FOCUS AREAS OF LEARNING UNIT 12 (PART 2):

THE COURTS

► Work through Learning Unit 12 of the Study Guide (pp 249-265) by focusing
on the second and third Learning Outcome of Learning Unit 12 on page 231:

■ make a list and describe the courts in South Africa

■ illustrate by means of a diagram where the courts fit into the hierarchy of
courts

■ describe basic legal concepts and principles and that relate to the different
legal disputes and the operation of the courts, and identify these concepts in
practical examples

► Also make sure that you complete Activity 12.2 and its Feedback in
Learning Unit 12 (pp 253-254) and understand the feedback to the activity.

► Study the guidelines on understanding and answering MCQs as explained

in “Introduction (Part 2)” under Lessons on the ILW1501-22-S1 module site.

1. MOST IMPORTANT COURTS IN SOUTH AFRICA (Ch 8, s 166 of Constitution)

Superior or higher courts:

Constitutional Court
Supreme Court of Appeal
High Courts

Lower Courts:

Magistrates’ Courts: District and Regional Courts

Special Courts: established or recognised in terms of an Act of Parliament

(Note: Turn over for diagram)

1
2. BASIC CONCEPTS RELATING TO THE OPERATION OF COURTS

2.1 HIERARCHY OF COURTS

(Division of courts into ranks/levels of authority)

CONSTITUTIONAL COURT
↓P ↑A
SUPREME COURT OF APPEAL
↓P ↑A
HIGH COURTS
↓P ↑A ↑R
MAGISTRATES’ COURTS
↙ ↘
DISTRICT COURTS REGIONAL COURTS

SPECIAL COURTS
↙ ↘
High Courts Magistrates’ Courts

2.2 JURISDICTION (p 254)

Three main factors that determine court’s jurisdiction: (p

254)

1. Court of first instance/court of appeal/court of review (pp

255-257)

2. Geographical area (p 255)

3. Kind of dispute (254)

There are different factors that determine a court’s jurisdiction

in each dispute: civil (254); criminal (255); constitutional (255)

2.3 APPEAL (pp 255-256)

2.4 REVIEW (pp 256-257)

2.5 EVIDENCE (pp 259-260)