The historical progression of section 49 of the Criminal Procedure Act 51 of 1977: an overview of the past to present in line with the Constitution of South Africa.

Abstract

Police officers are the people that need to utilise the law, especially with regard to effecting an arrest. They would need to know how to apply force in various situations and what limitations are there. It is therefore important for them to understand the purpose of section 49 of the Criminal Procedure Act 51 of 1977, and how to effect a lawful arrest. Crime is rife in South Africa and therefore section 49 had to undergo numerous amendments through the years to try and ensure that the police officials are using reasonable force when apprehending suspects, while also protecting the offender and his right to life. This dissertation aims at examining the three main versions of section 49, which are the 1977 version, the 2003 version and the current version of 2012. The purpose of this examinations is ultimately to assess whether the current 2012 version of section 49, which came about as a result of the Cavender v Minister a/Safety and Security 2001 (4) SA 273 (SCA) and Ex Parte Minister a/Safety and Security: in re S v Walters 2002 (4) SA 613 (CC) complies with these two landmark cases, and is therefore constitutional.