Criminal Procedure & Evidence Amendment Bill (HB 2-2015)

CRIMINAL PROCEDURE AND EVIDENCE AMENDMENT BILL, 2015

MEMORANDUM

The Criminal Procedure and Evidence Act [Chapter 9:07], as its name implies, regulates the procedure that must be followed in criminal investigations and prosecutions, and the evidence that may be produced in criminal cases. The principal aim of this Bill is to align its provisions with the new Constitution. The Bill will also seek to update the principal Act in some respects. In the course of the preparation of this Bill, extensive consultations were made with the Law Society of Zimbabwe and other interested parties.

The main amendments are directed at the following objectives:
- To ensure that suspects who have been arrested arc accorded the rights which the Constitution guarantees them, such as the right to remain silent, the right to contact their friends and relatives and their legal and medical advisers, and the right to be brought to a court within 48 hours.
- To define the compelling reasons justifying the continued detention of the suspects, as required by section 50 of the Constitution.
- To ensure that accused persons receive fair trials, as required by section 69 of the Constitution.
- To substantially improve the provisions connected with the seizure, custody and disposal of articles for the purpose of criminal proceedings, so as to bring them into conformity with section 71 of the Constitution.
- To provide for judicial conferences to formulate sentencing guidelines.
- To repeal unconstitutional provisions relating to the death penalty.
The contents of the individual clauses of the Bill are explained below. In this memorandum, the Criminal Procedure and Evidence Act will be referred to as "the Act". In the Bill itself it is called "the principal Act".

Clause 1
This clause sets out the Bill's short title.

Clause 2
This clause will amend section 2 of the Act, which contains definitions of words and phrases used throughout the Act. The new definition of "accused" will confine the meaning of the term to persons who have entered the criminal justice system as suspects. The definition of "statutory capital offence" is repealed because under section 48 of the Constitution there is only one offence for which capital punishment (i.e. the death sentence) can be imposed - if a law permitting it is enacted - namely murder committed in aggravating circumstances. The definition of "compelling reasons" is required because that phrase is used in the new Constitution (in section 50(1)(d)) in connection with the rights of arrested and detained persons. The clause also seeks to insert new definitions that are required in connection with the proposed insertion of provisions for the taking of forensic DNA samples; these definitions are ''authorised person", "bodily sample", "buccal sample", "DNA", "forensic DNA analysis" and "intimate sample''

Clause 3
Sections 258 to 263 of the Constitution establish the National Prosecuting Authority (NPA) (headed by the Prosecutor-General) which is responsible for conducting criminal prosecutions on behalf of the State. Before the Constitution came into operation, the Attorney-General was in charge of such prosecutions. This clause will repeal Part II of the Act, which deals with prosecutions at the public instance, to bring it into line with the Constitution.

The new section 5 will make the NPA and its officers, acting under the direction of the Prosecutor-General, responsible for public prosecutions, though if NPA officers are not available the section will allow the Prosecutor-General to authorise other people to prosecute.

The new section 7 will permit a change of prosecutors, i.e. will permit criminal proceedings begun by one prosecutor to be continued by another; the section is a re-enactment of the current section 11 (2) of the Act.

The new section 8 will re-enact section 9 of the Act but will make it clear that if the prosecutor withdraws charges before an accused person has pleaded, he may be charged again with the same offence. The new section 10 will make it clear that once a decision has been made not to prosecute an accused person who is in custody, the Prosecutor General can order the person's release without applying to a court; the section re-enacts section 10 of the Act.

The new section 9 re-enacts the existing section 9A of the Act, which vests in the Prosecutor-General the power to prosecute for the offence known as "scandalising the court", i.e. committing contempt of court outside a courtroom.

The new section 11A will require the Prosecutor-General to consult the Judicial Service Commission, the Law Society and other interested persons and bodies when in terms of section 260( 1) of the Constitution he or she formulates the principles on which he or she decides whether and how to institute and conduct criminal proceedings.

The statement of principles will have to be reviewed at least once every two years, and published as widely as practicable so that lawyers and other interested persons are aware of it; copies will have to be kept for inspection by the public at the offices of the National Prosecuting Authority.

Clause 5
Section 14 of the Act sets out a list of people who are entitled to prosecute crimes in their private capacity. Husbands are allowed to prosecute crimes committed against their wives, and widows can prosecute people responsible for killing their husbands. This clause will make the section gender neutral: married people, whatever their gender, will be allowed to prosecute crimes committed against their spouses, and both widows and widowers will be able to prosecute their spouses' killers.

