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CPR3701
Criminal Procedure
PORTFOLIO
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 15 OCTOBER 2024
Includes Footnotes and/or Bibliography.
PREVIEW
NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF FACTS SET OUT BELOW:
In Vermeulen, a town in the Northern Cape, South Africa, two rival gangs, the Hard Dyings and the Live to
Die are involved in a long-standing territorial struggle. One afternoon, a group from the Live to Die gang
attacks another from the Hard Dyings, at Strasso Street, Vermeulen. The members of the Live to Die gang
attack those of the Hard Dyings with an assortment of weapons. A, a member of the Hard Dyings, is
subsequently found dead by the police at the scene of the altercation.
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,Questions
NB: PLEASE NOTE THAT ALL THE QUESTIONS BELOW REFER TO THE SET OF
FACTS SET OUT BELOW:
In Vermeulen, a town in the Northern Cape, South Africa, two rival gangs, the Hard
Dyings and the Live to Die are involved in a long-standing territorial struggle. One
afternoon, a group from the Live to Die gang attacks another from the Hard Dyings,
at Strasso Street, Vermeulen. The members of the Live to Die gang attack those of
the Hard Dyings with an assortment of weapons. A, a member of the Hard Dyings,
is subsequently found dead by the police at the scene of the altercation.
Section 1
1.1 C, an alleged member of the Live to Die gang, is arrested in Johannesburg,
Gauteng, for the alleged murder of A during the gang-related altercation. Upon the
police charging C, the prosecutor, P, is of the view that the case should be heard in
the district court. Briefly discuss the accuracy or otherwise of the prosecutor’s
view in this regard. (2)
1.2 In any instance where the DPP declines to prosecute for an alleged offence, the
Criminal Procedure Act 51 of 1977 (hereinafter, “the CPA”) permits aggrieved
, individuals to institute and conduct a prosecution in respect of the alleged offence
in any competent court. H, A’s brother, is not satisfied with the prosecutor’s
decision not to proceed with the case against C. Briefly discuss whether H has
locus standi to proceed with a private prosecution against C. (2)
1.3 In terms of section 35(1)(d)(i) of the Constitution of the Republic of South Africa,
1996 (hereinafter, “the Constitution”), and section 50 of the CPA, an arrested
person must be brought to court within 48 hours of arrest. C was arrested by the
police on Tuesday morning at around 11h00. The investigating officer, Sergeant
Nosey Kekana, still needs to conduct further investigations. As a result, he makes
C to appear in court on Thursday of the same week, at 15h00. Briefly explain
whether Sergeant Kekana acted within the ambit of the law set out above. (2)
1.4 In terms of South African law, the courts of the Republic may only exercise
jurisdiction in respect of offences committed on South African territory. The
investigating officer, Sergeant Nosey Kekana, receives information from the
authorities in Botswana that C is being sought in Botswana in connection with the
alleged robbery of the Botswana People’s Bank (BPB). P, the prosecutor, is not
keen on extraditing C to Botswana. Briefly discuss whether the charges (relating
to the offences committed in Botswana) may be tried in South Africa, or in
Botswana. (2)
