Criminal Procedure Act, 1977 (Act No. 51 of 1977)

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]