Clause 6
Under section 16 of the Act, no one can institute a private prosecution unless the Prosecutor-General has issued a certificate stating that he or she does not intend to prosecute the case in the name of the State. This clause will remove any suggestion that the Prosecutor-General is compelled (despite being constitutionally mandated to initiate or discontinue all prosecutions) to issue such a certificate. It also prohibits any corporate body or registered or unregistered association from applying for or receiving such a certificate.

Clause 7
Section 17 of the Act states that a person who wants to institute a private prosecution in the High Court must deposit a sum of money as well as providing sureties to pay further amounts, as a guarantee that he or she will institute the prosecution without delay. The clause also requires him or her to give security for payment of the costs of the person who is to be prosecuted, in the event that the prosecution is unsuccessful. Giving security for the accused person's costs is an adequate safeguard against frivolous private prosecutions, so this clause will repeal the requirement to make a deposit and provide sureties.

Clause 8
Section 28 of the Act allows private persons (i.e. persons who are not peace officers) to arrest people "engaged in an affray", which simply means fighting in a public place. This clause will make the meaning of the section clear.

Clause 9
Section 32 of the Act states that suspects who have been arrested without an arrest warrant may be kept in custody for 48 hours before being brought to court for remand, but that the period may be extended if it ends on a Saturday, Sunday or public holiday or if a justice of the peace (often a senior police officer) extends it by warrant. Section 50(2) of the Constitution, on the other hand, prohibits any extension of the 48-hour period.

Section 32 also states that if a suspect has been arrested for a serious offence set out in the Third or Ninth Schedules to the Act, the court remanding a suspect cannot order his or her release on bail for 21 days. Section 50(l)(d) of the Constitution, however, gives all suspects a right to be released from detention pending trial unless there are compelling reasons justifying their continued detention.

This clause will amend the section to bring it into line with the Constitution. It will also require remand proceedings to be held in open court (see the new subsection (1)).

Clause 10
Sections 33 to 36 of the Act deal with the issue of warrants of arrest and their execution, i.e. the arrest of suspects in terms of warrants. In particular, section 33 gives judges, magistrates justices of the peace (who are often police officers) the power to issue warrants. This clause will make it clear that warrants of arrest cannot be issued for any purpose of the Act by justices of the peace who are serving police officers.

Clause 11
The new section 35 allows persons to be arrested on the authority of warrants which have been transmitted by electronic means such as e-mails.

Clause 12
This clause will insert three new sections into the Act.

The new section 39A, provides for "voluntary attendance at a police station or charge office''. This provision. allows a person who willingly goes to the police station or charge office for purposes of assisting the police with investigations to leave the police station or charge office at will. The only time he or she will be deprived of his or her liberty is in instances where a decision to arrest him or her has been made. Previously, no provision provided for persons who were invited by the police to assist with investigations, some of whom ended up as state witnesses. Any confession or incriminating statements made by such person shall be admissible in evidence against such person or an accused (new section 39C(a)).

The new section 39B provides for the physical restraint, removal and detention of certain persons in specified circumstances by a police officer acting in pursuance of his or her socially protective function, that is to say, without necessarily having the intention to arrest and charge a person for a criminal offence. The persons in question may be detained without warrant at a charge office or police station for not more than twenty-four hours, if they are not in their sound and sober senses in a public place, or in a private place if, say, the husband or wife of an abusive spouse not in his or her sober senses requests the intervention of the police to temporarily restrain the abusive spouse from the home, or in instances where compelling reasons exist (such as, for instance, removing resistant persons from areas threatened by flooding if their safety is endangered). These provisions will protect the police from lawsuits on the grounds of unlawful detention in such socially exigent circumstances.

The new section 39C(b) provides that any confession or incriminating statements made by such person will not be admissible in evidence against such person or an accused.

Clause 13
This clause will provide for the taking of a bodily or buccal sample by a trained person for purposes of forensic DNA analysis which is a very new area in our law and which had not previously been provided for.

Clause 14
This clause seeks to insert a new section 41A, which provides for the information of arrested persons of their rights. Section 50 of the Constitution makes it a requirement that arrested persons be informed of their rights in a language they understand. Where an accused person has been informed of his or her rights in the English language, it shall be presumed that he or she was informed in a language he or she understands unless the contrary is proved. It means that the burden shall shift upon the accused to prove otherwise. The clause provides for the right to silence, the right to a legal practitioner of choice and the right to one telephone call to any person of their choice. In addition it seeks to make it clear that a telephone call constitutes one where there is a successful conversation with the person called.

