S v Meje and Another

The first and second respondents were convicted in a regional court sitting in Pretoria on five and fourteen counts of fraud respectively, committed during 1998 and 1999 at or near Kagiso. They were sentenced to effective terms of imprisonment. On appeal to the North Gauteng High Court, that court mero motu raised the issue of territorial jurisdiction, holding that the regional court sitting in Pretoria lacked jurisdiction because the offences were committed within the erstwhile Southern Transvaal Regional Division. As a result, it set aside the convictions and sentences without considering the merits. The State appealed to the Supreme Court of Appeal.

The appeal by the State was upheld. The order of the North Gauteng High Court was set aside. The respondents’ convictions and sentences were reinstated, and the matter was remitted to the High Court for the appeal to proceed on the merits.

The case clarifies that territorial jurisdiction in criminal matters is determined at the commencement of proceedings, not at the time of the offence. It reaffirms the correct interpretation and operation of section 110 of the Criminal Procedure Act and underscores the distinction between substantive and territorial jurisdiction, particularly in the context of court restructuring.