- S v Josephs 2021(1) SACR 450 (WCC)

Relevant legislation
Section 302 of the Criminal Procedure Act 51 of 1977 (“the CPA”) provides as follows:

“302. Sentences subject to review in the ordinary course

(1)(a) Any sentence imposed by a magistrate’s court -

(i) which, in the case of imprisonment (including detention in a child and youth care centre providing a programme contemplated in section 191(2)(j) of the Children’s Act 38 of 2005), exceeds a period of three months, if imposed by a judicial officer who has not held the substantive rank of magistrate or higher for a period of seven years, or which exceeds a period of six months, if imposed by a judicial officer who has held the substantive rank of magistrate or higher for a period of seven years or longer;

(ii) which, in the case of a fine, exceeds the amount determined by the Minister from time to time by notice in the Gazette for the respective judicial officers referred to in subparagraph
(i);

(iii) …
shall be subject in the ordinary course to review by a judge of the provincial or local division having jurisdiction.

(b) The provisions of paragraph (a) shall -

(i) be suspended in respect of an accused referred to in the first proviso to section 309(1)(a) who has duly noted an appeal in terms of section 309(2) against a conviction or sentence and has not abandoned the appeal;

(ii) be suspended in respect of an accused who has duly noted an appeal in terms of section 309(2) against a conviction or sentence, after being granted leave to appeal in terms of section 309B or 309C, and has not abandoned the appeal; and

(iii) cease to apply in respect of an accused when judgment in the appeal is given…

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[This is only an extract of the discussion of this court case, published in Pollex in Servamus: September 2021. If you are interested in finding out how you can read the rest of the discussion, send an email to: This email address is being protected from spambots. You need JavaScript enabled to view it.]