PRACTICE MANUAL OF THE SOUTH GAUTENG HIGH COURT
CHAPTER EIGHT: CRIMINAL MATTERS
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8.5 REVIEWS
- Irrespective of the urgency thereof, a review of a magistrate's
decision in a criminal matter is not heard in the motion court.
- As soon as the court papers relating to the review have been exchanged
between the parties, the applicant may make application for the enrolment
of the review to the Director of Public Prosecutions. The Director of Public
Prosecutions shall then approach the Deputy Judge President or, in his
absence, the senior judge on duty, for the allocation of a date and time
for the hearing of the review. The Director of Public Prosecutions shall
inform all parties of the allocated date and time of the review.
- When allocating the date and time for the hearing of the review, the
Deputy Judge President or senior judge on duty may direct when each party
is to deliver heads of argument prior to the hearing of the review.
- The practices in regard to the binding of the papers, indexing and pagination as set out in the chapter hereof dealing with motion court, apply equally to the reviews.
- Reviews are usually heard by two judges sitting in the criminal appeal court.