Related documents
- Is commenced by Lower Courts Amendment Act, 1977: Commencement
- Amends Magistrates' Courts Act, 1944
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History of this document
22 July 1977
Commenced by
Lower Courts Amendment Act, 1977: Commencement
01 July 1977 this version
Published in Government Gazette 5621
20 June 1977
Assented to
Cited documents 0
Documents citing this one 12
Gazette
7Judgment
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Reported
Limits on statutory/regulatory powers over magistrates to protect institutional judicial independence.
Constitutional law — judicial independence — institutional independence of magistrates' courts — test: objective reasonable and informed observer — Magistrates Commission composition — permissible delegation and remedies — judicial discipline, promotions, transfers, remuneration and acting appointments — severance and prospective orders.
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Reported
Section 276(1) CPA supplies sentencing power for statutory sexual offences lacking express penalties; the Act nevertheless creates offences.
* Criminal law – Sexual Offences Act (chs 2–4) – sections create criminal offences despite lacking express penalty clauses. * Principle of legality – nulla poena sine lege – satisfied by general sentencing power in s 276(1) of the Criminal Procedure Act. * Sentencing – s 276(1) empowers courts to impose listed punishments for statutory and common law offences where no penalty is prescribed. * Criminal procedure – charge sheets need not specify penal consequences unless required by special statutory provisions.
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Failure to personally canvass the accused's waiver of assessors in a murder trial constituted a fatal irregularity, vitiating proceedings.
Criminal procedure – Assessors – Section 93 ter (1) of the Magistrates' Court Act 32 of 1944 – Requirement for appointment or explicit waiver by accused in murder trials – Failure to confirm waiver personally with accused vitiates proceedings – Fair trial rights – Irregularity leads to setting aside of conviction and sentence.
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Reported
A high court cannot try offences outside its statutory territorial jurisdiction; the magistrates’ four‑kilometre rule does not extend it.
* Criminal jurisdiction – territorial limits of high courts – s 19(1)(a) Supreme Court Act – statutory and territorial nature of high court criminal jurisdiction.
* Magistrates’ Courts – s 90(2)(a) four‑kilometre rule – grants extra‑territorial jurisdiction to magistrates’ courts only; does not extend high‑court boundaries.
* Criminal Procedure – s 106(1)(f) plea of lack of jurisdiction; s 110(2) adjournment to court having jurisdiction.
* Transfer of trials – s 111 Criminal Procedure Act – NDPP’s exclusive discretion to transfer trials in interests of justice; high court cannot assume jurisdiction on practical grounds.
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Attempted murder is not a competent verdict to robbery; conviction replaced with assault with intent to do grievous bodily harm and sentenced to four years.
Criminal procedure – review under s304(4) – conviction of an incompetent verdict (attempted murder on robbery charge) is a gross irregularity; s260 CPA – competent verdicts to robbery; s93ter MCA – assessors discretionary, not peremptory except for murder; sentencing afresh by appellate/review court; s103 Firearms Control Act – automatic declaration of unfitness; s282 CPA – antedating of sentence.
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