CPR3701 Assignment 1 Semester 1 2026 – Due 20 March 2026

CPR3701 ASSIGNMENT 1 2026
DUE 30 MARCH 2026

A is charged with the following offences, namely,
(1) Rape in terms of section 3 of the Criminal Law (Sexual Offences and Related
Matters) Amendment Act 32 of 2007; and
(2) Murder

1. The offences were allegedly committed in Cape Town. However, A was arrested
in Pretoria. Due to the nature and seriousness of the alleged offences, the
National Director of Public Prosecutions (NDPP) decides that A should first
appear in the Supreme Court of Appeal (SCA), where the trial will also be
conducted. Critically discuss the efficacy of this decision.

The NDPP’s plan is ineffective because South Africa’s laws plainly prohibit trying an
accused at first instance in the Supreme Court of Appeal (SCA). The SCA is a purely
appellate court with no original criminal jurisdiction, so no trial or first appearance can
lawfully take place there. Under the Constitution and the Superior Courts Act, the SCA
“only deals with cases sent to it from the High Court” and “may decide only appeals and
issues connected with appeals”. In contrast, criminal trials must begin in the courts of
first instance namely the Magistrates’ Courts or the provincial High Courts not in the
SCA.