Public Service Commission Act, 1997
R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 16 : Jurisdiction111. Minister may remove trial to jurisdiction of another attorney-general |
| (1) |
| (a) | The direction of the National Director of Public Prosecutions contemplated in section 179(1)(a) of the Constitution of the Republic of South Africa, 1996, shall state the name of the accused, the relevant offence, the place at which (if known) and the Director in whose area of jurisdiction the relevant investigation and criminal proceedings shall be conducted and commenced. |
| (b) | A copy of the direction shall be served on the accused, and the original thereof shall, save as is provided in subsection (3) be handed in at the court in which the proceedings are to commence. |
[Section 111(1), previously subsection (2), renumbered and substituted by section 44 of Act No. 32 of 1998]
| (2) | The court in which the proceedings commence shall have jurisdiction to act with regard to the offence in question as if the offence had been committed within the area of jurisdiction of such court. |
[Section 111(2), previously subsection (3), renumbered and substituted by section 44 of Act No. 32 of 1998]
| (3) | Where the National Director issues a direction contemplated in subsection (1) after an accused has already appeared in a court, the original of such direction shall be handed in at the relevant proceedings and attached to the record of the proceedings, and the court in question shall— |
| (a) | cause the accused to be brought before it, and when the accused is before it, adjourn the proceedings to a time and a date and to the court designated by the Director in whose area of jurisdiction the said criminal proceedings shall commence, whereupon such time and date and court shall be deemed to be the time and date and court appointed for the trial of the accused or to which the proceedings pending against the accused are adjourned; |
| (b) | forward a copy of the record of the proceedings to the court in which the accused is to appear, and that court shall receive such copy and continue with the proceedings against the accused as if such proceedings had commenced before it. |
[Section 111(3), previously subsection (4), renumbered and substituted by section 44 of Act No. 32 of 1998]
| (4) | [Section 111(4) omitted by section 44 of Act No. 32 of 1998] |
| (5) | [Section 111(5) deleted by section 68 of Act No. 88 of 1996] |
