Criminal Law: Courts and Prosecution
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Questions and Answers

What is the composition of the Magistrates' Courts?

the magistrates' court with ordinary jurisdiction and the regional courts

What jurisdiction does the High Court of South Africa have in respect of offences?

  • Only jurisdiction over summary trials
  • Jurisdiction over minor offences
  • Original jurisdiction in respect of all offences (correct)
  • Jurisdiction only in civil cases

    • Lower courts in South Africa have jurisdiction to rule on the constitutionality of legislation or the conduct of the President.

    False

    The High Court of South Africa may develop the _______ law.

    <p>common</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Summary trials = A trial for offences committed within the district or regional division Preparatory examinations = Regulating jurisdiction of Magistrates' Courts with regard to child in conflict with the law</p> Signup and view all the answers

    What does 'jurisdiction' mean?

    <p>The authority of a court to hear and decide any issue or specific matter whether on trial, on appeal or on review.</p> Signup and view all the answers

    What is the composition of the Constitutional Court?

    <p>Chief Justice, Deputy Chief Justice, and 9 other judges</p> Signup and view all the answers

    The Constitutional Court is the highest court of South Africa.

    <p>True</p> Signup and view all the answers

    The Supreme Court of Appeal ordinarily consists of __ judges for all criminal matters.

    <p>5</p> Signup and view all the answers

    Match the following components with the Constitutional Court:

    1. Has final jurisdiction in constitutional matters
    2. Decides disputes between organs of state
    3. Handles appeals on matters of general public importance

    <ol> <li>Has final jurisdiction in constitutional matters = a</li> <li>Decides disputes between organs of state = c</li> <li>Handles appeals on matters of general public importance = b</li> </ol> Signup and view all the answers

    What age limit does the Child Justice Act, 2008 specify for the imposition of a sentence of imprisonment on a child?

    <p>14 years</p> Signup and view all the answers

    True or False: The Constitution allows all superior courts to pronounce on the validity of any law or the conduct of the President.

    <p>True</p> Signup and view all the answers

    What is the difference between a criminal prosecution and a civil action?

    <p>Criminal prosecutions are for punishing an individual, while civil actions are for compensation.</p> Signup and view all the answers

    According to Section 179 of the Constitution, all superior courts are competent to pronounce on the __________ of any law.

    <p>validity</p> Signup and view all the answers

    Match the following legal concepts with their descriptions:

    <p>Public Prosecutions = Prosecution duties performed by the state on behalf of society Private Prosecutions = Legal proceedings initiated by individuals or specific entities Professional Independence of the NPA = Guaranteed freedom from interference in prosecutorial functions Civil Action = Legal matters between individuals rather than the state</p> Signup and view all the answers

    What structure was established by Section 2 of Act 32 of 1998?

    <p>single national prosecuting authority</p> Signup and view all the answers

    Which positions are part of the prosecuting authority according to Section 4 of Act 32 of 1998? (Select all that apply)

    <p>NDPP</p> Signup and view all the answers

    The power to conduct criminal proceedings on behalf of the state is vested in the prosecuting authority.

    <p>True</p> Signup and view all the answers

    The final responsibility over the prosecuting authority lies with the ________.

    <p>Minister of Justice</p> Signup and view all the answers

    Match the following legal cases with the outcomes:

    <p>Democratic Alliance v President of the Republic of South Africa 2012 (1) SA 417 (SCA) = President's appointment of a NDPP was set aside Corruption Watch (RF) NPC v President of the RSA 2018 (1) SACR 317 (GP) = High Court declared the responsibility for NDPP appointment was with the Deputy-President while Zuma held office Constitutional Court decision in the matter of President Zuma's successor 2013 (1) SA 248 (CC) = Ordered appointment of a new NDPP by Zuma's successor</p> Signup and view all the answers

    What does 'dominus litis' mean?

    <p>master of the case</p> Signup and view all the answers

    What does 'prima facie case' mean?

    <p>allegations, supported by statements and evidence, under which the court should convict</p> Signup and view all the answers

    What is the purpose of the witness protection system?

    <p>To provide safety and confidentiality to witnesses</p> Signup and view all the answers

    A police official has a general duty to report crime.

    <p>True</p> Signup and view all the answers

    Define private prosecution.

    <p>Private prosecution is a system in which an aggrieved individual, under certain circumstances, can personally proceed against an alleged perpetrator to prove their guilt beyond reasonable doubt and have them punished.</p> Signup and view all the answers

    What are the requirements specified in section 7 regarding private prosecution?

