Justice Calls for Comment on Proposed Determination of Amounts

Department of Justice and Constitutional Development

The justice and constitutional development department has published a notice in the Government Gazette calling for comment on determination of amounts for the Criminal Procedure Act and the Magistrates’ Courts Act.

The draft determinations apply to certain provisions in each bill.

Written comment is invited until 15 October 2011.

In terms of the Criminal Procedure Act, the amounts refer to the deposit that a private prosecutor must place with the relevant magistrates’ court. The security is to ensure that the prosecutor proceeds with the prosecution without delay.

The determinations also refer to fines that a magistrates’ court can impose on an accused as well as compensation for damages or loss of property suffered by a victim.

The determinations set limits on what can be imposed.

The list includes:

• Section 9 (1) (a)                             R2 500
• Section 56 (1)                                R5 000
• Section 57 (1) (a) and 5 (b)             R10 000
• Section 57 A (1)                            R10 000
• Section 112 (1) (a) and (b)              R5 000
• Section 300 (1) (a)                         R750 000 in respect of a regional court and R150 000 in                    
                                                         respect of a magistrates’ court 

As regards the Magistrates’ Courts Act, the determinations refer to section 92 (1) (b) of the act.

The new amounts are:

• Court is not the court of a regional division- R 100 000
• Court is the court of a regional division- R500 000

Sabinet Cape Town Office