Criminal Defence in Gauteng: Courts, Rights and What to Do

Gauteng's criminal courts

Gauteng has Magistrates' Courts in every major area, including Johannesburg, Pretoria (Tshwane), Benoni, Germiston, Boksburg, Springs, Randburg and many others. Most people who are arrested appear at the Magistrates' Court closest to where the arrest occurred.

More serious offences are heard in the Regional Magistrates' Courts, which cover areas such as Johannesburg, Pretoria, Germiston and Krugersdorp. The most serious matters are referred to the Gauteng Division of the High Court, which sits in both Johannesburg (South Gauteng) and Pretoria (North Gauteng).

Your rights when arrested in Gauteng

Section 35 of the Constitution protects you from the moment of arrest, wherever in Gauteng the arrest occurs. These rights apply whether you are arrested in Johannesburg, on the East Rand, in Pretoria, or anywhere else in the province.

• The right to remain silent and not to be compelled to make a confession.
• The right to be told promptly why you have been arrested.
• The right to consult with an attorney of your choice.
• The right to be brought before a court within 48 hours of arrest.
• The right to be presumed innocent until proven guilty.

The first court appearance

After arrest in Gauteng, you must be brought before a Magistrates' Court as soon as reasonably possible, and no later than 48 hours after arrest. At that first appearance, the court will formally inform you of the charge, deal with bail, and set the next court date.

Bail in Gauteng is determined according to the Criminal Procedure Act 51 of 1977. For more serious offences listed in Schedule 5 or 6, the accused carries a heavier burden to justify release. Having legal representation prepared before the first appearance is important.

The Gauteng Division of the High Court

The Gauteng Division of the High Court sits at two seats: the Johannesburg seat (often referred to as the South Gauteng High Court) and the Pretoria seat (often referred to as the North Gauteng High Court). Serious criminal trials and bail appeals from the lower courts are heard here.

Cases are assigned to the appropriate seat based on where the offence occurred or where the accused is held. For the East Rand and Johannesburg areas, matters typically go to the Johannesburg seat.

Criminal defence for East Rand clients

Leoni Naude Inc Attorneys is based in Benoni on the East Rand and has direct familiarity with the Magistrates' Courts and Regional Courts in the East Rand area, including Benoni, Germiston, Boksburg, Springs and Brakpan. We also assist clients across the wider Gauteng area.

Our criminal defence is led by a former public prosecutor, which gives us a precise understanding of how the State builds its case and how to challenge it effectively.