Criminal Court Jurisdiction

• Jurisdiction is a court's authority or competence to adjudicate a case and pass judgment.
• The court's power to try cases usually comes from statute.
• The Criminal Procedure Act and Magistrates' Court Act determine jurisdiction.
• High Court has inherent jurisdiction.

Factors Determining Jurisdiction

• Territory: The place where court is located (territorial jurisdiction).
• Sentence: Authority given to courts based on the crime's seriousness and the court's level.
• Nature of offense: Determines which court has jurisdiction.

Hierarchy of Criminal Courts

• Determines Jurisdiction
• Constitutional Court has jurisdiction over ALL matters and is the apex court that usually hears appeals.
• A provision in law enables direct access to the Constitutional Court, seated in Johannesburg.
• Supreme Court of Appeal (SCA) is seated in Bloemfontein and only deals with appeals from the High Court, requiring leave to appeal.
• SCA is not a trial court or court a quo.
• High Court has provincial and local divisions, jurisdiction to deal with trials, and can be used as a court of appeal.

Lower Courts

• Magistrate's Courts includes regional and district magistrate's courts
• Regional courts have jurisdiction over all matters except treason.
• District magistrate's courts have jurisdiction over all offenses except rape, murder, and treason and is the lowest court.
• Regional Magistrate's Court hears all matters except treason, including rape and murder cases.
• District Magistrate's Court is the lowest court which hears all matters except murder, rape and treason.

Kinds of Jurisdiction

• Appellate Jurisdiction deals with appeals
• Constitutional Court has inherent jurisdiction to hear all matters and appeals.
• Appeals are usually dealt with by the Supreme Court of Appeal (SCA) and will often express an unwillingness to be a court due to the interests of justice.
• Cases should go through all the processes before coming to the Constitutional Court, and the matter will have been ventilated in many courts.
• The Constitutional Court can be approached via direct access.
• Supreme Court of Appeal (SCA) ONLY has appeal jurisdiction and is never a court a quo, which has one exception to contempt if court is in facie curiae.
• Approaching SCA will require leave of appeal from the High Court.
• High Court has jurisdiction in respect of appeals from lower courts (Both District and Regional) as a trial involving one judge or a judge sitting with assessors.
• Appeals can be noted against judgement given, before the full court in Provincial Divisions (two or three judges).
• Appeals of complexity will go to the SCA.
• Gauteng Local Division is the only Local Division able to hear appeals with the same appellate jurisdiction as Provincial Division.
• All other Local Divisions have no appellate jurisdiction.

Procedure in Appeals from Lower Courts (s309)

• Section 309 provides two types of appeals appeal by the accused or prosecution:
• Prosecution appeals go to the High Court with correct jurisdiction but the court that gave judgement would have had to grant leave to appeal.
• If leave to appeal was refused, accused/state can petition for leave to appeal to be granted.
• The accused can appeal against anything regarding judgement including an order made by court, Verdict, and Sentence
• The state does not have a general right to appeal as the accused does with specific aspects it can appeal against.
• The state can appeal regarding a decision on bail, Questions of law (s310), and sentence (s310A).

Jurisdiction in Respect of Offenses (ss89-92 of MCA)

• District Magistrate's Court can try all crimes except rape, murder, and treason.
• Regional Magistrate's Court can try all crimes except treason.
• Provincial and Local Divisions of the High Court have inherent jurisdiction over all offences.
• The Supreme Court of Appeal (SCA) can only hear appeals except for cases of contempt in facie curiae.

Territorial Jurisdiction

• District Magistrate's Court hears trials of persons charged with an offense committed within the district (s90 of MCA).
• Regional Magistrate's Court is for crimes committed within the regional division (s90 of MCA).
• Exceptions to the territorial jurisdiction principle is that jurisdiction can be extended beyond their area if:
  • Crime was committed within 4km beyond the boundary of district/region.
  • Crime was committed in/on any vessel/vehicle on a journey that was at any point during it - performed within 4km of the boundary.
  • Crime was committed on a vessel, on a river, within 4 kms of boundary.
  • Crime was committed on vessel in territorial waters of RSA, next to magistrates district or region.
  • Offence begun or completed within a district or region in any court where any element of the offence was committed.
  • Theft is a continuing offence = heard in any court where perpetrator was in possession of property.
  • The Director of Public Prosecutions (DPP) can direct any offence committed in their area to any regional/district court.
  • Statutory authority may confer authority on a particular court, for example: Aviation Act = if a crime was committed on an RSA aircraft, they can be tried wherever they may be.
  • According to S. 111 NDPP can order trial in any area of any DPP.
  • Under the Aviation Act anyone on a plane can be tried in any court where they are found
  • Crimes committed by SA citizens can be tried in any court where they are found.
  • Under the Maritime Zones Act crimes committed on a South African ship in open seas = anyone can be tried in any court where they are found.
  • Treason will be tried where the effect of the crime is felt.

Sentencing Jurisdiction

• District Courts = 3 year imprisonment or R120 000 fine.
• Regional Courts = 15 years imprisonment or R600 000 fine.
• Minimum sentences for certain serious offenses (s51 of Crim Law Amendment Act):
  • S51(1) = High Court will sentence a person guilty of a Part 1, Schedule 2 offence to life imprisonment.
  • S51(2)(a): for a part 2, Schedule 2 offenses Regional or High Court minimums are:
    • First time offender = minimum 15 years imprisonment.
    • Second time offender = minimum 20 years.
    • Third and beyond = minimum 25 years.
  • S51(2)(b): Part 3 of Schedule 2 offenses minimums are:
    • First offender = minimum 10 years.
    • Second = minimum 15 years.
    • Third + = minimum 20 years.
  • S51(2)(c): Part 4 offences minimums are:
    • First = minimum 5 years.
    • Second = minimum 7 years.
    • Third + = minimum 10 years.
  • For regional courts, the maximum sentence it may impose will not be more than 5 years longer than the minimum sentence it can impose.