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CPR3701 Criminal Procedure Assignment 1 2021
- Institution
- University Of South Africa (Unisa)
This document comprises the Memorandum of the MRL3701 Assignment 1, 2021
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CPR3701 Criminal Procedure Assignment 1 2021Unique
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Number: 882186
Assignment 1 2021 Unique number : 882186
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dejongriery@gmail.com
1/1/2021
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, Question 1:
1. The Supreme Court of Appeal
The Supreme Court of Appeal (hereinafter referred to as the SCA) may 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 (hereinafter referred to as the CC). 1 also, the court has the
inherent power to develop the common law with due regard to the interests of justice.2
The SCA is a court of appeal only and not a court of the first instance. This court does
not have original sentencing jurisdiction but may correct incorrect sentences
following the sentencing jurisdiction of the trial court as a court of the first instance.
This court has the inherent power to protect and regulate its procedures.
Also, the SCA has the authority to hear an appeal against any order or judgment of the
High Court (hereinafter referred to as HC) and to decide on such an appeal. Persons
who have been found guilty by a division of the HC may not automatically appeal to
the SCA. The general rule is that leave has first be sought from the HC (or refusal
from the SCA) before an appeal can be made to the SCA.
The SCA also has certain powers in terms of section 333 of the Criminal Procedure
Act. The provision purports that whenever the Minister of Justice has any doubts as to
the correctness of any decision given by any division of the HC in any criminal case
on a question of law given by any other division of the HC, he 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, so that it may determine the said question for future
guidance of all courts.
2. Provincial and local divisions of the High Court.
The divisions of the HC have original jurisdiction in respect of all offences,
committed within their respective areas has been extended in the following respects:
a. In Hull 1948 (4) SA 239 (C) it was held that a division of the HC has jurisdiction
to put into effect a suspended sentence imposed by another division or by a
magistrate’s court.
b. The legislature sometimes lays down, in respect of specific offences, that they
shall for jurisdiction be deemed to have been committed in any place where the
accused happens to be.3
c. The court in Fairfield 1920 CPD 279, held that if an Act creates an offence and
confers jurisdiction merely on a lower court in respect of such offence, the
1
The Constitution of the Republic of South Africa, 1996, s 170.
2
The Constitution (n 3 above) s 173.
3
Section 4 of the Civil Aviation Offences Act 10 of 1972, provides an example.
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