The clause also seeks to insert a new section 41B that provides for the taking of a bodily or buccal sample by an authorised person. An authorised person, being a health practitioner, medical officer or any other person who has successfully undergone the relevant training to take such sample. It goes further to provide for the issuing of a warrant of arrest by a judge, upon written request by a police officer of or above the rank of inspector, in a situation where the required person does not consent to the taking of such a sample and the use of reasonable force where he resists such taking. The provision goes further to provide for the admissibility of a sworn affidavit deposed to by an authorised person on its mere production as prima facie evidence of the facts deposed therein. This is a new area in our law which had previously not been provided for and is a necessary provision.

The new section 41C will oblige police officers to keep proper records of persons who have been arrested and detained. The records will be kept at each police station or charge office, showing who has been arrested and detained, when they were arrested or detained, when they were released, and-if they have been transferred elsewhere, for example to court or a prison- when and to where they were transferred. The records will be available for inspection by lawyers and other interested persons.

The new section 41D re-enacts the current section 41 (2) to (5) of the Act without change, except to provide for the taking of saliva and tissue samples (at present only blood samples may be taken) and to state that all body searches must be conducted decently, whether the person being searched is male or female (at present only females have to be searched decently).

Clause 15
Section 42(2) of the Act permits the killing of persons who resist arrest or attempt to escape arrest. Under section 86(3) of the Constitution the right to life cannot be limited by any law (except to the extent specified in section 48).

Amendment of Part VI of Act (clauses 16 to 27)
These clauses amend the provisos of the Act relating to the seizure of articles used to commit offences, or which may be produced in court as exhibits. The provisions (found in the Act in Part VI, titled "Search Warrants, Seizure, Detention and Disposal of Property Connected with Offences & Custody of Women Unlawfully Detained for Immoral Purposes") have not been substantially revised since 1975, and need improvement to protect both the police and the persons from whom the police seize the articles.

Clause 16
This clause substitutes the interpretation section of Part VI of the Act by a mere expansive set of definitions, including definitions for "articles whose possession is intrinsically unlawful" and "full receipt" (in relation to an article seized in terms of Part VI).

Clause 17
This clause amends section 49 of the Act, which invests the State with the general power to seize articles used to commit offences, or which may be produced in court as exhibits. New subsections are sought to be added that requires a police officer to give a full receipt for any article so seized, whether or not the seizure was done under a warrant. Any police officer who fails to d() so will commit an offence, unless the article in question is one whose possession is intrinsically unlawful (for example, a dangerous drug or weapon of war).

Clause 18
This clause amends section 50 of the Act, which provides for the circumstances in which an article may be seized under a warrant. The two changes made by this clause are described below.
Firstly, if such a warrant is sought from a justice of the peace instead of a magistrate, it must be sought from a justice of the peace who is not himself or herself a police officer.
Secondly, section 50(4) of the Act states that a police officer who carries out a search under a search warrant must give a copy of the warrant to anyone whose rights have been affected by the search and who asks for it-but he or she must do so only after the search has been completed. This clause will amend the section to oblige the police officer to hand over a copy of the warrant before conducting a search.

Clause 19
This clause amends section 51 of the Act, which provides for the circumstances in which an article may be seized without a warrant. It will require a police officer who seizes anything from a person (whether that person is a suspect in a criminal offence or not) to fumish that person upon his or her demand with the particulars of his or her name, rank and number, and the reasons for carrying out the search and seizure without warrant. Any police officer who fails to do so will commit an offence.

Clause 20
Section 52(2) of the Act gives police officers power to stop people found carrying goods at night. If anyone so stopped cannot give a satisfactory explanation for having the goods, the police officer can convey the person to a police station or prison and detain him or her until the next sitting of a magistrates court. This clause will replace subsection (2) by other provisions that require, firstly, that a person so stopped cannot be detained unless he or she is suspected of committing an offence; and secondly, which ensures that people arrested under the section are accorded their constitutional rights.

