B. In cases remitted to magistrates court 205 …. 206 …. [Sections 205 and 206 repealed by section 15 of Act 9 of 2006.] C. Verdicts possible on particular indictments, summonses and charges 207 Conviction for part of crime charged For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence. [Section substituted by Act No. 23 of 2004] 208 - 224 …. [Sections 208 – 224 repealed by Act No. 23 of 2004] PART XIII PROCEDURE IN R ESPECT OF C ASES ADJOURNED UNDER S ECTION 54 OF M AGISTRATES COURT ACT [C HAPTER 7:10] 225 Powers of Attorney-General Where a magistrate has adjourned a case and submitted a report to the Attorney-General in terms of section 54 of the Magistrates Court Act [Chapter 7:10], the Attorney-General may— (a) if the magistrate acted in terms of subsection (1) of that section, in writing— (i) [Subparagraph repealed by section 16 of Act 9 of 2006.] (ii) direct that the case be continued by such magistrate; or (iii) where such magistrate is not a regional magistrate, direct that proceedings be commenced afresh in the court of a regional magistrate; or (b) if the magistrate acted in terms of subsection (2) of that section, in writing direct that the case— (i) be transferred to the High Court for sentence; or (ii) be continued by such magistrate. 226 Duties of magistrate Upon the receipt of the Attorney-General’s direction in terms of section two hundred and twenty-five the magistrate shall cause the accused or the person convicted, as the case may be, to be informed of the AttorneyGeneral’s decision and shall— (a) where the Attorney-General has given a direction in terms of subparagraph (i) or (ii) of paragraph (a) of that section, comply with that direction; or (b) where the Attorney-General has given a direction in terms of subparagraph (iii) of paragraph (a) of that section, grant a warrant committing the accused to prison, there to be detained till brought to trial before the court of a regional magistrate or till admitted to bail or liberated in due course of law; or (c) where the Attorney-General has given a direction in terms of subparagraph (i) of paragraph (b) of that section— (i) grant a warrant committing the person convicted to prison, there to be detained till brought before a judge for sentence or till admitted to bail or liberated in due course of law; and (ii) forthwith transmit the record of the proceedings, together with his reasons for convicting the person concerned, to the registrar of the High Court; or (d) where the Attorney-General has given a direction in terms of subparagraph (ii) of paragraph (b) of that section, cause the person convicted to be brought before him and pass sentence upon that person. 227 Powers of judge in respect of case transferred to High Court for sentence (1) Upon receipt of the documents mentioned in subparagraph (ii) of paragraph (c) of section two hundred and twenty-six, the registrar of the High Court shall with all convenient speed lay them before a judge in chambers and, if the judge considers the proceedings to be in accordance with real and substantial justice, he shall cause the accused to be brought before him in open court, on a date and at a place to be notified by the registrar to the accused and to the Attorney-General, to receive sentence in respect of the offence of which he was convicted by the magistrate or such other offence as the judge, in the exercise of the powers conferred upon him by section (2), has substituted for such first-mentioned offence. (2) The judge may in respect of the proceedings exercise such of the powers conferred upon the High Court by subsections (1) and (2) of section 29 of the High Court Act [Chapter 7:06], as may be appropriate.

Select target paragraph3

Add to table of contents