Source:

Commentary on the Criminal Procedure Act (Du Toit)/Schedules

URL:
http://jutastat.juta.co.za/nxt/gateway.dll/ccpa/435?f=templates$fn=default.htm

Schedules
Schedule 1
RS 69, 2022 Sched­1

(Sections 40, 42)

Treason.
Sedition.
Public violence.
Murder.
Culpable homicide.
Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,
respectively.
Sexual assault, compelled sexual assault or compelled self­sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007, respectively.
Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Trafficking in persons as provided for in section 4 and involvement in the offence as provided for in section 10 of the Prevention and Combating
of Trafficking in Persons Act, 2013.
[Item substituted by s 48 of Act 7 of 2013 (wef 9 August 2015).]

Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Robbery.
Kidnapping.
Childstealing.
Assault—
(a) when a dangerous wound is inflicted;
(b) involving the infliction of grievous bodily harm; or
(c) where a person is threatened—
(i) with grievous bodily harm; or
(ii) with a firearm or dangerous weapon, as defined in section 1 of the Dangerous Weapons Act, 2013 (Act 15 of 2013).
[Item substituted by s 11 of Act 12 of 2021 (wef 5 August 2022).]

Arson.
Malicious injury to property.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provision.
Receiving stolen property knowing it to have been stolen.
Fraud.
Forgery or uttering a forged document knowing it to have been forged.
Offences relating to the coinage.
Any offence, except the offence of escaping from lawful custody in circumstances other than the circumstances referred to immediately
hereunder, the punishment wherefor may be a period of imprisonment exceeding six months without the option of a fine.
Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to in this Schedule or is in such
custody in respect of the offence of escaping from lawful custody.
Offences referred to in section 4(1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.

RS 69, 2022 Sched­2

Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
[Schedule 1 substituted by s 17 of Act 26 of 1987 (wef 24 June 1987), amended by s 8 of Act 122 of 1998 (wef 18 July 2003), substituted by s 68 of Act 32 of 2007 (wef
16 December 2007) and amended by s 11 of Act 13 of 2013 (wef 29 July 2013), by s 48 of Act 7 of 2013 (wef 9 August 2015) and by s 11 of Act 12 of 2021 (wef 5
August 2022).]

Schedule 2
PART I

(Section 35)
Any offence under any law relating to the illicit possession, conveyance or supply of dependence­producing drugs or intoxicating liquor.
Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provision.

PART II

(Sections 59, 72)

Treason.
Sedition.
Murder.
Rape
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 Treason.
Sedition.
Murder.
Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,
respectively.
Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Offences provided for in section[s] 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and Combating
of Trafficking in Persons Act, 2013.
[Item substituted by s 48 of Act 7 of 2013.]

Robbery.
Assault—
(a) when a dangerous wound is inflicted;
(b) involving the infliction of grievous bodily harm; or
(c) where a person is threatened—
(i) with grievous bodily harm; or
(ii) with a firearm or dangerous weapon, as defined in section 1 of the Dangerous Weapons Act, 2013 (Act 15 of 2013).
[Item substituted by s 12 of Act 12 of 2021 (wef 5 August 2022).]

Arson.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, fraud, forgery or
uttering a forged document knowing it to have been forged, in each case if the amount or value involved in the offence exceeds R2 500.

RS 69, 2022 Sched­2A

Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
Any offence under any law relating to the illicit—
(a) possession of—
(i) dagga exceeding 115 grams; or
(ii) any other dependence­producing drugs; or
(b) conveyance or supply of dependence­producing drugs.
Any offence relating to the coinage.
Offences referred to in section 4(1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.
Any conspiracy, incitement or attempt to commit any offence referred to in this Part.
[Part II amended by s 15 of Act 62 of 2000 (wef 23 March 2001), substituted by s 68 of Act 32 of 2007 (wef 16 December 2007) and amended by s 11 of Act 13 of 2013
(wef 29 July 2013), by s 48 of Act 7 of 2013 (wef 9 August 2015) and by s 12 of Act 12 of 2021 (wef 5 August 2022).]