Clause 21
This clause amends section 54 of the Act, which empowers a police officer to enter without warrant any premises (other than a dwelling house) in order to obtain evidence of the commission of an offence by way of interrogation of any person therein present and the examination of any books, records or other documents. The amendment will require a police officer subjecting any person to these powers (whether that person is a suspect in a criminal offence or not) to furnish that person upon his or her demand with the particulars of his or her name, rank and number, and the reasons for carrying out the search and seizure without warrant. Any police officer who fails to do so will commit an offence.

Clause 22
This clause will repeal section 58 (relating to the disposal or return of seized articles) by two new sections comprehensively dealing with this issue. The new section 58 details the manner in which such articles must be accounted for, by requiring them to be entered in an inventory at the place of custody with distinctive numbers assigned to them. The articles in question may then be held (subject to the new section 59) until the conclusion of the criminal proceedings in relation to them. Stolen property may be returned to the owner only if undertakings are made for their production as exhibits at any resultant criminal proceeding, otherwise they will also be kept in police custody.

The new section also adds extra safeguards against the unwarranted destruction of seized articles without the knowledge of the lawful owner thereof. Such owners must be notified by the police beforehand in the event that the police intend to destroy them for being perishable or a hazard to health (and there is some valid reason for not returning the articles to the owners). The owner concerned is given an opportunity to object to this course of action, whereupon the police must obtain from a magistrate or justice of the peace a "warrant of destruction or disposal of a seized article", at the application for which the owner is given an opportunity to be present and oppose. The foregoing provisions do not, however, apply to seized article whose possession is intrinsically unlawful, for which special provision is made in the new section 63A.

The new section 58A allows the police to retain seized article for 21 working days, after which, unless criminal proceedings in relation thereto have earlier been instituted, they must notify the owner thereof in writing that they intend to retain such article until the relevant criminal proceedings are instituted and concluded. The owner concerned is given an opportunity to object to the continued retention of his or her property, whereupon the police must obtain from a magistrate or justice of the peace a "warrant of further retention of the seized article", at the application for which the owner is given an opportunity to be present and oppose. The foregoing provisions do not, however, apply to seized article whose possession is intrinsically unlawful.

Clauses 23 and 25
This clause amends sections 59 and 62 of the Act. Section 59 provides for cases where an article has been seized and it transpires that no criminal proceedings arc instituted, or that it is not required to be produced as an exhibit. If, in such a case, the article in question has in the meantime been forfeited to the State and disposed of by the police and it is proved later that the ownership of the article in question is vested in an owner, provision is made for compensation to be made to that owner. Section 62 provides for the forfeiture of seized articles to the State upon the conclusion of criminal proceedings and their retention for a period of 3 years thereafter to enable a judicial inquiry to be held, upon the application of any person (other than the accused) who claims that any right in the forfeited article is vested in him or her. If such claim is proved, provision is made for compensation to be made to that owner. In both sections a new subsection is sought to be inserted to safeguard the State's interests in cases where the compensating court finds that there has been negligence or undue dilatoriness on the part of the owner in pursuing his or her title to the article in question.

Clause 26
Section 62A of the Act provides that on convicting a person of bribery a court can give summary judgment in favour of the complainant or the State for the amount of the bribe received by the convicted person. The proviso to subsection (3) of the section states that if summary judgment is ordered by a regional magistrates court, the order must be forwarded to a provincial magistrates court in order to be executed. The proviso was enacted when regional magistrates had no civil jurisdiction and could not give orders of summary judgment. Now that they have such jurisdiction there is no need for their orders to be enforced in a provincial magistrates court. This clause will therefore repeal the proviso.

Clause 27
This clause will provide for forfeiture and disposal of seized articles whose possession is intrinsically unlawful. It provides for the forfeiture to the State of such articles, either automatically within 3 months (if no criminal proceedings are instituted in relation thereto, or are abandoned or withdrawn) or upon the successful conclusion of criminal proceedings. In certain cases, however, such articles may be destroyed before forfeiture if they are too hazardous or dangerous to be removed or kept in custody, in which event a record of that fact must be made in the occurrence book of the police station at or nearest which they are destroyed. In all other cases, the destruction or disposal of these articles is provided for in a transparent manner, that is to say, in the presence of the Prosecutor-General (or his or her delegate), and of the  representative of any agency of the State having any statutory responsibility in respect of the seized article. This more or less follows the current practice with respect to the destruction of dangerous drugs.

The new clause 63B provides for the admissibility in evidence of certain documents issued for the purposes of Part VI of the Act.

