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Criminal Procedure Matters Amendment Act, 1978 (No. 79 of 1978)
GENERAL EXPLANATORY NOTE:
Words underlined with solid line indicate insertions in existing enactments.
Act
- to amend
- the Internal Security Act, 1950 [repealed in 1991], and
- the Criminal Procedure Act, 1977,
- with regard to the detention of witnesses; and
- to provide for incidental matters.
(English text signed by the State President.)
(Assented to 29 May 1978.)
Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
Amendment of section 12B of Act 44 of 1950, as inserted by section 6 of Act 79 of 1976.
1. (1) Section 128 of the Internal Security Act, 1950, is hereby amended by the substitution for subsection (3) of the following subsectton.
'' (3) Any person arrested and detained under a warrant in terms of subsection (1) shall be detained for the period terminating on the day on which the criminal proceedings
concerned are concluded, unless-
(a) the attomey~general orders that he be released earlier; or
(b) such proceedings have not commenced within six months from the date on which he was so arrested, in which case he shall be released after the expiration of
such period. ".
(2) The provisions of subsection (1) shall also apply to any person detained at the commencement of this Act in terms of section 12B of the Internal Security Act, 1950.
Amendment of section 185 of Act 51 of 1977.
2. (1) Section 185 of the Criminal Procedure Act, 1977, is hereby amended by the substitution for subsection (4) of the following subsection:
" (4) Any person detained under a warrant in terms of subsection (2) shall be detained for the period terminating on the day on which the criminal proceedings concerned are concluded, unless-
(a) the attomey-general orders that he be released earlier; or
(b) such proceedings have not commenced within six months from the date on which he is so detained, in which case he shall be released after the expiration of such period. ".
(2) The provisions of subsection (1) shall also apply to any person detained at the commencement of this Act in terms of section 185 of the Criminal Procedure Act, 1977.
Short title.
3. This Act shall be called the Criminal Procedure Matters Amendment Act, 1978.
Commencement
2 June 1978
