The gross effect of the operation of section 49(1) and (2) of the criminal procedure act no.51 of 1977, as amended, on the basic human rights of individuals
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Date
1995-10
Authors
Dikgale, Hardley Bunongoe
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Free State (South Campus)
Abstract
This study seeks to explore the origins of the South African rule of law
which authorises the use of deadly force in the course of effecting or
completing lawful arrests and to consider the scope of this privilege in the
modern Jaw as well as its impact on the basic human rights of individuals.
Since this dissertation involves a comparative approach, the comparative
history of the provisions of Section 49 in this and other countries is
surveyed briefly in Chapter One. This chapter is also intended to deal
briefly with the provisions of Chapter Three, especially Section 7, 9, 33
and 35, of the Constitution of the Republic of South Africa Act 200 of
1993, as amended.
Chapter Two offers an exposition of the use of deadly force by the
Security Forces in other jurisdictions, namely the United States of America
and the United Kingdom.
Chapter Three begins with an evaluation of the dilemmas of police deadly
force and proceeds to deal with statistical data depicting the deaths and
injuries due to police action as well as settled and pending court
proceedings involving the police.
Chapter Four offers a catalogue of recommendations for reform of the
legislation. Finally Chapter Five will be my conclusion, where I will refer
back to the topic to see if the problem has been adequately addressed.
Description
Keywords
Criminal procedure, Human rights -- South Africa, Criminal procedure -- South Africa, Dissertation (LL.M. (Procedural Law))--University of the Free State, 1995