Clause 28
Sections 66 and 67 of the Act set out the procedure for bringing accused persons to trial in the High Court: Essentially, the accused is brought before a magistrate, served with papers informing him or her of the charge he will face and summarising the evidence against him or her, and then sent for trial before the High Court. Among the papers he or she is given is a notice asking him or her to give an outline of his or her defence and a list of his defence witnesses, and informing him that if in his or her outline he or she fails to mention any fact which he or she might be expected to mention that failure may be held against him or her at his trial and be regarded as corroboration of the prosecution case. An unrepresented accused person may be brought before a magistrate and questioned in order to elicit his or her defence.

This clause seeks to repeal subsection (6) of section 66 and substitute it with a provision that provides for the procedure to be followed during the committal of an accused person in light of the right to silence and the consequences of exercising or not exercising that right.

Clause 29
Sections 116, 117 and 117 A of the Act deal respectively with the grant of bail, accused persons' entitlement to bail and the way in which bail applications are made.

The new clause 115C will preface these provisions by clarifying what are "compelling reasons'' mentioned by the new Constitution as grounds for denying a detained person his or her freedom under bail. It also provides for the burden of proof in bail proceedings. The section will state what is generally accepted as the current law, particularly in view of section 50(l)(d) of the Constitution.

Clause 30
Section 127 of the Act empowers peace officers to arrest persons who have been released on bail if they reasonably suspect the persons are going to abscond or interfere with evidence. This clause will amend the section to provide that the persons so arrested must be told at the time of their arrest why they are being requested (as required by section 50(1)(a) of the Constitution) and must be brought before a court within 48 hours (as required by section 50(2) of the Constitution).

Clause 31
This clause will update references in section 136(2) of the Act to the Attorney General and the Attorney-General's Office.

Clause 32
Section 154 of the Act sets out the wording for charges of murder and culpable homicide. The wording is obsolete, since both those offences, which were formerly common-law crimes, .are now statutory offences described in sections 47 and 49 respectively of the Criminal Law Code. This clause will repeal section 154. The repeal means that charges of murder and culpable homicide will have to follow the words used to describe those offences in the Criminal Law Code.

Clause 33
This clause will update references in section 157 of the Act to the common-law crimes of uttering forged documents and theft by false pretences. These crimes are now part of the statutory crime of fraud as provided by sections 113(4) and 136 of the Criminal Law Code.

Clause 34
This clause will insert a new section 163A into the Act, obliging magistrates to inform accused persons of their right, under section 70(l)(d) of the Constitution and section 191 of the Act, to be represented by a legal practitioner. Magistrates will not have to inform accused persons of this if they are already legally represented or have already been informed of the right or if there is no reasonable prospect of their being prejudiced through lack of legal representation.

Accused persons who are committed for trial in the High Court will be informed of their right to legal representation in terms of section 66 of the Act as amended by clause 24.

Clause 35
This clause will insert a new section 167A into the Act, which will oblige courts to investigate undue delays in criminal proceedings. If a court finds that in any particular case the delay has been unreasonable and has caused prejudice, the court will have power to make remedial orders including those set out in the new subsection (3). A court will, for example, be empowered to refuse any further postponements or remands, or to impose conditions on further postponements, or to order a permanent stay of prosecution. This last order will enforce an accused person's right to a trial within a reasonable time, guaranteed by section 69(1) of the Constitution. It will also be possible for a court to order anyone responsible for an undue delay to pay the costs of the other side.

The new clause 115C will preface these provisions by clarifying what are "compelling reasons'' mentioned by the new Constitution as grounds for denying a detained person his or her freedom under bail. It also provides for the burden of proof in bail proceedings. The section will state what is generally accepted as the current law, particularly in view of section 50(l)(d) of the Constitution.

Clause 36

Section 180 of the Act sets out the pleas, apart from "guilty" and "not guilty", which an accused person can tender on being charged with an offence. This clause will add some new pleas:

Clauses 37
That the accused was given an immunity from prosecution after giving evidence for the State as an accomplice. That the accused has been granted a permanent stay of prosecution under the new section 167 A (sec clause 43) or is entitled to such a stay.
Section 188 of the Act states that after an accused has pleaded not guilty in a magistrates court, the magistrate must ask the accused to outline his or her defence, and must explain that if the accused omits to mention anything that he or she might be expected to have mentioned, then in terms of section 189(2) of the Act the magistrate may draw adverse inferences and convict the accused accordingly. Clause 50 will therefore amend section 188 by obliging a magistrate, when requesting an accused to outline his or her defence, to inform the accused of the right to remain silent and the consequences of exercising that right.

