner of land, or obtained from any such non-European;
  • to empower a purchaser of stock or produce who in terms of an agreement of sale does not become the owner thereof merely by the delivery thereof, to drive, convey or transport such stock or produce along any public road as if he were the owner thereof;
  • to increase certain penalties for contravention of the said Act;
  • to further regulate the compensation for damage to or loss of stock or produce; and
  • to delete an obsolete provision and to replace certain obsolete expressions;
• to amend the General Law Amendment Act, 1972, so as to delete an obsolete provision; 
• to repeal the Stock Theft Amendment Act, 1973 [repealed in May 1983];
• to amend the Criminal Procedure Act, 1977, so as
  • to provide for the appointment of an additional attorney-general;
  • to further regulate the search of premises and arrests by private persons without warrant;
  • to further regulate the power of a magistrate's court to enquire into an accused person's failure to appear on a summons in any other magistrate's court;
  • to provide for the cancellation of bail at the request of an accused person;
  • to further regulate the obligation of an accused person to plead in a magistrate's court on a charge to be adjudicated in a division of the Supreme Court of South Africa or in a regional court;
  • to provide for the reception of the record of the proceedings in a magistrate's court as part of the record of the court in which an accused person is arraigned for summary trial;
  • to provide further for the. places to which proceedings may be adjourned and for the suspension of sentences of imprisonment;
  • to make different provision for the review of suspended sentences;
  • to provide further for the remittal of a case after the setting aside of a conviction and sentence based on a plea of guilty; and
  • to replace certain obsolete expressions; and
• to provide for matters connected therewith.

Commencement

• 11 May 1983, all Sections except Sections 3 to 4 and 11
• 11 June 1983, Sections 3 to 4
• 1 November 1983, Section 11 (Gazette 8937 of 21 October 1983)