CJ4960MOD5Paper2HW.docx | School Graders

Running Head: CRIMINAL LAW OF SOUTH AFRICA 1

CRIMINAL LAW OF SOUTH AFRICA 7

Criminal Law of South Africa

Project two: Criminal Law of South Africa

Background of the Country

South Africa is the southernmost country in the continent of Africa, most recognized for its varying topography, cultural diversity, and enhanced natural beauty, characteristics that have made the nation a favorable tour destination for most tourists since the end of the apartheid rule ("South Africa," n.d.). The country lies several miles from major African countries like Cairo and Lagos and close to 6000 miles far from North America, Europe, and Eastern Asia, a location where a majority of its trading partners are situated thus aiding the country to reinforce the apartheid official system for the vast part of the 20th century("South Africa," n.d.).

Demographically, the population of South Africa is approximated to be close to 60.1 million individuals of varying cultures, origins, religions, and languages ("Demographics of South Africa," 2001). Census was recently conducted in 2011 though the next is being anticipated in 2021. based on the 2011 statistics, there were close to 2.1 million foreigners despite the numerous statistical reports suggesting that there could be underestimation in the statistical figures since the real figure could be close to 5 million not excluding the three million Zimbabweans ("Demographics of South Africa," 2001). The South African government permits its individuals to describe themselves in census-based on their racial population groups whereby the 2011 census figured out that 80.2% of the population were black Africans,8.4% were whites,8.85 were colored,2.5% were Asians or Indians and other unspecified populations were close to 0.5%("Demographics of South Africa," 2001).

Methods in which sovereignty was attained in South Africa include the supremacy of the South African constitution, non-racialism, sexism, advancement in the various human rights and freedoms, and human dignity(South African Government | Let's grow South Africa together, n.d.). As such, South Africa is among the sovereign and democratic states not only in Africa but also in the entire world.

Economic Structure of South Africa

South Africa's economic structure is mixed with centralized, socialist, and capitalists economic structures (Tennant, 2018). The major sectors which keep South Africa's economy running include the wholesale and retail sectors, transport sector, mining sector, tourism and agricultural sectors, and the manufacturing sector (Tennant, 2018). The economy has traditionally rooted its primary sectors, all of which are a result of wealth favorable agricultural conditions, and mineral sources (Tennant, 2018).

Government Structure in South Africa

South Africa has a democratic type of government ("Structure and functions of the South African government," n.d.).South Africans constitutional democracy constitutes three systems of government and also an independent judiciary. The provincial, national and local government levels contain executive and legislative and executive authority in their spheres and are also defined in the South African constitutions as being interrelated, distinctive, and interdependent("Structure and functions of the South African government," n.d.).Methods of selecting officials in branches in South Africa include the election of members of parliament rather than individuals directly.

Legal tradition of South Africa

South Africa has a hybrid mixed legal system that is usually formed by interweaving several distinct legal traditions, all of which are civil legal systems that are passed on from the Dutch people, law systems that were also inherited from the British and indigenous Africans who are always termed as the African customary law, all of which are several variations that depend on the tribal origins ("Law of South Africa," 2006).

Source of Substantive Criminal Law in South Africa

The sources of substantive criminal law in South Africa are contained in the legislation, case law, and common law ("South African criminal law," 2012). The study of substantial criminal laws is divided into two broad sections such as the applicability of crimes availability, and the examination of definitions and specific requirements of various specific offenses and individual crimes ("South African criminal law," 2012). As such, the study of criminal law mainly focuses on substantive law. However, a proper distinction may be drawn between both international and national criminal law.

Source of Procedural Criminal Law in South Africa

Criminal procedural law in South Africa entails the adjudication procedures of that country's criminal law. The procedures constitute the part of adjectival and procedural law and also describe the several ways in which the substantive counterparts and the South African criminal law are applied ("South African criminal law," 2012). Additionally, the criminal procedures concern the enforcement of individual's rights during the criminal processes. Examples of various procedural issues include filing of charges trial, appeal, and human rights during the investigation of law enforcement processes.

Describe the Procedural Protections

References

Demographics of South Africa. (2001, May 27). Wikipedia, the free encyclopedia. Retrieved September 25, 2021, from

Law of South Africa. (2006, April 14). Wikipedia, the free encyclopedia. Retrieved September 25, 2021, from

South Africa. (n.d.). Encyclopedia Britannica.

South African criminal law. (2012, February 14). Wikipedia, the free encyclopedia. Retrieved September 25, 2021, from

(n.d.). South African Government | Let's grow South Africa together.

Structure and functions of the South African government. (n.d.). South African Government | Let's grow South Africa together.

Tennant, J. (2018, October 16). SA's key economic sectors. Brand South Africa.