PART III

(Sections 59, 61, 72, 184, 185, 189)

Sedition.
Public violence.
Arson.
Murder.
Kidnapping.
Childstealing.
Offences as provided for in section[s] 4, 5 and 7 and involvement in these offences as provided for in section 10 of the Prevention and
Combating of Trafficking in Persons Act, 2013.
[Item inserted by s 48 of Act 7 of 2013.]

Robbery.
Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
Contravention of the provisions of section 1 and 1A of the Intimidation Act, 1982 (Act 72 of 1982).
Offences referred to in section 4(1) and (2) of the Prevention and Combating of Torture of Persons Act, 2013.
[Item added by s 11 of Act 13 of 2013 (wef 29 July 2013).]

Any conspiracy, incitement or attempt to commit any of the above­mentioned offences.

Treason.
[Part III substituted by s 5 of Act 126 of 1992 (wef 31 July 1992) and amended by s 11 of Act 13 of 2013 (wef 29 July 2013) and by s 48 of Act 7 of 2013 (wef 9 August
2015).]
[Schedule 2 amended by s 5 of Act 126 of 1992 (wef 31 July 1992), by s 15 of Act 62 of 2000 (wef 23 March 2001), by s 68 of Act 32 of 2007 (wef 16 December 2007),
by s 11 of Act 13 of 2013 (wef 29 July 2013), by s 48 of Act 7 of 2013 (wef 9 August 2015), by s 11 of Act 8 of 2017 (wef 2 August 2017) and by s 12 of Act 12 of 2021
(wef 5 August 2022).]

Schedule 3
(Section 341)
Any contravention of a by­law or regulation made by or for any council, board or committee established in terms of any law for the management
of the affairs of any division, city, town, borough, village or other similar community.
Any offence committed by—

RS 69, 2022 Sched­2B

(a) driving a vehicle at a speed exceeding a prescribed limit;
(b) driving a vehicle which does not bear prescribed lights, or any prescribed means of identification.
(c) leaving or stopping a vehicle at a place where it may not be left or stopped, or leaving a vehicle in a condition in which it may not be left;
(d) driving a vehicle at a place where and at a time when it may not be driven;
(e) driving a vehicle which is defective or any part whereof is not properly adjusted, or causing any undue noise by means of a motor vehicle;
(f) owning or driving a vehicle for which no valid licence is held;
(g) driving a motor vehicle without holding a licence to drive it.
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[Sch 3 amended by s 18 of Act 56 of 1979.]
 (d) driving a vehicle at a place where and at a time when it may not be driven;
(e) driving a vehicle which is defective or any part whereof is not properly adjusted, or causing any undue noise by means of a motor vehicle;
(f) owning or driving a vehicle for which no valid licence is held;
(g) driving a motor vehicle without holding a licence to drive it.
[Sch 3 amended by s 18 of Act 56 of 1979.]

OS 1987 Sched­3

Schedule 4
Laws Repealed
No. and Year of Title Extent of Repeal
Law

REPUBLIC

Act 38 of 1916 Mental Disorders Act, 1916 Sections 27, 28, 29 and 29bis.

Act 24 of 1922 South­West Africa Affairs Act, 1922 Section 2 (1), so much of
section 3 as is unrepealed, and
sections 4, 6 and 7.

Act 22 of 1926 South­West Africa Mental Disorder Act, 1926 So much as is unrepealed.

Act 46 of 1935 General Law Amendment Act, 1935 Section 78 and so much of
section 101 as is unrepealed.

Act 32 of 1944 Magistrates' Courts Act, 1944 Sections 93, 93bis and 94 to
105 inclusive.

Act 32 of 1952 General Law Amendment Act, 1952 Section 9 and so much of
section 26 as is unrepealed.

Act 40 of 1952 Magistrates' Courts Amendment Act, 1952 Sections 22 to 26 inclusive.

Act 56 of 1955 Criminal Procedure Act, 1955 The whole, except sections
319(3) and 384.

Act 62 of 1955 General Law Amendment Act, 1955 Sections 13, 24, 25 and 26.

Act 50 of 1956 General Law Amendment Act, 1956 Sections 22, 23, 24, 25, 27, 28,
29 and 31.