    <p>The specific requirements mentioned in section 7 regarding private prosecution.</p> Signup and view all the answers

    Explain the meaning and purpose of the certificate nolle prosequi in private prosecution.

    <p>The certificate nolle prosequi refers to a declaration made by the prosecutor stating the intention to discontinue the proceedings. Its purpose in private prosecution is...</p> Signup and view all the answers

    What is the significance of security for private prosecution?

    <p>Security for private prosecution serves the purpose of...</p> Signup and view all the answers

    How are costs managed in relation to private prosecution and what is the role of State intervention as per s13?

    <p>Costs related to private prosecution are...</p> Signup and view all the answers

    Study Notes

    Introduction to Criminal Courts and Prosecution

    • The courts of South Africa have judicial authority in terms of section 165 of the Constitution of the Republic of South Africa, 1996.
    • The courts have a hierarchical structure, with higher and lower courts.
    • The National Prosecuting Authority (NPA) is established in terms of section 179 of the Constitution and represents the state in instituting criminal proceedings.

    The Superior Courts

    • The Constitutional Court is the highest court in the Republic and has final jurisdiction in respect of all matters.
    • The Constitutional Court consists of a Chief Justice, a Deputy Chief Justice, and nine other judges.
    • The Court has the authority to decide on constitutional matters, including the constitutionality of any legislation or conduct of the President.
    • The Court also has the power to develop the common law.

    The Supreme Court of Appeal

    • The Supreme Court of Appeal has its seat in Bloemfontein and consists of a President and Deputy President, and as many other judges as may be determined.
    • The Court has the authority to decide on any matter on appeal and may enquire into and rule on the constitutionality of any legislation or conduct of the President.
    • The Court has the power to develop the common law.
    • The Court has the authority to decide on appeals and matters referred to it in terms of an Act of Parliament.

    The High Court of South Africa

    • The High Court of South Africa consists of nine main seats and eight local seats.
    • Each division of the High Court consists of a Judge President and one or more Deputy Judges President, and as many other judges as may be determined.
    • The Court has jurisdiction to decide on the constitutionality of any legislation or conduct of the President.
    • The Court has the power to develop the common law.

    The Lower Courts

    • The lower courts include the magistrates' courts and regional courts.
    • A magistrates' court is instituted for a district, and a court for a regional division is instituted in terms of the Magistrates' Courts Act.
    • The lower courts do not have jurisdiction to enquire into or rule on the constitutionality of any legislation or conduct of the President.
    • The lower courts have jurisdiction to try certain offences committed within their respective areas.

    Jurisdiction of Criminal Courts

    • The jurisdiction of the criminal courts of the Republic includes jurisdiction in respect of offences, territory, and punishment.
    • The divisions of the High Court have original jurisdiction in respect of all offences.
    • A district court has jurisdiction to try all crimes except treason, murder, and serious offences against the state.
    • A regional court may try all crimes except treason.
    • The jurisdiction of the criminal courts has been extended in many respects, including the "four-kilometer rule" in terms of section 90 of the Magistrates' Court Act.### Jurisdiction and Extended Jurisdiction
    • A statutory offence of resisting police is only operative in Kimberley, not in the Free State.
    • Baba could not be tried in Kimberley because the act took place in the Free State, even though the Free State has a similar provision.
    • In cases of uncertainty, a person can be tried in any jurisdiction where an act or omission is an element of the offence.
    • In cases of theft, receiving stolen property, or kidnapping, a person can be tried in any jurisdiction where they had or had possession of the property, or where the person was conveyed or detained.
    • Section 90 of the CPA does not deprive a Magistrate's Court of special statutory provisions conveying jurisdiction in respect of offences committed beyond the district.

    Preparatory Examinations and Preliminary Enquiries

    • Section 125 of the CPA regulates the jurisdiction of Magistrate's Courts.
    • Section 43(3)(c) of the Child Justice Act requires a child in conflict with the law to appear before a lower court.

    Jurisdiction in Respect of Offences Committed Outside South Africa

    • The general principle is that courts of the Republic of South Africa will exercise jurisdiction with regard to offences committed on South African territory only.
    • There are exceptions to this principle, which apply to particular offences or instances.

    Jurisdiction with Regard to Sentencing

    • The CPA lays down specific rules with regard to the offences for which certain sentences may or may not be imposed.
    • The Child Justice Act provides that a child justice court may not impose a sentence of imprisonment on a child under the age of 14 years.

