CPR3701
Assignment 1
DUE:20 MARCH 2026
, CPR3701 – CRIMINAL PROCEDURE
ASSIGNMENT 1
Due: 20 March 2026
QUESTION 1 [5 MARKS]
The Jurisdiction and Competence of the Supreme Court of Appeal to Conduct Criminal
Trials
1. Introduction
The decision by the National Director of Public Prosecutions (NDPP) to direct that accused A
should first appear before the Supreme Court of Appeal (SCA), and that the trial should be
conducted therein, raises fundamental questions of criminal jurisdiction, judicial competence,
and the separation of powers. This answer critically examines the efficacy of that decision.
2. The Nature and Jurisdiction of the Supreme Court of Appeal
The SCA is a creature of statute and constitutional design. Section 168 of the Constitution of
the Republic of South Africa, 1996 (the Constitution) establishes the SCA as an appellate
court. It is not a court of first instance in criminal matters. The SCA's jurisdiction is defined
by the Superior Courts Act 10 of 2013. Section 13(1) thereof provides that the SCA has
jurisdiction to hear and determine an appeal against any decision of a High Court, a Full
Court, or a Special Tribunal. No provision in the Superior Courts Act confers upon the SCA
original jurisdiction to conduct criminal trials.
Section 166 of the Constitution situates the SCA within the court structure as a court of
appeal. This constitutional architecture confirms that the SCA exercises appellate jurisdiction
only and does not have the power to conduct criminal trials as a court of first instance.
3. Jurisdiction over the Offences: The High Court of the Western Cape
The governing provision regarding place of trial is section 90 of the Criminal Procedure Act
51 of 1977 (CPA). Section 90 provides that any offence may be tried by a court within whose
area of jurisdiction the offence was committed, or a court within whose area the accused is
found, or the accused resides, or where the accused is employed. Since the offences were
allegedly committed in Cape Town, the court with primary jurisdiction is the Western Cape
Division of the High Court (or the relevant Magistrates' Court, depending on the gravity of
the offence).
Assignment 1
DUE:20 MARCH 2026
, CPR3701 – CRIMINAL PROCEDURE
ASSIGNMENT 1
Due: 20 March 2026
QUESTION 1 [5 MARKS]
The Jurisdiction and Competence of the Supreme Court of Appeal to Conduct Criminal
Trials
1. Introduction
The decision by the National Director of Public Prosecutions (NDPP) to direct that accused A
should first appear before the Supreme Court of Appeal (SCA), and that the trial should be
conducted therein, raises fundamental questions of criminal jurisdiction, judicial competence,
and the separation of powers. This answer critically examines the efficacy of that decision.
2. The Nature and Jurisdiction of the Supreme Court of Appeal
The SCA is a creature of statute and constitutional design. Section 168 of the Constitution of
the Republic of South Africa, 1996 (the Constitution) establishes the SCA as an appellate
court. It is not a court of first instance in criminal matters. The SCA's jurisdiction is defined
by the Superior Courts Act 10 of 2013. Section 13(1) thereof provides that the SCA has
jurisdiction to hear and determine an appeal against any decision of a High Court, a Full
Court, or a Special Tribunal. No provision in the Superior Courts Act confers upon the SCA
original jurisdiction to conduct criminal trials.
Section 166 of the Constitution situates the SCA within the court structure as a court of
appeal. This constitutional architecture confirms that the SCA exercises appellate jurisdiction
only and does not have the power to conduct criminal trials as a court of first instance.
3. Jurisdiction over the Offences: The High Court of the Western Cape
The governing provision regarding place of trial is section 90 of the Criminal Procedure Act
51 of 1977 (CPA). Section 90 provides that any offence may be tried by a court within whose
area of jurisdiction the offence was committed, or a court within whose area the accused is
found, or the accused resides, or where the accused is employed. Since the offences were
allegedly committed in Cape Town, the court with primary jurisdiction is the Western Cape
Division of the High Court (or the relevant Magistrates' Court, depending on the gravity of
the offence).