Act 33 of 1957 Interpretation Act, 1957 Section 9.

Act 68 of 1957 General Law Amendment Act, 1957 Section 5 in so far as it relates
to criminal proceedings, and
sections 40 and 45 to 59
inclusive.

Act 9 of 1958 Criminal Procedure Amendment Act, 1958 The whole.

Act 18 of 1958 Special Criminal Courts Amendment Act, The whole.

1958

Act 16 of 1959 Criminal Law Amendment Act, 1959 Sections 3 to 8 inclusive, 10,
11 and 15 to 49 inclusive.

OS 1987 Sched­4

No. and Year of Title Extent of Repeal

Law

Act 75 of 1959 Criminal Law Further Amendment Act, 1959 Sections 3 to 6 inclusive.

Act 33 of 1960 Children's Act, 1960 Sections 98 to 102 inclusive.

Act 39 of 1961 General Law Amendment Act, 1961 Section 4.

Act 45 of 1961 Interpretation Amendment Act, 1961 Section 3.

Act 14 of 1962 Evidence Act, 1962 So much as is unrepealed.

Act 76 of 1962 General Law Amendment Act, 1962 Sections 17 and 18.

Act 93 of 1962 General Law Further Amendment Act, 1962 Sections 28 and 29.

Act 19 of 1963 Magistrates' Courts Amendment Act, 1963 Sections 16 to 20 inclusive.

Act 37 of 1963 General Law Amendment Act, 1963 Sections 1, 2 and 8 to 12

inclusive.

Act 92 of 1963 Criminal Procedure Amendment Act, 1963 So much as is unrepealed.

Act 93 of 1963 General Law Further Amendment Act, 1963 Sections 10 to 15 inclusive.

Act 80 of 1964 General Law Amendment Act, 1964 Sections 12 and 22 to 30

inclusive.

Act 16 of 1965 Prevention of Counterfeiting of Currency Section 10.section

Act, 1965

Act 25 of 1965 Civil Proceedings Evidence Act, 1965 The amendment of section 261
of the Criminal Procedure Act,
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in the
Schedule.
 Act 16 of 1965 Prevention of Counterfeiting of Currency Section 10.section
Act, 1965

Act 25 of 1965 Civil Proceedings Evidence Act, 1965 The amendment of section 261
of the Criminal Procedure Act,
1955, contained in the
Schedule.

Act 96 of 1965 Criminal Procedure Amendment Act, 1965 So much as is unrepealed.

Act 62 of 1966 General Law Amendment Act, 1966 Sections 7, 8 and 9.

Act 102 of 1967 General Law Amendment Act, 1967 Sections 7 to 12 inclusive.

Act 9 of 1968 Criminal Procedure Amendment Act, 1968 The whole.

Act 70 of 1968 General Law Amendment Act, 1968 Sections 31 and 37 to 41

inclusive.

Act 15 of 1969 Establishment of the Northern Cape Division Sections 17 and 18.
of the Supreme Court of South Africa Act,
1969

Act 17 of 1969 Magistrates' Courts Amendment Act, 1969 Section 4.

Act 34 of 1969 Abolition of Juries Act, 1969 Sections 1 to 32 inclusive.

Act 101 of 1969 General Law Amendment Act, 1969 Sections 5, 6, 7, 8 and 9.

Act 53 of 1970 Magistrates' Courts Amendment Act, 1970 Section 18.

RS 59, 2017 Sched­5

No. and year of Title Extent of repeal

Law

Republic

Act 92 of 1970 General Law Further Amendment Act, 1970 Sections 4 and 14.

Act 41 of 1971 Abuse of Dependence­producing Section 62.

Substances and Rehabilitation Centres Act,
1971

Act 102 of 1972 General Law Amendment Act, 1972 Section 9.

Act 32 of 1974 Criminal Procedure Amendment Act, 1974 The whole.

Act 33 of 1975 Criminal Procedure Amendment Act, 1975 The whole.

Act 79 of 1976 Internal Security Amendment Act, 1976 Section 11.

