CPR3701 assignment 1 2021 answers

CPR3701 Due date: 24 May 2021 Semester 1 Assignment 1
Student number: 55612792 Unique number: 882186 Ashleigh Hala

Question 1

The jurisdiction in respect of offences regarding the following courts will now be
discussed:

1. The Supreme Court of Appeal (SCA) acts as a court of appeal only and is
therefore not a court of first instance, except in cases of contempt of court
whereby it may impose a sentence according to section 41 of the Superior
Courts Act 10 of 20131. With regards to offences committed on South
African territory, according to section 16 of the Superior Courts Act 10 of
2013, the jurisdiction of the SCA is extended to hearing an appeal against
any judgement of a High Court in South Africa, including the decision of
such an appeal2. In addition to this, the SCA may also hear matters that are
referred to it by the Minister of Justice when there is uncertainty regarding
the correctness of a judgement handed down by the High Court in a
criminal case on a point of law or whenever one of these judgements
handed down by the High Court conflicts with a decision made by another
division of the High Court. The SCA will then argue these decisions in order
to resolve the conflict and determine which decision holds for future cases3.


2. Provincial and local divisions of the High Court have original jurisdiction in
respect of all offences4. With regards to jurisdiction and extended
jurisdiction in respect of offences committed on South African territory, the
provincial divisions of the High Court have original jurisdiction in respect of
all offences committed within their respective areas, according to the
Superior Courts Act 10 of 20135. This rule has, however, been extended as
seen in the cases and Acts discussed next. In Hull 1948 (4) SA 239 (C), it
was held that one division “of the High Court has jurisdiction to put into
effect a suspended sentence imposed by another division or Magistrates’
Court”6. According to the Civil Aviation Offences Act 10 of 1972, “an offence


1
Joubert, J., 2020, Criminal Procedure Handbook, (35).
2
Joubert, J., 2020, Criminal Procedure Handbook, (35).
3
Joubert, J., 2020, Criminal Procedure Handbook, (35).
4
Joubert, J., 2020, Criminal Procedure Handbook, (39).
5
Joubert, J., 2020, Criminal Procedure Handbook, (39).
6
Joubert, J., 2020, Criminal Procedure Handbook, (39).

, CPR3701 Due date: 24 May 2021 Semester 1 Assignment 1
Student number: 55612792 Unique number: 882186 Ashleigh Hala

is deemed to have been committed in any place where the accused
happens to be”7. In Fairfield 1920 CPD 279, “it was held that if an Act
creates an offence and confers jurisdiction merely on a lower court in
respect of such offence”, the High Court is not excluded from hearing the
trials8. Section 111 of the Criminal Procedure Act (CPA) gives the National
Director of Public Prosecutions to order a trial in a court within the area of a
Director of Public Prosecutions even though the offence was committed in
the area of another director. Section 22(3) of the National Prosecuting
Authority Act 32 of 1998 states nearly the same as above if it is in the
interest of the administration of justice.


With regards to jurisdiction and extended jurisdiction in respect of offences
committed on South African territory, the local divisions of the High Court
have an area of jurisdiction that each include several magisterial districts. In
these different areas of jurisdiction of the local divisions, the provincial
divisions also have jurisdiction.


3. The district magistrate’s courts have jurisdiction to try all crimes except for
treason, murder and rape. Serious offences against the state may also be
heard by this court9.

4. The regional magistrate’s courts have jurisdiction to try all crimes except
treason10, thus it can hear matters of murder and rape.

There are two different types of trial that may be heard by district and regional
magistrate’s courts, namely summary trials and preparatory examination. In a
summary trial, the accused is charged in the Magistrates’ Court and this court
decides whether he or she is guilty. Section 90 of the Magistrates’ Courts Act
states that district or regional courts have the jurisdiction to hear trials relating to
offences committed within the district or regional division11. The 4km rule is an
extension of this principle and can be applied to any offence under common law

7
Joubert, J., 2020, Criminal Procedure Handbook, (39).
8
Joubert, J., 2020, Criminal Procedure Handbook, (39).
9
Joubert, J., 2020, Criminal Procedure Handbook, (39).
10
Joubert, J., 2020, Criminal Procedure Handbook, (39).
11
Joubert, J., 2020, Criminal Procedure Handbook, (40).