The Repeal of the Transkeian Penal Code Act, 2023, is now in force. This is according to a presidential proclamation gazetted on 2 April 2024, when the Act commenced.

By repealing the 1983 penal code, the new piece of legislation:

  • reinstates common-law rules, crimes and defences abolished at the time throughout an area formerly known as the Republic of Transkei
  • provides legal certainty where, before, it was unclear if the code superseded common law, and
  • demonstrates government’s ongoing commitment to a unitary judicial system’.

This notwithstanding, the Act’s transitional provisions provide that legal and other proceedings begun before its commencement should continue regardless.

Published by SA Legal Academy Policy Watch

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