South West Africa

Proclamation 26 The Fugitive Offenders and Neighbouring In so far as it relates to the

of 1920 Territories Evidence Proclamation, 1920 attendance by witnesses of
criminal proceedings in courts
in the Republic.

Proclamation 30 Criminal Procedure and Evidence In so far as it applies to the

of 1935 Proclamation, 1935 Eastern Caprivi Zipfel.

Proclamation 8 of Procedure and Evidence Proclamation, 1938 Section 3 in so far as it relates

1938 to criminal proceedings.

Ordinance 34 of Criminal Procedure Ordinance, 1963 The whole, except sections

1963 300(3) and 370.

Ordinance 35 of Criminal Procedure Amendment Ordinance, The whole.

1965 1965

Ordinance 19 of Criminal Procedure Amendment Ordinance, The whole.

1966 1966

Ordinance 19 of Criminal Procedure Amendment Ordinance, The whole.

1967 1967

Ordinance 4 of General Law Amendment Ordinance, 1968 Sections 5 to 13 inclusive.

1968

Ordinance 3 of Criminal Procedure Amendment Ordinance, The whole.

1969 1969

Ordinance 14 of Criminal Procedure Amendment Ordinance, The whole.

1975 1975

RS 59, 2017 Sched­6

Schedule 5
(Sections 58 and 60(11) and (11A) and Schedule 6)
Treason.
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Murder.
 RS 59, 2017 Sched­6

Schedule 5
(Sections 58 and 60(11) and (11A) and Schedule 6)
Treason.
Murder.
Attempted murder involving the infliction of grievous bodily harm.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,
respectively, in circumstances other than those referred to in Schedule 6.
Any offence referred to in sections 5, 6, 7, 8(1) and 23 and involvement in these offences as provided for in section 10 of the Prevention and
Combating of Trafficking in Persons Act, 2013.
[Item substituted by s 48 of Act 7 of 2013 (wef 9 August 2015) and by s 12 of Act 8 of 2017 (wef 2 August 2017).]

Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992), if it is alleged that—
(a) the value of the dependence­producing substance in question is more than R50 000,00; or
(b) the value of the dependence­producing substance in question is more than R10 000,00 and that the offence was committed by a person,
group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
(c) the offence was committed by any law enforcement officer.
Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi­
automatic firearm, explosives or armament.
Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act 75 of 1969), on account of being in possession of more
than 1 000 rounds of ammunition intended for firing in an arm contemplated in section 39(2)(a)(i) of that Act.
Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or any offence referred to in Part 1 to 4, or section 17, 20 or
21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004—
(a) involving amounts of more than R500 000,00; or
(b) involving amounts of more than R100 000,00, if it is alleged that the offence was committed by a person, group of persons, syndicate or
any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
(c) if it is alleged that the offence was committed by any law enforcement officer—
(i) involving amounts of more than R10 000,00; or
(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or
conspiracy.
Sexual assault, compelled sexual assault or compelled self­sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007, respectively on a child under the age of 16 years.
An offence referred to in Schedule 1—
(a) and the accused has previously been convicted of an offence referred to in Schedule 1; or
(b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1.
The offences referred to in section 4(2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of
Constitutional Democracy against Terrorist and Related Activities Act, 2004.
Any offence referred to in section 2, 4, 5, 6 or 9 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
[Item added by s 4 of Act 18 of 2015.]

RS 68, 2022 Sched­7

Any offence referred to in—

(a) section 54(1) of the International Trade Administration Act, 2002 (Act 71 of 2002);
(b) section 32(1)(a), (b), (c), (d), (k) in so far as that paragraph relates to section 21(1), (l), (m) or (o) of the Second­Hand Goods Act,
2009 (Act 6 of 2009); or
(c) section 36 or 37 of the General Law Amendment Act, 1955 (Act 62 of 1955),
if it is alleged that ferrous or non­ferrous metal which formed part of essential infrastructure, as defined in section 1 of the Criminal Matters
Amendment Act, 2015, is involved.
[Item added by s 4 of Act 18 of 2015.]

