Assignment 1 Semester 1 2026
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Due Date: 20 March 2026
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, QUESTION 1
The decision of the National Director of Public Prosecutions to have A appear first in
the Supreme Court of Appeal is legally incorrect and ineffective. The Supreme Court
of Appeal does not have jurisdiction to conduct criminal trials. Its function is to hear
appeals from the High Courts and other courts of similar status. It is an appellate
court and not a court of first instance in criminal matters.1
In terms of section 166 of the Constitution, the court structure of South Africa is
clearly defined.2 The Supreme Court of Appeal stands above the High Courts but
below the Constitutional Court. Its role is limited to deciding appeals. The High Court
is the court that has jurisdiction to try serious offences.3 Therefore, even if the
alleged offences are serious, the matter must start in a court that has original
jurisdiction, usually the High Court in the area where the offence was committed.
Since the offences were allegedly committed in Cape Town, the Western Cape
Division of the High Court would ordinarily have territorial jurisdiction.4 The arrest in
Pretoria does not transfer trial jurisdiction to another province or to the Supreme
Court of Appeal.
For these reasons, the NDPP decision is not legally sound and would likely be set
aside.
QUESTION 2
In terms of section 40 of the Criminal Procedure Act 51 of 1977, a peace officer may
arrest without a warrant if one of the listed jurisdictional facts is present. 5 If Sergeant
D had a reasonable suspicion that A committed a Schedule 1 offence, the arrest
would be lawful once that suspicion was based on objective facts. 6 In Mabona v
1
Superior Courts Act 10 of 2013 s 16.
2
Constitution of the Republic of South Africa, 1996 s 166.
3
Criminal Procedure Act 51 of 1977 s 110.
4
Criminal Procedure Act 51 of 1977 s 90.
5
Criminal Procedure Act 51 of 1977 s 40.
6
Ibid s 40(1)(b).
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