Assignment 1 Semester 1 2026
Unique number:
Due Date: 20 March 2026
QUESTION 1
The decision of the National Director of Public Prosecutions to have A appear and be tried in
the Supreme Court of Appeal is legally incorrect and ineffective. The Supreme Court of
Appeal is an appellate court. It does not function as a court of first instance in criminal
matters. Its main role is to hear appeals from the High Court and certain other courts, as
provided for in section 168 of the Constitution.1
Criminal trials must begin in a court that has original jurisdiction. In serious offences, this
would normally be the High Court within the area where the offence was committed. Since
the alleged crimes were committed in Cape Town, the Western Cape High Court would have
territorial jurisdiction.1
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