Theft of ferrous or non­ferrous metal which formed part of essential infrastructure, as defined in section 1 of the Criminal Matters Amendment
Act, 2015—
(a) if it is alleged that the offence caused or has the potential to cause—
(i) interference with or disruption of any basic service, as defined in section 1 of the aforementioned Act, to the public; or
(ii) damage to such essential infrastructure; or
(b) if it is alleged that the offence was committed by or with the collusion or assistance of—
(i) a law enforcement officer, as defined in section 51(8) of the Criminal Law Amendment Act, 1997 (Act 105 of 1997);
(ii) a security officer, as defined in section 1 of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001), who was
required to protect or safeguard such essential infrastructure;
(iii) an employee of, or contractor appointed by, the owner or the person in charge of such essential infrastructure; or
(iv) a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
[Item added by s 4 of Act 18 of 2015.]

An offence referred to in section 3 of the Criminal Matters Amendment Act, 2015.

[Item added by s 4 of Act 18 of 2015.]

A contravention of section 8, 9 or 10 of the Cybercrimes Act, 2020—

(a) involving amounts of more than R500 000,00;
(b) involving amounts of more than R100 000,00, if it is proven that the offence was committed—
(i) by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or
conspiracy; or
(ii) by a person or with the collusion or assistance of another person, who as part of his or her duties, functions or lawful authority
was in charge of, in control of, or had access to data, a computer program, a computer data storage medium or a computer
system of another person in respect of which the offence in question was committed; or
(c) if it is proven that the offence was committed by any law enforcement officer—
(i) involving amounts of more than R10 000; or
(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or
conspiracy; or
(ii) with the collusion or assistance of another person, who as part of his or her duties, functions or lawful authority was in charge of,
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 (i) involving amounts of more than R10 000; or
(ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or
conspiracy; or
(ii) with the collusion or assistance of another person, who as part of his or her duties, functions or lawful authority was in charge of,
in control of, or had access to data, a computer program, a computer data storage medium or a computer system of another
person in respect of which the offence in question was committed.
[Item added by s 58 of Act 19 of 2020 (wef 1 December 2021).]

A contravention of section 11 (2) of the Cybercrimes Act, 2020.

[Item added by s 58 of Act 19 of 2020 (wef 1 December 2021).]
[Schedule 5 added by s 14 of Act 75 of 1995 (wef 21 September 1995), substituted by s 9 of Act 85 of 1997 (wef 1 August 1998), amended by s 36 (1) of Act 12 of
2004 (wef 27 April 2004) and by s 27 (1) of Act 33 of 2004 (wef 20 May 2005), substituted by s 68 of Act 32 of 2007 (wef 16 December 2007) and amended by s 48 of
Act 7 of 2013 (wef 9 August 2015), by s 4 of Act 18 of 2015 (wef 1 June 2016), by s 12 of Act 8 of 2017 (wef 2 August 2017) and by s 58 of Act 19 of 2020.]

RS 68, 2022 Sched­8

Schedule 6
(Sections 50(6), 58, 60(11) and (11A))
Murder, when—
(a) it was planned or premeditated;
(b) the victim was—
(i) a law enforcement officer performing his or her functions as such, whether on duty or not, or a law enforcement officer who was
killed by virtue of his or her holding such a position; or
(ii) a person who has given or was likely to give material evidence with reference to any offence referred to in Schedule 1;
(c) the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted
to commit one of the following offences:
(i) Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment
Act, 2007, respectively; or
(ii) robbery with aggravating circumstances; or
(d) the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or
conspiracy.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,
respectively—
(a) when committed—
(i) in circumstances where the victim was raped more than once, whether by the accused or by any co­perpetrator or accomplice;
(ii) by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy;
(iii) by a person who is charged with having committed two or more offences of rape; or
(iv) by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus;
(b) where the victim—
(i) is a person under the age of 16 years;
(ii) is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or
(iii) is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters)
Amendment Act, 2007;
(c) involving the infliction of grievous bodily harm.
Any offence referred to in section 4 and involvement in these offences as provided for in section 10 of the Prevention and Combating of
Trafficking in Persons Act, 2013.
[Item substituted by s 48 of Act 7 of 2013 and by s 13 of Act 8 of 2017 (wef 2 August 2017).]

