12 Questions
Which court will assume jurisdiction when property is stolen in Namibia and transported over the South African border?
High Court
Who may pronounce on the constitutional validity of a law?
Constitutional Court
When will a SA court's jurisdiction change?
When the jurisdictional factors founding jurisdiction cease to exist
What is the principle underlying territorial jurisdiction of High Courts?
Jurisdictional link must be established between the offence and court's territorial area of authority
What determines the geographical boundaries of a South African court?
Territorial waters and airspace
Under what circumstances can any person be tried by a district or regional division court according to s 90(1) of the Magistrates' Courts Act?
If they committed an offence within the court's jurisdictional area
In which of the following circumstances can a district or regional court extend its jurisdictional reach as per s 90(2) of MCA?
An offence committed within 4 kilometres beyond the common boundary between two or more district or regional courts
According to s 90(2) of MCA, which situation allows a district or regional court's jurisdiction to be extended?
An offence committed within 4 kilometres from any district or regional division boundary
Which type of boundaries does the 4 km rule apply to according to s 90(2) of MCA?
Common boundaries between two or more district or regional courts
When does the 4 km rule not apply according to s 90(2) of MCA?
Common border between a SA court & border of a foreign country
Under what circumstance can a district or regional court assert jurisdiction over another division according to s 90(2) of MCA?
When any part of an offence was committed within a distance of 4 kilometres from a district or regional division boundary
What kind of journey must a vehicle be on for s 90(2)(b) of MCA to apply?
On a journey where any part was committed within 4 kilometres from a division boundary
Test your knowledge on South African court jurisdiction and laws related to continuing offences. Learn how the law treats cases where stolen property is transported across borders and how jurisdiction is established based on possession of stolen goods.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free