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Department strongly backs increased powers for Regional Courts

Publish date: 03 August 2007
Issue Number: 1882
Diary: Legalbrief Today
Category: Corruption

Giving Regional Courts the power to impose life sentences would not result in a deluge of appeals to the High Court and a resultant increase in court backlogs, Parliaments Justice Committee was told yesterday.

Earlier this week, notes a Business Day report, the new minimum sentencing legislation, which proposes expanding the jurisdiction of the Regional Courts, came under sustained criticism from organisations which claimed it would clog up court rolls and increase prison overcrowding. The idea was also rejected on the basis that Regional Courts were not equipped to impose life sentences. Justice Department official Johan de Lange said yesterday that of all the serious crimes so far referred to the High Court, only 7% had attracted life sentences. This meant that 93% of the cases tried in Regional Courts were ‘needlessly referred, De Lange said. To deal with only 7% going on appeal rather than all 100% being referred for sentencing would considerably improve the situation for the High Courts. Committee chair Fatima Chohad said there would not be a flood of matters decided in the Regional Court going to the High Court on appeal, particularly if the prosecuting authority policy was to send serious violent cases directly to the High Court in the first instance. Full Business Day report

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