CPR3701 Exam Pack
2021 ASSIGNMENT MEMOS 2020 EXAM MEMOS
2020 ASSIGNMENT MEMOS 2019 EXAM MEMOS
2019 ASSIGNMENT MEMOS 2018 EXAM MEMOS
2018 ASSIGNMENT MEMOS 2017 ASSIGNMENT MEMOS
2016 ASSIGNMENT MEMOS 2015 EXAM MEMOS
2014 EXAM MEMOS 2013 EXAM MEMOS
PRACTICE QUESTIONS LONGER QUESTIONS
, 2021/ALL-Assignment 01
Question 1 2021/ALL-Assignment 01
Discuss the jurisdiction in respect of offences, of the following courts:
1. The Supreme Court of Appeal
2. Provincial and local divisions of the High Court
3. The district courts or magistrates’ courts
4. The regional courts (15)
Answer
1. The Supreme Court of Appeal (See p. 34 – 35 (par. 2.2) of the Handbook)
The Supreme Court of Appeal (SCA) is essentially a court of appeal. Thus, the SCA
operates, for all intents and purposes primarily as a court of appeal only and not a
court of first instance. The SCA does not have original sentencing jurisdiction, but may
correct incorrect sentences in accordance with the sentencing jurisdiction of the trial
court as a court of first instance.
In terms of s 172 of the Constitution, the court has inherent power to protect and
regulate its own procedures. The court has the power, like other superior courts, to
order the removal of any person interrupting the proceedings or influencing or insulting
any member of the court—s 41 of Act 10 of 2013.
The SCA has the authority to hear an appeal against any order or judgment of the
High Court and to decide such appeal. Persons who have been found guilty by a
division of the High Court may not automatically appeal to the SCA. The general
principle in this regard is that leave to appeal must first to be sought from the High
Court before an appeal can be made to the SCA.
In terms of s 333 of the CPA whenever the Minister of Justice has any doubt as to the
correctness of any decision given by any division of the High Court in any criminal
case on a question of law, or whenever a decision in any criminal case on a question
of law is given by any division of the High Court which is in conflict with a decision in
any criminal case on a question of law given by any other division of the High Court,
the Minister may submit that decision or, as the case may be, such conflicting
,decisions to the SCA, and cause the matter to be argued before it, in order that it may
determine the said question for the future guidance of all courts.
The SCA may decide any matter on appeal and may enquire into and rule on the
constitutionality of any legislation or any conduct of the President—s 170 of the
Constitution. The SCA may also make an order concerning the constitutionality of an
Act of Parliament, a provincial Act or any conduct of the President, but such an order
must be confirmed by the Constitutional Court—s 172 of the Constitution.
2. Provincial and local divisions of the High Court (See p. 37 (par. 2.3.3) of the
Handbook)
Provincial and local divisions have original jurisdiction (in other words the ability to act
as the court of first instance) in respect of all offences.
The divisions of the High Court of South Africa have appeal and review jurisdiction in
respect of criminal proceedings emanating from lower courts. Furthermore, all the
main divisions of the High Court and the Gauteng Division of the High Court,
Johannesburg, when sitting as a ‘full court’ (ie sitting with three judges), have appellate
jurisdiction to hear an appeal in a criminal case decided by a single judge if the
questions of law and of fact and other considerations involved in the appeal are of
such a nature that the appeal does not require the attention of the Supreme Court of
Appeal.
3. District courts (See p. 39 (par. 4.1) of the Handbook)
A district court has jurisdiction to try all crimes except treason, murder and rape. A
district court may even try some serious offences against the State.
4. Regional courts (See p. 39 (par. 4.1) of the Handbook)
A regional court may try all crimes except treason. A regional court may thus try murder
and rape.
Question 2 (See p. 76 (par. 4.13) of the Handbook)
In the criminal justice system, the prosecution can do what is legally permissible
to set criminal proceedings in motion, such as determining the charges and the
date and venue of the trial. Discuss the phrase ‘the prosecution as dominus
litis’. (15)
, Answer
The prosecution can be described as dominus litis (‘master of the case’) [see Zuma
2006 (2) SACR 257 (W)]. It merely means that the prosecution can do what is legally
permissible to set criminal proceedings in motion, such as determining the charges
and the date and venue of the trial. An element of residual control by the courts over
decisions taken by the prosecution as dominus litis, remains essential. Fairness to the
accused is an important guideline in exercising this control. The following examples
illustrate this point:
In Khoza 1989 (3) SA 60 (T) it was held that the prosecution, precisely because it is
dominus litis, should formulate and consolidate all its charges, in relation to a particular
set of facts, to be tried in a single case.
Similarly, although the prosecution can as dominus litis determine the numerical order
in which several accused are named in the charge or indictment, the court may, in the
interests of justice and fairness, order that the sequence in which the accused present
their evidence be varied –Swanepoel 1980 (2) SA 81 (NC) at 84D.
A presiding judicial officer in a criminal case does not have the authority to close the
State’s case if the prosecutor is unwilling to do so. But if the prosecutor, after an
application by him for the postponement of the trial has rightfully been rejected by the
court, refuses to adduce evidence or to close the State’s case, the judicial officer will
continue with the proceedings as if the prosecutor had indeed closed the State’s case
– Magoda 1984 (4) SA 462 (C).
