Courts of South Africa

Last updated

Schematic of the South African court system Courts of South Africa schematic.svg
Schematic of the South African court system

The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.

Contents

Despite South Africa's division into nine provinces, the country has a single national court system. The courts are funded and supported by the national Department of Justice and Constitutional Development. The ordinary courts are the district and regional magistrates' courts, the provincial divisions of the High Court, and the Supreme Court of Appeal. The Constitutional Court is the highest court for constitutional matters.

Specialist courts have been established for various matters, including Labour Courts, the Land Claims Court, Special Income Tax Courts, and the Electoral Court. African customary law is administered by chiefs' and headmen's courts, subject to the National House of Traditional Leaders.

Constitutional Court

The Constitutional Court ConstitutionalCourtofSouthAfrica-20070622.jpg
The Constitutional Court

The Constitutional Court is the final court of appeals for all matters (no longer limited to constitutional matters only), and its decisions are binding on all other courts in South Africa. It has the power to make the final decision on the constitutionality of an act of Parliament or of a provincial legislature; while a High Court or the Supreme Court of Appeals may make an order declaring an act to be unconstitutional, the order does not come into effect until the Constitutional Court confirms it.

The Constitutional Court was established by the Interim (1993) Constitution and continued under the Final (1996) Constitution. The court has eleven judges; originally the chief judge was called the President of the Constitutional Court, but that title was changed to Chief Justice of South Africa by the Sixth Amendment to the Constitution. The Constitutional Court has its seat on Constitution Hill in Johannesburg.

Supreme Court of Appeal

The Supreme Court of Appeal hears only appeals from the High Court or other courts of similar status to the High Court. The court sits in Bloemfontein; the chief judge is called the President of the Supreme Court of Appeal. It has its origin in the Appellate Division of the Supreme Court of South Africa, which was established by the South Africa Act at the formation of the Union of South Africa.

High Court

The local seat of the Gauteng Division in Johannesburg Jo'burg High Court.jpg
The local seat of the Gauteng Division in Johannesburg

The provincial divisions of the High Court of South Africa have general jurisdiction over their defined areas. They hear appeals from the magistrates' courts within their area, and act as a court of first instance for cases outside the jurisdiction of the magistrates' courts. The present divisions of the High Court are:

The origins of the High Court lie in the Supreme Courts of the four colonies (the Cape Colony, Transvaal Colony, Natal Colony and Orange River Colony) from which the Union of South Africa was formed; these became provincial divisions of the Supreme Court of South Africa. On receiving nominal independence the bantustans of Transkei, Bophuthatswana, Venda and Ciskei established their own Supreme Courts; when they were re-integrated into South Africa on 27 April 1994 these courts were given the same status as provincial divisions of the Supreme Court of South Africa.

The 1996 Constitution renamed the provincial and local divisions of the Supreme Court of South Africa, as well as the bantustan Supreme Courts, to High Courts. Since that time some changes have been made to rationalise the areas of jurisdiction of the courts; the courts have also been renamed in accordance with the names of the new provinces. The Superior Courts Act, 2013 restructured the High Courts into divisions of a single High Court of South Africa, and also provided for the creation of divisions for Limpopo and Mpumalanga, which had previously fallen under the jurisdiction of the Gauteng High Court at Pretoria.

The Gauteng Division of the High Court in Johannesburg includes a Commercial Court Division. [1]

Magistrates' courts

Kempton Park Magistrate's Court Jo'burg - Kempton Park Court.jpg
Kempton Park Magistrate's Court

South Africa is divided into approximately 350 magisterial districts; each district is served by a district magistrate's court. In criminal cases, district courts have jurisdiction over all crimes except treason, murder and rape, and can impose a sentence of no more than three years imprisonment and a fine of no more than R120,000. [2] They can hear civil cases where the value of the claim is no more than R200,000. [3]

The magisterial districts are grouped into regions; each region has a regional court which may sit at multiple locations. In criminal cases, regional courts have jurisdiction over all crimes except treason, and can impose a sentence of no more than fifteen years imprisonment and a fine of no more than R600,000. [2] They can hear civil cases where the value of the claim is no more than R400,000 [3] as well as divorce cases.

Specialist courts

Parliament has established specialist courts to handle specific areas of law or types of case. In some cases these courts have exclusive jurisdiction and the matters are excluded from the jurisdiction of the High Court and the magistrates' courts.

