General Notice 642 of 2021, issued in terms of section 19(2) of the Defence Act 42 of 2002 by the Minister of Defence and Military Veterans is published in Government Gazette No 45419 dated 2 November 2021. On behalf of the President of the RSA, this Notice supra authorised the employment of members of the South African National Defence Force (“the SANDF”) for service in cooperation with the South African Police Service (“the SAPS”) in the provision of support for the establishment of a safe and secure environment to conduct the Local Government Elections 2021 in the RSA under Operation Prosper, for the period 30 October 2021 to 3 November 2021.
Introduction
Have you, the reader (in particular law enforcement officers) ever heard of the following?
Read more: Outsource and/or privatise powers and functions of the Correctional Services
- S v Elgin High Court Cape Town Reference 274/21 [2021] ZAWCHC 147 dated 5 August 2021 (WCC)
Relevant, applicable legal provisions
Section 56 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:
“WRITTEN NOTICE TO APPEAR IN COURT
56. Written notice as method of securing attendance of accused in magistrate’s court
(1) If an accused is alleged to have committed an offence and a peace officer on reasonable grounds believes that a magistrate’s court, on convicting such accused of that offence, will not impose a fine exceeding the amount determined by the Minister [of Justice] from time to time by notice in the Gazette, such peace officer may, whether or not the accused is in custody, hand to the accused a written notice [J534 form] which shall -