Acts Online
GT Shield

Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 5 : Arrest

43. Warrant of arrest may be issued by magistrate or justice

 

(1) Any magistrate or justice may issue a warrant for the arrest of any person upon the written application of an attorney-general, a public prosecutor or a commissioned officer of police—
(a) which sets out the offence alleged to have been committed;
(b) which alleges that such offence was committed within the area of jurisdiction of such magistrate or, in the case of a justice, within the area of jurisdiction of the magistrate within whose district or area application is made to the justice for such warrant, or where such offence was not committed within such area of jurisdiction, which alleges that the person in respect of whom the application is made, is known or is on reasonable grounds suspected to be within such area of jurisdiction; and
(c) which states that from information taken upon oath there is a reasonable suspicion that the person in respect of whom the warrant is applied for has committed the alleged offence.

 

(1A) Notwithstanding any other law, an application for a warrant under this section in respect of the offences listed in section 21(1A)(a) to (d) may be made to any magistrate or justice, irrespective of whether or not the place of execution of the warrant, or the place where the alleged crime has been committed falls within the jurisdiction of such magistrate or justice.

[Section 43(1A) inserted by section 24(4) of the Protection of Constitutional Democracy against Terrorism and related activities Amendment Act, 2022 (Act No. 23 of 2022), Notice No. 1533, G47803, dated 29 December 2022 - effective 4 January 2023 per Proclamation Notice 110, GG47820, dated 4 January 2023]

 

(2) A warrant of arrest issued under this section shall direct that the person described in the warrant shall be arrested by a peace officer in respect of the offence set out in the warrant and that he be brought before a lower court in accordance with the provisions of section 50.

 

(3) A warrant of arrest may be issued on any day and shall remain in force until it is cancelled by the person who issued it or, if such person is not available, by any person with like authority, or until it is executed.