Clause 38
Section 194(5) of the Act contains a cross-reference to provisions which were repealed in 2006 because they conferred powers on courts holding preparatory examinations, a procedure which has been abolished. The provisions will be re-enacted by clause 63.

Clause 39
This clause seeks to insert a new section 258A which provides for the admissibility of illegally obtained evidence. It seeks to guide the courts during the exercise of their discretion for the need to strike a balance between the rights of the individual and the abuses of the law by police, the victim of crime and the public interest. The provision partly takes its wording from the provisions of section 86 of the Constitution, on limitations of rights and freedoms.

Clause 40
This clause will insert a new section in the Act which, as explained above in relation to clause 54, will re-enact with modification provisions that were accidentally repealed in 2006.

Clause 41
This clause will insert a new section 334A into the Act, which will give the Judicial Service Commission power to convene judicial conferences which will formulate sentencing guidelines in order to bring about uniformity of sentencing by criminal courts in Zimbabwe. Courts will not be absolutely bound to follow the guidelines, but if a court departs from them when imposing sentence the court will have to record its reasons for doing so.

Clauses 42 and 43
Sections 336 to 342 of the Act provide for the imposition of the death penalty. This punishment, as provided for in the Act, is unconstitutional.
Section 48 of the Constitution protects the right to life but states that "a law may permit the death penalty to be imposed." The Constitution itself does not impose the death penalty; it only allows a law to do so, and if a law does provide for the death penalty the law must make its imposition subject to certain restrictions:
- The penalty can be imposed only for murder committed in aggravating circumstances (section 339 of the Act, on the other hand, envisages it being imposed for other offences).
- It cannot be made a mandatory penalty (under section 337 of the Act, by contrast, it is mandatory for murder unless there are extenuating circumstances).
- It cannot be imposed on women (under sections 338 and 341 of the Act it can be imposed on persons of either sex between the ages of 18 and 70);
- It cannot be imposed until the convicted person has had an opportunity to seek a pardon from the President.

As indicated above, the sections of the Act which provide for the death penalty do not contain the restrictions which section 48 of the Constitution states must be provided for if the death penalty is to be constitutional. Clause 42 will therefore amend section 336, which sets out the punishments that courts may impose, by amending references to the death penalty.

Clause 43 will repeal sections 337 and 338 of the Act and replace them by provisions in conformity with the new Constitution.

Clause 44
This clause seeks to provide for the rights of arrested or detained persons. It provides for the definitions of "interested party", who can be a relative, friend or employer or any person with a legitimate interest in the detained person. "Responsible person" is defined as a member of a State agency which canbc the police, defence forces, prison service and so forth. All these definitions arc terms that have been adopted from the Constitution. Section 50(7) of the Constitution provides for the rights of such interested persons to request information on the detained persons' whereabouts and the reasons for the detention or custody. The responsible person is obliged to respond favourably to such a request unless there arc compelling reasons for not doing so and the proof of such compelling reasons rest on the responsible person.

Clause 45
This clause will amend section 389 of the Act to empower the Minister of Justice, Legal and Parliamentary Affairs to make regulations prescribing:
- The translation into the constitutionally recognised non-English languages of the form of any warning or information that must be given to arrested and detained persons that is contained in the new Tenth Schedule to be added to the Act;
- the extent to which police officers and other peace officers may question suspects; the equivalent of what used to be called "Judges' Rules".

Clause 46
This clause seeks to update the First Schedule list of arrestable offences.

Clause 47
This clause seeks to insert the Tenth Schedule. This schedule provides for the wording or the warning or rights that a police officer has to give to an accused person upon arrest. This provision seeks to assist the police, and we are of the view that it can be translated into the 16 official languages so that every arrested person is informed of his or her rights in a language which he or she understands as required by section 50 of the constitution.

This clause also seeks to add an Eleventh Schedule providing for the form of notice issued by the police to owners of seized articles before such articles are destroyed or disposed of by the police.

Clause 48 and Schedule to Bill
This clause will make the minor and consequential amendments which are set out in the Schedule to the Bill.

Clause 49
This clause will amend the National Prosecuting Authority Act to provide for the post of Deputy Prosecutor General and effect certain minor and consequential amendments to that Act.

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