Text in Afrikaans / Infringement, by the executive, of the right to privacy of the individual is an everyday occurrence. Section 14 of the Constitution, Act 108 of 1996 protects the right to privacy. The Criminal Procedure Act, Act 51 of 1977 authorises the police service, to search for and seize articles, to enter premises, ascertain bodily features of accused and to employ traps and undercover operations. On the one hand the Criminal Procedure Act authorises the police to infringe the privacy of the individual but on the other hand it guarantees the privacy of the individual. The provisions of the Criminal Procedure Act are qualified by the Constitution, specifically by section 36 and 35(5). The authorisation of a police officer should be obtained before a person could be arrested without a warrant, which should, in any event, be the last resort. The written permission of an officer must be obtained prior to the making of an application for a warrant to a magistrate. A police officer should be prohibited from issuing a search warrant, as the general perception of the public is that members of the police may not be sufficiently independent. The exercising of magistrates' discretion regarding the decision as to whether a search warrant should be issued or not should be extended. A search warrant should comply with strict requirements as to who may execute the warrant, when, how and when the warrant will become invalid. Search and seizure without a warrant should not be allowed at all, except in circumstances where there is an immediate threat or danger to a person, property or the public safety. In cases of urgency, it should be made possible to obtain the telephonic permission from a magistrate to search property. Where necessary to ascertain the bodily features of an accused through surgery, a compulsory application in terms of section 37(3) should be made to the court for authorisation, irrespective of whether the accused consents to the surgery or not. More importance should be attached to the rights of the individual and the powers of the executive should be limited. / Jurisprudence / LL.D

Text in Afrikaans / Infringement, by the executive, of the right to privacy of the individual is an everyday occurrence. Section 14 of the Constitution, Act 108 of 1996 protects the right to privacy. The Criminal Procedure Act, Act 51 of 1977 authorises the police service, to search for and seize articles, to enter premises, ascertain bodily features of accused and to employ traps and undercover operations. On the one hand the Criminal Procedure Act authorises the police to infringe the privacy of the individual but on the other hand it guarantees the privacy of the individual. The provisions of the Criminal Procedure Act are qualified by the Constitution, specifically by section 36 and 35(5). The authorisation of a police officer should be obtained before a person could be arrested without a warrant, which should, in any event, be the last resort. The written permission of an officer must be obtained prior to the making of an application for a warrant to a magistrate. A police officer should be prohibited from issuing a search warrant, as the general perception of the public is that members of the police may not be sufficiently independent. The exercising of magistrates' discretion regarding the decision as to whether a search warrant should be issued or not should be extended. A search warrant should comply with strict requirements as to who may execute the warrant, when, how and when the warrant will become invalid. Search and seizure without a warrant should not be allowed at all, except in circumstances where there is an immediate threat or danger to a person, property or the public safety. In cases of urgency, it should be made possible to obtain the telephonic permission from a magistrate to search property. Where necessary to ascertain the bodily features of an accused through surgery, a compulsory application in terms of section 37(3) should be made to the court for authorisation, irrespective of whether the accused consents to the surgery or not. More importance should be attached to the rights of the individual and the powers of the executive should be limited. / Jurisprudence / LL.D

The State as the representative of the victims of crime is expected to protect those vulnarable group of people with due regard to the rights of the perpetrators’s of crime. It is imperative that the law of general application which is aimed at protecting victims of crime, be sufficiently effective to protect the victims. The Criminal Procedure Act 51 of 1977 is aimed at assisting the police to conduct pre-trial criminal procedure in order to bring perpetrators of crime to book. Sections 36A, 36B, 36C and 37 (both previous and as amended) of the Criminal Procedure Act including chapter 5A of the South African Police Act, 1995 are explored in this dissertation. This dissertation examines the areas in the Criminal Procedure Act that make it problematic for the police to conduct efficient and effective crime detection through the ascertainment of bodily features of the suspected or accused person. The law in three foreign jurisdictions relating to this topic are investigated and compared in order to make recommendations and suggest possible solutions. / Criminal & Procedural Law / LL.M.

The State as the representative of the victims of crime is expected to protect those vulnarable group of people with due regard to the rights of the perpetrators’s of crime. It is imperative that the law of general application which is aimed at protecting victims of crime, be sufficiently effective to protect the victims. The Criminal Procedure Act 51 of 1977 is aimed at assisting the police to conduct pre-trial criminal procedure in order to bring perpetrators of crime to book. Sections 36A, 36B, 36C and 37 (both previous and as amended) of the Criminal Procedure Act including chapter 5A of the South African Police Act, 1995 are explored in this dissertation. This dissertation examines the areas in the Criminal Procedure Act that make it problematic for the police to conduct efficient and effective crime detection through the ascertainment of bodily features of the suspected or accused person. The law in three foreign jurisdictions relating to this topic are investigated and compared in order to make recommendations and suggest possible solutions. / Criminal and Procedural Law / LL.M.