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R 385
Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 18 : Plea of Not Guilty at Summary Trial117. Committal to superior court in special case |
Where an accused in a lower court pleads not guilty to the offence charged against him and a ground of his defence is the alleged invalidity of a provincial ordinance or a proclamation of the State President on which the charge against him is founded and upon the validity of which a magistrate's court is in terms of section 110 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), not competent to pronounce, the accused shall be committed for a summary trial before a superior court having jurisdiction.
[Section 117 substituted by section 1 of Act No. 49 of 1996]