The Labour Court, which has status similar to a High Court division, deals with labour law and the relationship between employer, employee and trade union, in particular cases arising under the Basic Conditions of Employment Act (South Africa) the Labour Relations Act and the Employment Equity Act. The Labour Appeal Court has status similar to the Supreme Court of Appeal, and hears appeals from the Labour Court. There is no further appeal except on constitutional matters, in which case appeals may be heard by the Constitutional Court.

The Land Claims Court, which has status similar to a High Court division, handles claims for restitution, or compensation in place of restitution, to people or communities dispossessed of land under racially discriminatory laws. It also deals with certain other cases involving agricultural labour tenants and other people who do not have secure rights to the land on which they live.

The Electoral Court, which has status similar to a High Court division, handles matters related to elections, and in particular appeals against decisions of the Electoral Commission.

Tax Courts handle disputes between taxpayers and the South African Revenue Service over tax assessments.

Military courts

Members of the South African National Defence Force are subject to the Military Discipline Code and the jurisdiction of the military courts. Minor military offences are dealt with in a disciplinary hearing by the commanding officer, who may impose penalties like fines, confinement to barracks, or extra duty. For serious offences, SANDF members are tried in a Court of a Military Judge or a Court of a Senior Military Judge. These courts consist of a legally trained officer as judge and two officers or warrant officers as assessors. The judge decides questions of law, while the judge and assessors decide questions of fact by a majority vote. Certain offences (murder, rape, treason, culpable homicide, crimes against humanity and war crimes) may only be tried in the ordinary civilian courts.

Appeals from the military courts are to the Court of Military Appeals, which consists of a civilian judge or magistrate (or in some cases three civilian judges), a legally trained military officer, and another officer with command experience. Rulings on this court may be taken on review to the civilian High Court (and subsequently to the Supreme Court of Appeal and Constitutional Court) only on the grounds of procedural unfairness or constitutional invalidity.

See also

Related Research Articles

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.

<span class="mw-page-title-main">Constitution of South Africa</span> Supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

<span class="mw-page-title-main">High Court of South Africa</span> Superior court of law in South Africa

The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Law of South Africa</span>

South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans. These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1997 its replacement, the final Constitution, another strand has been added to this weave.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

The Western Cape province of South Africa is governed in a parliamentary system in which the people elect the Provincial Parliament, and the parliament elects the Premier as head of the executive. The Premier leads a cabinet of provincial ministers overseeing various executive departments. The provincial government is subject to the Constitution of the Western Cape and the Constitution of South Africa, which together form the supreme law of the province.

<span class="mw-page-title-main">Judiciary of Spain</span> System of law courts in Spain

The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.

<span class="mw-page-title-main">Western Cape Division</span> Superior court of law in the Western Cape, South Africa

The Western Cape Division of the High Court of South Africa is a superior court of law with general jurisdiction over the Western Cape province of South Africa. The division, which sits at Cape Town, consists of 31 judges led by Acting Judge President Patricia Goliath, former Acting Constitutional Court Justice.

In 1964 Tanganyika and Zanzibar formed the United Republic of Tanzania. After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures. In the 1977 Constitution of the United Republic of Tanzania, the High Court of Tanganyika whose jurisdiction was and still is territoriality limited to Tanzania Mainland was called the High Court of Tanzania and the High Court of Zanzibar retained its original name. It is essential to note that the High Court of Tanzania only has territorial jurisdiction over legal issues arising in Tanzania Mainland and the High Court of Zanzibar has territorial jurisdiction over legal issues arising in Zanzibar.

The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995, and has a status similar to that of a division of the High Court. It has its seat in Johannesburg and branches in Cape Town, Port Elizabeth and Durban.

The Northern Cape province of South Africa is governed in a parliamentary system in which the people

<span class="mw-page-title-main">Judiciary of Namibia</span>

The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law.

<span class="mw-page-title-main">Judiciary of Kenya</span>

The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

<span class="mw-page-title-main">Judiciary of Sierra Leone</span>

The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.

References

  1. ↑ "Revised Commercial Court Practice Directive". 3 June 2022. Retrieved 5 May 2024.
  2. 1 2 "New Fines Imposed for Criminal Procedure Act". Sabinet Law. 4 February 2013. Retrieved 11 June 2014.
  3. 1 2 "New Limits for Civil Actions in Magistrates' Courts". Sabinet Law. 2 April 2014. Retrieved 11 June 2014.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.