REX v MILMAN [1914] ZATPD 120 (30 November 1914)

Criminal law.-Procedure.-Review.-Private prosecution.- Power of Attorney-General.-Sec. 48, Proclamation 21 of 1902. Municipality.-Assize.-Power to control.-Approval of bye-laws by Adrnfriistmtor.-Penalty.-Ordinace 9 of 1912, secs. 99 and 106.

In criminal cases where the Crown is not the prosecutor the Attorney-General may bring the matter into review under sec. 43 of Proclamation 21 of 1902. Assize matters fall within the powers of municipal institutions in South Africa, and Provincial Councils have the power to legislate with regard thereto. The Administrator is the proper officer to approve of assize bye-laws under sec. 99
of Ord 9 of 1912 and the penalties prescribed by sec.106 can be imposed.