CPR3701
ASSIGNMENT 1
DUE DATE: 20 MARCH 2026
, CPR3701 ASSIGNMENT 1 2026 DUE 30 MARCH 2026
A is charged with the following offences, namely,
(1) Rape in terms of section 3 of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007; and
(2) Murder
1. The offences were allegedly committed in Cape Town. However, A
was arrested in Pretoria. Due to the nature and seriousness of the
alleged offences, the National Director of Public Prosecutions (NDPP)
decides that A should first appear in the Supreme Court of Appeal
(SCA), where the trial will also be conducted. Critically discuss the
efficacy of this decision.
The NDPP’s plan is ineffective because South Africa’s laws plainly prohibit
trying an accused at first instance in the Supreme Court of Appeal (SCA).
The SCA is a purely appellate court with no original criminal jurisdiction, so
no trial or first appearance can lawfully take place there. Under the
Constitution and the Superior Courts Act, the SCA
“only deals with cases sent to it from the High Court” and “may decide only
appeals and issues connected with appeals”. In contrast, criminal trials
must begin in the courts of first instance namely the Magistrates’ Courts or
the provincial High Courts not in the SCA.
ASSIGNMENT 1
DUE DATE: 20 MARCH 2026
, CPR3701 ASSIGNMENT 1 2026 DUE 30 MARCH 2026
A is charged with the following offences, namely,
(1) Rape in terms of section 3 of the Criminal Law (Sexual Offences and
Related Matters) Amendment Act 32 of 2007; and
(2) Murder
1. The offences were allegedly committed in Cape Town. However, A
was arrested in Pretoria. Due to the nature and seriousness of the
alleged offences, the National Director of Public Prosecutions (NDPP)
decides that A should first appear in the Supreme Court of Appeal
(SCA), where the trial will also be conducted. Critically discuss the
efficacy of this decision.
The NDPP’s plan is ineffective because South Africa’s laws plainly prohibit
trying an accused at first instance in the Supreme Court of Appeal (SCA).
The SCA is a purely appellate court with no original criminal jurisdiction, so
no trial or first appearance can lawfully take place there. Under the
Constitution and the Superior Courts Act, the SCA
“only deals with cases sent to it from the High Court” and “may decide only
appeals and issues connected with appeals”. In contrast, criminal trials
must begin in the courts of first instance namely the Magistrates’ Courts or
the provincial High Courts not in the SCA.