    Prosecutions

    • A criminal prosecution is a matter between the state and the accused, whereas a civil action is a matter between two individuals.
    • The CPA provides for private prosecutions in certain limited instances.
    • Public prosecutions represent the vast majority of prosecutions.

    Constitutional Provisions

    • Section 179 of the Constitution provides the constitutional framework for public prosecutions.
    • The National Prosecuting Authority Act was passed to give effect to the provisions of section 179 of the Constitution.

    The National Prosecuting Authority

    • The NPA is a single national prosecuting authority established by the Constitution.
    • The structure of the NPA consists of the office of the National Director of Public Prosecutions (NDPP) and various offices of the prosecuting authority at the High Court.
    • The NPA comprises the NDPP, Deputy National Directors of Public Prosecutions (DNDPP), Directors of Public Prosecutions (DPP), Deputy Directors of Public Prosecutions (DDPP), and Public Prosecutors (PP).

    The Power to Conduct and Institute Criminal Proceedings

    • The power to conduct and institute criminal proceedings vests in the prosecuting authority and is exercised on behalf of the Republic.
    • The NDPP has the power to institute and conduct criminal proceedings, and to discontinue criminal proceedings.
    • Any DNDPP, DPP, or DDPP shall exercise the powers referred to in section 20(1) subject to the control and directions of the NDPP.### NDPP and DNDPP

    • The President appoints the National Director of Public Prosecutions (NDPP) and up to four Deputy National Directors of Public Prosecutions (DNDPPs) after consultation with the Minister of Justice and the NDPP. • The Constitutional Court has held that the President's appointment of a NDPP as successor to a NDPP who was unlawfully removed from office is invalid.

    Powers, Functions, and Duties of the NDPP and DNDPP

    • The NDPP and DNDPP are responsible for exercising the powers and performing the duties of the National Prosecuting Authority (NPA). • The NDPP and DNDPP must furnish the Minister with information or reports on cases, decisions, and policies. • The NDPP and DNDPP may intervene in prosecutions and provide reasons for decisions.

    Ministerial Responsibility

    • The Minister of Justice has final responsibility over the prosecuting authority. • The Minister may not interfere with decisions to prosecute or not, but is entitled to be kept informed where public interest or an important aspect of legal or prosecutorial authority is involved.

    The Prosecution and the Police

    • The police investigate crimes and submit cases to the prosecuting authority. • The prosecution decides whether to institute a prosecution, and the final decision rests with the DPP concerned or the local public prosecutors. • The NDPP may also intervene.

    The Prosecution, the Police, the Public, and the Reporting of Crime

    • There is no general legal duty to report crime, but a moral duty may exist. • Certain statutory provisions impose a duty to report in certain cases, such as unnatural deaths. • The prosecution may use an informer's privilege to protect the identity of a private individual who provides information. • The witness protection system encourages members of the public to report crimes.

    The Prosecution as Dominus Litis

    • The prosecution has control over the prosecution process, including determining charges, dates, and venues. • The prosecution must ensure fairness to the accused and consider public interest when deciding whether to prosecute.

    Discretion to Prosecute

    • A prosecutor has a duty to prosecute if there is a prima facie case and reasonable prospects of success. • The prosecution may decline to prosecute if the consequences are out of proportion to the gravity of the offence. • The decision not to prosecute must be made for a good reason.

    Prescription

    • The right to institute a prosecution for any offence lapses after 20 years, unless another period is provided by law. • Common law crimes, such as murder, treason, and rape, have no prescription period.

    Ethics and Fairness

    • The prosecution must seek to promote a fair criminal justice system. • A public prosecutor must display the highest degree of fairness to an accused, particularly an unrepresented accused. • Information favourable to the defence must be disclosed.

    Diversion of the Criminal Trial

    • Diversion procedures allow a criminal trial to be avoided or delayed. • Examples include converting a trial into an enquiry for rehabilitation or commitment to a mental institution. • The Child Justice Act provides for diversion procedures for children.

    Criminal Capacity of Children

    • A child aged 10-14 is presumed to lack criminal capacity unless shown otherwise. • The Child Justice Act provides for diversion procedures and powers for DPPs in respect of child offenders.

    Private Prosecution

    • A private prosecution is a system where an individual may prosecute an alleged perpetrator in certain circumstances. • The individual must obtain a certificate and provide security, and the State may intervene. • The purpose of a private prosecution is to prove the defendant's guilt and have them punished.

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    Explore the role of criminal courts in the prosecution of crimes, with reference to the South African Constitution. Learn about the legal framework and principles governing criminal proceedings.

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