Q7

The South African judiciary plays an important role in interpreting and applying criminal law. Here are
some key aspects……

1-Interpreting the Law-Legal provisions may be interpreted by the judiciary. Judges and
magistrates interpret statutes, case law, and constitutional principles in order to decide how to
apply and interpret them in court. This interpretation guarantees the protection of legal rights and
the uniform application of the law.

2-Issuing Binding Rulings-Courts render final decisions on cases involving law. Future cases will
be guided by the precedents these rulings set. A court's interpretation of a legislation or
constitutional provision sets a precedent that subordinate courts are required to abide by.

Q8
-Sentencing and punishment are administered according to a set system under South African
criminal law, which include the following
1-Trial Courts and Sentencing-Trial courts in South Africa determine appropriate punishments
based on the severity of the offense. There are three guiding principles considered during
sentencing legality, Equality, and proportionality.
2-Human right and sentencing -when determining sentences, human rights is considered by the
courts. Victim’s rights are also considered, emphasizing proper prosecutions and punishment.

Q9

-Of course! In recent years, there have been some noteworthy advancements and modifications
to South African criminal law.
1. Amendment Bills in 2021: The Department of Justice introduced the following three amendment
proposals towards the end of 2020.
 Criminal and Related Matters Amendment Act 12 of 2021: The purpose of this bill is to
address a number of issues pertaining to criminal procedures and associated matters.
 Criminal Law (Sexual Offences and Related Matters) Amendment Act 13 of 2021: This
measure, which focuses on sexual assaults, aims to strengthen victim rights and
streamline the processing of cases involving these offenses.
 Domestic violence amendment act 14 0f 2021: This bill seeks to improve victim
assistance and fortify laws against domestic abuse.
2. Sentencing Reforms: The sentencing procedures in South African criminal law have been the
subject of recent revisions. An equilibrium between retaliation, deterrence, rehabilitation, and
reintegration of offenders is being attempted to be achieved. These changes acknowledge that
violent crime must be addressed, particularly violence against women and other vulnerable
groups.