Question 3 (See p. 120 (par. 1) of the Handbook
It is a basic principle of the law of criminal procedure in almost every civilised
community that the trial of an accused must take place in his presence and that
the verdict of the court and the sentence that it imposes must be pronounced in
his presence. Critically evaluate this position in light of the Constitution and
judicial interpretation. (20)
Answer
The general rule as to presence at trial was written into s 34 and 35(3)(c) and (e) of
the Constitution, safeguarding access to courts and including (as part of the right to a
2021 ASSIGNMENT MEMOS 2020 EXAM MEMOS
2020 ASSIGNMENT MEMOS 2019 EXAM MEMOS
2019 ASSIGNMENT MEMOS 2018 EXAM MEMOS
2018 ASSIGNMENT MEMOS 2017 ASSIGNMENT MEMOS
2016 ASSIGNMENT MEMOS 2015 EXAM MEMOS
2014 EXAM MEMOS 2013 EXAM MEMOS
PRACTICE QUESTIONS LONGER QUESTIONS
, 2021/ALL-Assignment 01
Question 1 2021/ALL-Assignment 01
Discuss the jurisdiction in respect of offences, of the following courts:
1. The Supreme Court of Appeal
2. Provincial and local divisions of the High Court
3. The district courts or magistrates’ courts
4. The regional courts (15)
Answer
1. The Supreme Court of Appeal (See p. 34 – 35 (par. 2.2) of the Handbook)
The Supreme Court of Appeal (SCA) is essentially a court of appeal. Thus, the SCA
operates, for all intents and purposes primarily as a court of appeal only and not a
court of first instance. The SCA does not have original sentencing jurisdiction, but may
correct incorrect sentences in accordance with the sentencing jurisdiction of the trial
court as a court of first instance.
In terms of s 172 of the Constitution, the court has inherent power to protect and
regulate its own procedures. The court has the power, like other superior courts, to
order the removal of any person interrupting the proceedings or influencing or insulting
any member of the court—s 41 of Act 10 of 2013.
The SCA has the authority to hear an appeal against any order or judgment of the
High Court and to decide such appeal. Persons who have been found guilty by a
division of the High Court may not automatically appeal to the SCA. The general
principle in this regard is that leave to appeal must first to be sought from the High
Court before an appeal can be made to the SCA.
In terms of s 333 of the CPA whenever the Minister of Justice has any doubt as to the
correctness of any decision given by any division of the High Court in any criminal
case on a question of law, or whenever a decision in any criminal case on a question
of law is given by any division of the High Court which is in conflict with a decision in
any criminal case on a question of law given by any other division of the High Court,
the Minister may submit that decision or, as the case may be, such conflicting
,decisions to the SCA, and cause the matter to be argued before it, in order that it may
determine the said question for the future guidance of all courts.
The SCA may decide any matter on appeal and may enquire into and rule on the
constitutionality of any legislation or any conduct of the President—s 170 of the
Constitution. The SCA may also make an order concerning the constitutionality of an
Act of Parliament, a provincial Act or any conduct of the President, but such an order
must be confirmed by the Constitutional Court—s 172 of the Constitution.
2. Provincial and local divisions of the High Court (See p. 37 (par. 2.3.3) of the
Handbook)
Provincial and local divisions have original jurisdiction (in other words the ability to act
as the court of first instance) in respect of all offences.
The divisions of the High Court of South Africa have appeal and review jurisdiction in
respect of criminal proceedings emanating from lower courts. Furthermore, all the
main divisions of the High Court and the Gauteng Division of the High Court,
Johannesburg, when sitting as a ‘full court’ (ie sitting with three judges), have appellate
jurisdiction to hear an appeal in a criminal case decided by a single judge if the
questions of law and of fact and other considerations involved in the appeal are of
such a nature that the appeal does not require the attention of the Supreme Court of
Appeal.
3. District courts (See p. 39 (par. 4.1) of the Handbook)
A district court has jurisdiction to try all crimes except treason, murder and rape. A
district court may even try some serious offences against the State.
4. Regional courts (See p. 39 (par. 4.1) of the Handbook)
A regional court may try all crimes except treason. A regional court may thus try murder
and rape.
Question 2 (See p. 76 (par. 4.13) of the Handbook)
In the criminal justice system, the prosecution can do what is legally permissible
to set criminal proceedings in motion, such as determining the charges and the
date and venue of the trial. Discuss the phrase ‘the prosecution as dominus
litis’. (15)
, Answer
The prosecution can be described as dominus litis (‘master of the case’) [see Zuma
2006 (2) SACR 257 (W)]. It merely means that the prosecution can do what is legally
permissible to set criminal proceedings in motion, such as determining the charges
and the date and venue of the trial. An element of residual control by the courts over
decisions taken by the prosecution as dominus litis, remains essential. Fairness to the
accused is an important guideline in exercising this control. The following examples
illustrate this point:
In Khoza 1989 (3) SA 60 (T) it was held that the prosecution, precisely because it is
dominus litis, should formulate and consolidate all its charges, in relation to a particular
set of facts, to be tried in a single case.
Similarly, although the prosecution can as dominus litis determine the numerical order
in which several accused are named in the charge or indictment, the court may, in the
interests of justice and fairness, order that the sequence in which the accused present
their evidence be varied –Swanepoel 1980 (2) SA 81 (NC) at 84D.
A presiding judicial officer in a criminal case does not have the authority to close the
State’s case if the prosecutor is unwilling to do so. But if the prosecutor, after an
application by him for the postponement of the trial has rightfully been rejected by the
court, refuses to adduce evidence or to close the State’s case, the judicial officer will
continue with the proceedings as if the prosecutor had indeed closed the State’s case
– Magoda 1984 (4) SA 462 (C).
Question 3 (See p. 120 (par. 1) of the Handbook
It is a basic principle of the law of criminal procedure in almost every civilised
community that the trial of an accused must take place in his presence and that
the verdict of the court and the sentence that it imposes must be pronounced in
his presence. Critically evaluate this position in light of the Constitution and
judicial interpretation. (20)
Answer
The general rule as to presence at trial was written into s 34 and 35(3)(c) and (e) of
the Constitution, safeguarding access to courts and including (as part of the right to a
