Archive for the ‘COVID-19’ Category

It is necessary to note that the legal position relating to arrest is unaffected by COVID-19 regulations. The Disaster Management Act does not suspend or restrict any right in the Constitution – all of which has been given expression to under the Criminal Procedure Act (51 of 1977 – the “CPA”) as interpreted by our Courts. This could be different if a state of emergency was or is declared (see section 37 of the Constitution). But no state of emergency has been declared – so that ordinary rights and laws regarding arrests prevail.

Reckless Ignorance of Law

Posted: 24th May 2020 by James Grant in COVID, COVID-19, Criminal Law, Regulations, Virus
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No person may be compelled to given an explanation to a police officer as to any circumstance in which she or he is found without infringing that person’s right to silence.

Government has published the regulations governing conduct under level 4. Notably, the period of the “lockdown” remains what it was – as amended: 26 March – 30 April: ‘lockdown’ means the period between 23H59 on 26 March 2020, until 23H59 on 30 April 2020, Definitions section – Reg 480 of 29 April 2020 The significance […]