n Tydskrif vir die Suid-Afrikaanse Reg - Forum allocation for bail proceedings in the lower courts : case discussion
|Article Title||Forum allocation for bail proceedings in the lower courts : case discussion|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Publication Date||Jan 2008|
|Pages||165 - 171|
ISI Social Science
Forum allocation has become a very relevant topic as disputes between various levels of courts regarding the designation of an appropriate forum for trials and bail applications are regularly reported (see S v Makola 1994 2 SACR 32 (A); Director of Public Prosecutions, Eastern Cape v Louw NO: In re Makinana v S 2004 2 All SA 132 (E) and S v Engelbrecht 2005 2 SACR 383 (C)). In view of the fact that the majority of criminal matters in the criminal justice system are dealt with by the lower courts, these differences of opinion are particularly prevalent in the magistrates' and regional courts. Although the legislature has amended the provisions of the Criminal Procedure Act 51 of 1977 (the act) on several occasions in the recent past, it has failed to address the difficulties concerning forum allocation and as a consequence the practical challenges that present itself are left for the courts to deal with.
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