Robbery, involving—
(a) the use by the accused or any co­perpetrators or participants of a firearm;
(b) the infliction of grievous bodily harm by the accused or any of the co­perpetrators or participants; or
(c) the taking of a motor vehicle.
An offence referred to in Schedule 5—
(a) and the accused has previously been convicted of an offence referred to in Schedule 5 or this Schedule; or
(b) which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 5 or this Schedule.
The offences referred to in section 2, 3(2)(a), 4(1), 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the
Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, section 2(1) and (2) of the Civil Aviation Offences
Act, 1972 (Act 10 of 1972), section 26(1)(j) of the Non­Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993) and section
56(1)(h) of the Nuclear Energy Act, 1999 (Act 46 of 1999).
[Schedule 6 added by s 10 of Act 85 of 1997, amended by s 27 (1) of Act 33 of 2004, substituted by s 68 of Act 32 of 2007, amended by s 48 of Act 7 of 2013 and
amended by s 13 of Act 8 of 2017 (wef 2 August 2017).]

RS 69, 2022 Sched­9

Schedule 7
(Section 59A)
Public violence.
Culpable homicide.
Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Assault—
(a) when a dangerous wound is inflicted;
(b) involving the infliction of grievous bodily harm; or
(c) where a person is threatened—
(i) with grievous bodily harm; or
(ii) with a firearm or dangerous weapon, as defined in section 1 of the Dangerous Weapons Act, 2013 (Act 15 of 2013).
[Item substituted by s 13 of Act 12 of 2021 (wef 5 August 2022).]

Arson.
Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
Malicious injury to property.
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 Arson.
Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
Malicious injury to property.
Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00.
Theft and any offence referred to in section 264(1)(a), (b) and (c), if the amount involved in the offence does not exceed R20 000,00.
Any offence in terms of any law relating to the illicit possession of dependence­producing drugs.
Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00.
Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
[Schedule 7 added by s 10 of Act 85 of 1997 (wef 1 August 1998), amended by s 10 of Act 34 of 1998 (wef 1 August 1998) and by s 16 of Act 62 of 2000 (wef 23 March
2001), substituted by s 68 of Act 32 of 2007 (wef 16 December 2007) and amended by s 13 of Act 12 of 2021 (wef 5 August 2022).]

RS 69, 2022 Sched­10

Schedule 8
(Sections 36D and 36E)
Treason
Sedition.
Public violence.
Murder.
Any offence referred to in Part I or Part II of Schedule 1 to the Implementation of the Rome Statute of the International Criminal Court Act,
2002 (Act 27 of 2002).
Culpable homicide.
Rape or compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,
respectively.
Sexual assault, compelled sexual assault or compelled self­sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), respectively.
Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), respectively.
Robbery.
Kidnapping.
Childstealing.
Assault—
(a) when a dangerous wound is inflicted;
(b) involving the infliction of grievous bodily harm; or
(c) where a person is threatened—
(i) with grievous bodily harm; or
(ii) with a firearm or dangerous weapon, as defined in section 1 of the Dangerous Weapons Act, 2013 (Act 15 of 2013).
[Item substituted by s 14 of Act 12 of 2021 (wef 5 August 2022).]

Arson.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provision.
Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to in Schedule 1, or is in such
custody in respect of the offence of escaping from lawful custody.
Any—
(a) offence under the Firearms Control Act, 2000 (Act 60 of 2000), which is punishable with imprisonment for a period of five years or longer in
terms of the said Act;
(b) offence under the Explosives Act, 2003 (Act 15 of 2003), which is punishable with imprisonment for a period of five years or longer in terms
of the said Act;
(c) Convention offence or specified offence as defined in section 1 of the Protection of Constitutional Democracy against Terrorist and Related
Activities Act, 2004 (Act 33 of 2004);
(d) offence of trafficking in persons as defined in section 1 of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act 7 of
2013); or
(e) offence of torture as defined in the Prevention and Combating of Torture of Persons Act, 2013 (Act 13 of 2013).
[Schedule 8 added by s 5 of Act 37 of 2013 (wef 31 January 2015) and amended by s 14 of Act 12 of 2021 (wef 5 August 2022).]

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