The expungement of criminal records in South Africa: a constitutional analysis of section 271b(1) of the criminal procedure act 51 of 1977.

Abstract

The expungement of criminal records in South Africa: A constitutional analysis of section 271B(1) of the Criminal Procedure Act 51 of 1977. Many inhabitants of South Africa have criminal records. The exact amount is unknown, but it has been estimated to exceed 1 million. Section 271B of the Criminal Procedure Act 51 of 1977 provides certain instances in which a criminal record may be expunged. This study unpacks the questions of why section 271B(1) only applies to certain minor offences; how the differentiation affects the rights of persons who were convicted of minor offences but are not eligible for expungement as well as how the provision can give effect to the right of equality before the law. This study intends to indicate that the current expungement legislation is flawed and that the differentiation inherent insection 271B is unjustifiably discriminatory and therefore not in accordance with the Constitution.