CPR3701
ASSIGNMENT 1
SEMESTER 1
ANSWERS 2026
CPR3701 ASSIGNMENT 1 SEMESTER 1
ANSWERS 2026
, Assignment 1
CPR3701
Due: 20 March 2026, 6:00 PM
1. Key point: The Supreme Court of Appeal (SCA) is not an original-trial court. In
South Africa, indictable criminal offences are normally tried in the High Court (or, in
lesser matters, in a regional magistrate’s court). The SCA is an appellate court that
deals with appeals from the High Court on questions of law or on the record. It does
not conduct trials or receive new evidence.
Critically, the NDPP’s decision to have A “first appear” in the SCA and to conduct the
trial there is therefore:
- Jurisdictional problem: The SCA has no original jurisdiction to try criminal cases. A
trial (with witnesses, evidence, cross-examination, and a verdict) cannot be
conducted in the SCA. An appearance could be for an appeal or review of a High
Court decision, not for trial. This makes the proposed arrangement legally
inappropriate and ultra vires.
- Proper forum for trial: The offences are alleged to have occurred in Cape Town
(Western Cape). The normal place of trial for indictable offences is the High Court of
the province where the offence occurred (or where the indictment is placed). Arrest
in Pretoria does not by itself give the SCA jurisdiction to try the case. If there is
concern about venue or convenience, the remedy lies in transferring or changing the
venue to the appropriate High Court division, not in moving proceedings to the SCA.
- Change-of-venue mechanisms (and their limits): If there are concerns about
prejudice, safety, or convenience, the appropriate remedies are (a) a change of
venue within the High Court or (b) a transfer to the Western Cape High Court, or (c)
ordering a trial in a different division, under the relevant provisions of the Criminal
Procedure Act. None of these involve holding a trial in the SCA.
- Rights and fairness considerations: Moving the trial to the SCA would undermine
core fair-trial guarantees (e.g., the right to be tried in a competent trial court, the right
ASSIGNMENT 1
SEMESTER 1
ANSWERS 2026
CPR3701 ASSIGNMENT 1 SEMESTER 1
ANSWERS 2026
, Assignment 1
CPR3701
Due: 20 March 2026, 6:00 PM
1. Key point: The Supreme Court of Appeal (SCA) is not an original-trial court. In
South Africa, indictable criminal offences are normally tried in the High Court (or, in
lesser matters, in a regional magistrate’s court). The SCA is an appellate court that
deals with appeals from the High Court on questions of law or on the record. It does
not conduct trials or receive new evidence.
Critically, the NDPP’s decision to have A “first appear” in the SCA and to conduct the
trial there is therefore:
- Jurisdictional problem: The SCA has no original jurisdiction to try criminal cases. A
trial (with witnesses, evidence, cross-examination, and a verdict) cannot be
conducted in the SCA. An appearance could be for an appeal or review of a High
Court decision, not for trial. This makes the proposed arrangement legally
inappropriate and ultra vires.
- Proper forum for trial: The offences are alleged to have occurred in Cape Town
(Western Cape). The normal place of trial for indictable offences is the High Court of
the province where the offence occurred (or where the indictment is placed). Arrest
in Pretoria does not by itself give the SCA jurisdiction to try the case. If there is
concern about venue or convenience, the remedy lies in transferring or changing the
venue to the appropriate High Court division, not in moving proceedings to the SCA.
- Change-of-venue mechanisms (and their limits): If there are concerns about
prejudice, safety, or convenience, the appropriate remedies are (a) a change of
venue within the High Court or (b) a transfer to the Western Cape High Court, or (c)
ordering a trial in a different division, under the relevant provisions of the Criminal
Procedure Act. None of these involve holding a trial in the SCA.
- Rights and fairness considerations: Moving the trial to the SCA would undermine
core fair-trial guarantees (e.g., the right to be tried in a competent trial court, the right
