Chapter 2 - The Criminal Courts of the Republic Flashcards
Is there a seperate justice system for children ?
No, but child offenders are governed by the Child Justice Act and Criminal Procedure Act, which provide special provisions.
What is the significance of the Judicial Matters Second Amendment Act 43 of 2013 ?
It allows certain High Court divisions and Magistrates’ Courts to be designated as special sexual offences courts by the Minister.
What is the jurisdiction of the High Court regarding appeals and reviews ?
The High Court has appeal and review jurisdiction over decisions from lower courts.
When does the High Court sit as a ‘full court,’ and what is its role in appeals ?
- When sitting as a ‘full court’ (with three judges), the High Court has appellate jurisdiction to hear appeals in criminal cases decided by a single judge.
- This applies when the questions of law and fact, along with other considerations, do not require the attention of the Supreme Court of Appeal.
Is leave to appeal required for all
cases ?
Yes, leave to appeal is generally required unless specific circumstances related to child offenders are present.
How does concurrent jurisdiction affect the High Court’s divisions ?
- The main seat of a division has concurrent jurisdiction over the area of a ‘local’ seat of that division.
- This means that a case can be moved from the local seat to the main seat, resulting in parallel jurisdiction.
What does Section 170 of the Constitution state about lower courts’ jurisdiction ?
Lower courts do not have the jurisdiction to enquire into or rule on the constitutionality of any legislation or the conduct of the President.
What is the role of lower courts according to Section 29A of the Magistrates’ Court Act ?
Lower courts must decide whether to grant or deny leave to appeal or review a matter to the High Court, unless the appeal is lodged against a conviction or
sentence of chiefs, headmen and chiefs’ deputies.
What is the jurisdiction of the High Court regarding offences ?
The High Court has original jurisdiction in respect of all offences.
What crimes do District Courts have jurisdiction over ?
District Courts have jurisdiction to try all crimes except murder, treason, rape, compelled rape.
What is the jurisdiction of a Regional Court ?
A Regional Court may try all crimes except treason.
How does Section 58 of Act 120 of 1993 amend Section 89 ?
- Magistrates’ courts (except regional divisions) have jurisdiction over all offences except treason, murder, and rape.
- Regional Courts have jurisdiction over all offences except treason.
What is the difference between a summary trial and a preparatory examination ?
- Summary Trial is when the accused is charged in the magistrate’s court, which then decides whether they are guilty or not guilty.
- Preparatory Examination is when the accused is not tried. The magistrate only hears evidence and sends it to the Director of Public Prosecutions (DPP), who decides whether to prosecute and in which court.
What does Section 90 of the Magistrates’ Courts Act state about jurisdiction in summary trials ?
District and Regional Courts have jurisdiction to hear trials of offences committed within their district or regional division (which consists of multiple districts).
What is the “four kilometers rule” in Section 90 ?
It extends the court’s jurisdiction to include offences committed within four kilometers beyond the district or regional division boundary.
What happens if a person commits an offence falling under the four kilometers rule ?
They may be tried as if the offence had been committed within the district or regional division.
What are the exceptions where South African courts can exercise jurisdiction over offences committed outside South Africa ?
- High Treason.
- Genocide, Crimes Against Humanity, and War Crimes.
- Trafficking of Persons.
- Appropriation of Stolen Items.
- Offences Committed on Ships.
- Offences Committed on Aircraft.
- Offences on Subsequently Annexed Land.
- Antarctica Crimes.
- Certain Crimes Beyond Borders.
When can South African courts hear cases of High Treason ?
When a South African citizen commits treason while fighting for an enemy army against South Africa.
When can South African courts prosecute Genocide, War Crimes, and Crimes Against Humanity ?
- The accused is a South African citizen or permanent resident.
- The accused is present in South Africa after committing the crime.
- The National Director of Public Prosecutions (NDPP) gives written permission.
When does South Africa have jurisdiction over Human Trafficking cases ?
- Jurisdictional facts support it.
- The NDPP grants written permission.
When does South Africa have jurisdiction over the Appropriation of Stolen Items ?
African courts may prosecute theft committed in a foreign state if the accused continues to possess and intend to keep the stolen object in South Africa.
Kruger case.
When can South African courts prosecute crimes committed on Ships ?
- Crimes committed on South African ships in international waters.
- By South African citizens on foreign ships.
- Within South Africa’s territorial waters (including piracy cases).
When can South African courts prosecute crimes committed on
Aircraft ?
- Crimes on South African aircraft, whether in the air or on the ground, anywhere in the world.
- Crimes on foreign aircraft, if the aircraft lands in South Africa with the offender on board.
- The aircraft’s lessee has their principal place of business or residence in South Africa.
- The offender is present in South Africa.
How does the Child Justice Act affect sentencing ?
- Section 77(1) of the Child Justice Act states that a child justice court cannot impose a sentence of imprisonment on a child under 14 years of age at the time of sentencing.
- For children aged 14 or older, imprisonment should be a measure of last resort, imposed only for the shortest appropriate period of time.
- The period of imprisonment for children may not exceed 25 years.
What sentences may the High Court impose ?
- Imprisonment, including imprisonment for life.
- A fine.
What sentences may the Regional Courts impose ?
- Imprisonment for a period not exceeding 15 years.
- A fine (not exceeding R600,000, as determined by the Minister).
What sentences may the District Courts impose ?
- Imprisonment for a period not exceeding 3 years (unless increased jurisdiction is specially granted).
- A fine not exceeding R120,000 (as determined by the Minister).
