THE USE OF FORCE WHEN EFFECTING ARREST IN THE CONTEXT OF SECTION

49 OF THE CRIMINAL PROCEDURE ACT 51 OF 1977, AND THE CONSTITUTION

OF THE REPUBLIC OF SOUTH AFRICA, 1996

BY

MCDONALD CHIKUVADZE
44124244

Submitted in partial fulfilment of the requirements for the LLB degree

BACHELORS OF LAWS
SCHOOL OF LAW

UNIVERSITY OF SOUTH AFRICA

RRLLB81 ASSIGNMENT 02

MR LC COETZEE

DUE DATE 05 JULY 2021

 ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.
2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other people
has been referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.

NAME MCDONALD CHIKUVADZE

SIGNATURE: ………………………………………………………………….………………….
STUDENT NUMBER: 44124244
MODULE CODE: RRLLB81 DATE: 05 JULY 2021
TOPIC SELECTED
THE USE OF FORCE WHEN EFFECTING ARREST IN THE CONTEXT OF SECTION
49 OF THE CRIMINAL PROCEDURE ACT 51 OF 1977, AND THE CONSTITUTION
OF THE REPUBLIC OF SOUTH AFRICA, 1996

MARK RECEIVED FOR ASSIGNMENT 01: …..%

MARK RECEIVED FOR ASSIGNMENT 02: …..%
LIST OF ACRONYMS AND ABBREVIATIONS

CPA Criminal Procedure Act 51 of 1977

CC Constitution of the Republic of South Africa, 1996

TABLE OF CONTENTS

1 MAIN HEADING FOR CHAPTER 1

1 INTRODUCTION 1.1 Background to the research problem/problem statement

1.2 Research question

1.3 Hypothesis

1.4 Research methodology

1.5 Assumptions and points of departure

2 MAIN HEADING FOR CHAPTER 2

2.1 Main idea of paragraph/section

1 • Supporting detail 1 •

Supporting detail 2 •

Supporting detail 3 •

3 MAIN HEADING FOR CHAPTER 3

3.1 Main idea of paragraph/section

#1 • Supporting detail 1

• Supporting detail 2

• Supporting detail 3

4 CONCLUSION •

5 WORKING BIBLIOGRAPHY
 CHAPTER ONE: INTRODUCTION AND BACKGROUND

1. Introduction

This chapter is the introductory section to this study. The chapter contains the
background to the study, statement of the problem, research objectives, and
purpose of the study, limitations, delimitations, research methodology and the
definition of terms
1.1 Background to the study
When a crime is committed, the suspect must be brought before a court of law to
face the charges against them. There are many ways of bringing the suspect
before the courts to face the law, one of which is arrest. Where a suspect resists
attempts to arrest them peacefully, the arrestor (either members of the police or
private persons) might be compelled by circumstances to use force to bring them
to book. The amount of force required to bring a suspect into custody varies from
minimum to maximum. The action might entail an amount of violence which results
in the killing of a suspect.

1.2Statement of the problem

1.3 Objective of the study

1.4 Specific Objectives

In this regard, the study seeks to:

To evaluate the content and scope of the use of force when effecting arrest in the
context of section 49 of the criminal procedure act 51 of 1977, and the constitution of
the Republic of South Africa, 1996
 1.4.1 Purpose of the study

1.5 Research Methodology

a) Structure of the Study

The study will comprise of the following chapters.

Chapter 1: Introduction and background to the study.

Chapter 2:

Chapter 3:
.

Chapter 4:
CHAPTER 2:

CHAPTER 3:
.

CHAPTER 4:
BIBLIOGRAGHY

LEGISLATION

1 Criminal Procedure Act 51 of 1977

2 Constitution of the Republic of South Africa, 1996

CASELAW

Ex parte Minister of Safety and Security: In re S v Walters 2002 (2) SACR 105 (CC

Govender v Minister of Safety and Security 2001 (2) SACR 197 (SCA); 2001 (4) SA 273 (SCA)

Matlou v Makhubedu 1978 (1) SA 946 (A)

Mazeka v Minister of Justice 1956 (1) SA 312 (A)

Raloso v Wilson 1998 (2) SACR 298 (NC); 1998 (4) SA 369 (NC); 1998 (1) BCLR 26 (NC

S v Makwanyane 1995 (2) SACR 1 (CC); 1995 (3) SA 391 (CC); 1995 (6) BCLR 665 (CC)

S v Martin 2001 (2) SACR 271 (C)

S v Martinus 1990 (2) SACR 568 (A)

Books

Ally D, An Introduction to the Law of Criminal Procedure and Selected Topics on the Law of
Evidence (Juta 2009)

Ally D & Mokoena MT, The Basic Guide to Criminal Procedure; A Rights-Based Approach (Juta
2013) Joubert C, Applied Law for Police Officials (5 edn, Juta 2018)

Joubert JJ (ed) and others, Criminal Procedure Handbook (13 edn, Juta 2020)

Theophilopoulos C (ed) and others Criminal Procedure in South Africa (OUP 2020)