Criminal Law Code as at 1st March 2007
Provided that⎯
(i) an increase in the monetary amount corresponding to any level in the standard
scale of fines shall not have the effect of increasing the penalty to which any
person is liable in respect of a crime committed before the increase came into
effect;
(ii) a reduction in the monetary amount corresponding to any level in the standard
scale of fines shall reduce the penalty to which any person is liable in respect of
an offence committed before the reduction came into effect, if the penalty is
imposed after that date.
(6) A statutory instrument may not be made in terms of subsection (5) unless a draft has
been laid before and approved by resolution of Parliament.
281
References in enactments to common law crimes
Any reference in an enactment to a common law crime specified in the first column of the
Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified in
the second column opposite thereto.
282
Amendment of Acts
The Act specified in each Part of the Sixth Schedule is amended to the extent set out in that
Part.
283
Repeals
The Acts specified in the Seventh Schedule are repealed.
284
Savings
(1) Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section three
shall not⎯
(a) affect the previous operation of that law or anything duly done or suffered under that
law; or
(b) affect any crime committed against that law before the fixed date, or any penalty,
forfeiture or punishment incurred in respect thereof; or
(c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty,
forfeiture or punishment referred to in paragraph (b), and any such investigation, legal
proceeding or remedy shall be exercisable, continued or enforced and any such
penalty, forfeiture or punishment may be imposed as if that law had not been repealed.
(2) In the case of a trial commenced before the fixed date for a crime specified in the first
column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in
excess of the maximum sentence imposable for the equivalent crime under this Code specified
in the second column of the Fifth Schedule.
(3) For the avoidance of doubt it is declared that every crime in force in terms of any other
enactment immediately before the fixed date shall continue in force on and after such date
unless it is expressly repealed by this Code.
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