S v DeVries and Others (67/2005)
S v DeVries and Others (67/2005) [2008] ZAWCHC 8; 2008 (4) SA 441 (C); 2008 (1) SACR 580 (C) (18 February 2008)
The applications by the accused to declare the NDPP's POCA authorization and the centralization directive invalid, and to set aside the charges, are refused. The trial court cannot review its own proceedings at this late stage; any challenge to the validity of the authorization or directive must be made by way of a special entry under s 317 of the Criminal Procedure Act for consideration by a higher court. The authorization and directive were handed up at the start of trial without objection, and the accused pleaded not guilty, thereby consenting to the court's jurisdiction under s 110(1)(b).…
Source excerpt
- Prevention Of Organised Crime Act
- Centralisation Of Prosecution
- Jurisdiction
- Special Entry Irregularity
- Criminal Procedure Act
- Authority Of Ndpp