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CPR3701 - ASSIGNMENT 01 – FIRST SEMESTERUNIQUE NUMBER: 882186
Question 1
The general rule is that our courts may only adjudicate on offences that have been committed
within the borders of the Republic. There are, however, certain exceptions to this general rule,
which allows local courts to preside over matters where the alleged offences have been
committed outside of the borders of the Republic.
Section 165 of the Constitution1 vests judicial authority in the courts. Below, the jurisdiction of
these courts (excluding the Constitutional Court, for purposes of this assignment) in respect
of offences has been set out.
1. The Supreme Court of Appeal (SCA)
In terms of section 168(3)(a)2, the SCA has the jurisdiction to decide on appeals in any
matter arising from the High Court of South Africa or a court of similar status, with the
exception of labour or competition matters, to such an extent provided for by a statutory
enactment of Parliament.
Section 168(3)(b), provides a limitation to the jurisdiction of the SCA, in that the SCA
may only decide on matters of appeal3, issues connected with appeals4 and any other
matter that may be referred to it in circumstances envisaged by an Act of Parliament.5
1
The Constitution of the Republic of South Africa, 1996.
2
The Constitution, 1996.
3
Section 168(3)(B)(i) of the Constitution, 1996.
4
Section 168(3)(B)(ii) of the Constitution, 1996.
5
Section 168(3)(B)(ii) of the Constitution, 1996.
, In essence, the SCA is not a court of first instance. Instead, as the name suggests, it
is a court of appeal. As such, this court does not have original sentencing jurisdiction,
but it has the authority to change incorrect sentences, with the exception of matters of
contempt of court, where this court has an inherent jurisdiction to impose a sentence.6
2. Provincial and local divisions of the High Court
Section 169(1)(a) and (b)7 defines the powers of the High Court, which essentially
grants this court original jurisdiction in respect of all offences.8
3. The district magistrate’s courts.
District courts may try all crimes, except for treason, murder, rape, and compelled rape.
In certain instances, a district court may try serious offences against the state.
4. The regional magistrate’s courts.
Regional courts have the jurisdiction to try all crimes except treason. Rape and murder
cases may thus be charged in regional courts.
Question 2
The Latin term “dominus litis”, when used to describe the prosecution, translates to “master of
the case” in English. In essence, it means that the prosecution can do what is legally required
to commence criminal proceedings, such as determining what charges to bring as well as the
time and place of the trial.
This power of the prosecution is not absolute, because the judiciary performs an essential
oversight function, by exercising a certain degree of residual control over the decisions of the
prosecution. Ensuring that fairness is exercised is the guiding factor for the judiciary in
exercising this control.
6
Textbook – Chapter 2, page 35.
7
The Constitution, 1996.
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