PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT
CHAPTER EIGHT: CRIMINAL MATTERS
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8.3 AUTOMATIC REVIEW
- Criminal matters that came before the High Court on automatic review
during the court term are distributed equally amongst the judges on duty save
that no reviews are distributed to the judges sitting in motion court for the
week that they so sit.
- Where a particular judge has directed a query to the magistrate who
presided in the matter on review and the magistrate has responded thereto,
the review may be referred to any other judge who shall deal with the matter.
Similarly where a particular judge has referred a review to the Director
of Public Prosecutions, and the Director’s opinion has been received,
the review may be referred to any other judge who shall then deal with, and
if possible dispose of, the matter.
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Save in the case of the greatest urgency a query must be directed to the
presiding magistrate before a judge interferes with a conviction or sentence
on review. In all cases the opinion of the Director of Public Prosecutions
must be obtained before a judge interferes with a conviction or sentence on
review.
- Where a review, in which the judge who refers the matter is considering
the release of the accused from prison, is referred to the Director of Public
Prosecutions, the judge referring the matter should inform the Director of
Public Prosecutions of his consideration and the reason therefore and require
a response within a stated period of time.
- A review judgment is given by two (2) judges. If the two (2) judges agree,
the release of the accused can be achieved by way of telegraphic communication.
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