CPR3701 Assignment 1 QUIZ
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 30
August 2024
, Question 1
1. The Supreme Court of Appeal
The Supreme Court of Appeal is a court of appeal only and not a court of first
instance. It has the authority to hear an appeal against any order or judgment of the
High Court and to decide on such appeal (s. 16, Act 10 of 2013 and s. 315 of Act 51
of 1977). The Supreme court as has certain powers in terms of s 33 of Act 51 of
1997, which provides that 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 question
of law is given by any division of the High Court which is in conflict with a decision in
any case on a question of law given by any other division of the High Court, he may
submit such decision or, as the case may be, such conflicting decisions to the
Appellate Division of the Supreme Court 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.
2. Provincial and local division of the High Court
The divisions of the High Court of South Africa have original jurisdiction in respect of
all offences. They have no limits regarding sentence and can assume jurisdiction
from anywhere in South Africa but for practical purpose tend to only hear those
within their provincial jurisdiction. The provincial High Court has original jurisdiction in
respect of all offences committed within their respected geographical areas as
defined in the Superior Court Act 10 of 2013. The Cape Provincial Division does not
have concurrent jurisdiction in the areas of the Eastern and Northern Cape Divisions.
The rule that provincial division exercise jurisdiction in respect of offences committed
within their respective areas has been extended in the following respects:
1. In Hull 1948 (4) SA 239 (C) it was held that a division of the High Court has
jurisdiction to put into effect a suspended sentence imposed by another
division or by a magistrate’s court.
2. The legislature sometimes lays down, in respect of specific offences, that they
shall for the purposes of jurisdiction be deemed to have been committed in
any place where the accused happens to be. An example is found in s 4 of
the Civil Aviation Offences Act 10 of 1972.
3. In Fairfield 1920 CPD 279 it was held that if an Act creates an offence and
confers jurisdiction merely on a lower court in respect of such offence, the
jurisdiction of a High Court is not ousted in respect of the offence (unless, of
course, there is an express provision in the Act to this effect).
4. Section 111 of the Criminal Procedure Act empowers the national director of
public prosecutions to direct that a trial be held in a court within the area of a
Director of Public Prosecutions although the offence was committed within the
area of another director. The Section is clearly applicable to lower as well as
high courts (where it is deemed to be in the interest of justice)
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 30
August 2024
, Question 1
1. The Supreme Court of Appeal
The Supreme Court of Appeal is a court of appeal only and not a court of first
instance. It has the authority to hear an appeal against any order or judgment of the
High Court and to decide on such appeal (s. 16, Act 10 of 2013 and s. 315 of Act 51
of 1977). The Supreme court as has certain powers in terms of s 33 of Act 51 of
1997, which provides that 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 question
of law is given by any division of the High Court which is in conflict with a decision in
any case on a question of law given by any other division of the High Court, he may
submit such decision or, as the case may be, such conflicting decisions to the
Appellate Division of the Supreme Court 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.
2. Provincial and local division of the High Court
The divisions of the High Court of South Africa have original jurisdiction in respect of
all offences. They have no limits regarding sentence and can assume jurisdiction
from anywhere in South Africa but for practical purpose tend to only hear those
within their provincial jurisdiction. The provincial High Court has original jurisdiction in
respect of all offences committed within their respected geographical areas as
defined in the Superior Court Act 10 of 2013. The Cape Provincial Division does not
have concurrent jurisdiction in the areas of the Eastern and Northern Cape Divisions.
The rule that provincial division exercise jurisdiction in respect of offences committed
within their respective areas has been extended in the following respects:
1. In Hull 1948 (4) SA 239 (C) it was held that a division of the High Court has
jurisdiction to put into effect a suspended sentence imposed by another
division or by a magistrate’s court.
2. The legislature sometimes lays down, in respect of specific offences, that they
shall for the purposes of jurisdiction be deemed to have been committed in
any place where the accused happens to be. An example is found in s 4 of
the Civil Aviation Offences Act 10 of 1972.
3. In Fairfield 1920 CPD 279 it was held that if an Act creates an offence and
confers jurisdiction merely on a lower court in respect of such offence, the
jurisdiction of a High Court is not ousted in respect of the offence (unless, of
course, there is an express provision in the Act to this effect).
4. Section 111 of the Criminal Procedure Act empowers the national director of
public prosecutions to direct that a trial be held in a court within the area of a
Director of Public Prosecutions although the offence was committed within the
area of another director. The Section is clearly applicable to lower as well as
high courts (where it is deemed to be in the interest of justice)
