Introduction to

South African Law

Week Three: Hierarchy of Courts

Week 1: Historical Development of SA
Law
Week 2: Structure of the modern state
Week 3: Hierarchy of courts
Week 4: Functioning of a Court
Week 5: The Constitution
Week 6: Sources of Law
Week 7: How to access the law
 Specialist Courts
Parliament has established specialist courts to handle specific areas of law or types of
case.
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.
The Labour Appeal Court has status similar to the Supreme Court of Appeal, and
hears appeals from the Labour 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.
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.
The military courts deal exclusively with cases involving members of the South
African National Defence Force, who are subject to the Military Discipline Code. They
deal with serious offences that can’t be handled by a commanding officer.
Other examples: Divorce Court, Competition Appeal Court, Children’s Court,
Maintenance Court, Equality Court, Court of Chiefs and Headmen, Child Justice
Court/Juvenile Court, Sexual Offences Court, Commercial Crime Court
 Small Claims Courts

Small Claims Courts offer a quicker and easier way of

resolving certain civil disputes that involve amounts up to
R20 000.

You do not need a lawyer to represent you at a Small

Claims Court.

The court procedure is informal and not complicated. You

will be expected to tell your story and answer questions
from the commissioner of the small claims court.
 Some Terminology
Civil Matter
Parties are usually ordinary people or businesses. The parties are called
Plaintiff and Defendant.
The usual aim is to claim financial damages, or other rights one person has
over the other.
The Role Players are Plaintiff and Defendant, with their attorneys and/or
advocates.
Criminal Matter
Between the State and the Accused
The aim is to punish someone for a crime. If convicted, he/she will pay a
fine or serve a prison sentence.
The Role Players are State Prosecutor or State Advocate (on the one side)
and the Accused (on the other side), with his/her attorney and/or
advocates.
Constitutional Matter
Involves any issue requiring the interpretation, protection or enforcement
of the Constitution. Only the Superior Courts may adjudicate on
Constitutional Matters.
 Magistrates Courts
South Africa is divided into approximately 350 magisterial districts, each of
which is served by a district magistrate's court and in some cases also branch
courts or periodical courts. Districts are grouped together into regional
divisions served by a regional court, which hears more serious cases.
The presiding officer is a Magistrate
In criminal matters a district court has jurisdiction over all offences except
treason, murder and rape, and a regional court has jurisdiction over all
offences except treason.
A district court can impose a fine of not more than R120,000 or a prison
sentence of not more than three years, while a regional court can impose a
fine of not more than R600,000 or a prison sentence of not more than 15 years,
except that for certain offences a regional court can also impose a life
sentence.
In civil matters a district court has jurisdiction where the value of the claim is
R200,000 or less, while a regional court has jurisdiction where the value of the
claim is between R200,000 and R400,000. A regional court also has jurisdiction
over divorce and related family law matters.
The Magistrates Courts are creatures of Statute.
 The High Court
o Previously called Supreme Court
o Theprovincial divisions of the High Court of South Africa have
general jurisdiction over their defined areas.
o 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.
o Eachdivision has a Judge President (JP), a Deputy Judge
President (DJP), and a number of Judges (J). A temporary
appointment is referred to as an Acting Judge (AJ).
o Has inherent jurisdiction.
 The High Court
The present divisions of the High Court are:
* The Eastern Cape Division at Grahamstown with local seats at
Bhisho, Mthatha and Port Elizabeth
* The Free State Division at Bloemfontein
* The Gauteng Division at Pretoria with a local seat at
Johannesburg
* The KwaZulu-Natal Division at Pietermaritzburg with a local seat
at Durban
* The Limpopo Division at Polokwane with local seats at
Thohoyandou and Lephalale
* The Mpumalanga Division at Mbombela with a local seat at
Middelburg
* The North West Division at Mahikeng
* The Northern Cape Division at Kimberley
* The Western Cape Division at Cape Town
 The Supreme Court of Appeal (SCA)

 The highest court of appeal in respect of civil and criminal

matters, excluding constitutional matters.
 It is not a court of first instance, it only hears matters from
the High Court.
 It is seated in Bloemfontein and matters are heard by 5
judges.
 The court is composed of a President, a Deputy President,
and at present 23 ordinary Judges of Appeal.
 Judges of Appeal are cited in judgments with the surname of
the judge followed by "JA". (The President and Deputy
President are cited with a "P" and "DP" respectively, and
acting judges are cited with "AJA".)
 It has its origin in the Appellate Division of the Supreme Court
of South Africa.
 The Constitutional Court

 The highest court on all constitutional matters. It decisions bind

all courts.
 Matters are referred to it from the Supreme Court of Appeal or
the High Court.
 Certain constitutional matters are reserved for exclusive
jurisdiction of this court, and for direct access.
 It is seated in Johannesburg and matters are heard by at least 8
judges.
 Headed by the Chief Justice (CJ), supported by the Deputy Chief
Justice (DCJ), and 8 Justices (J), with the occasional Acting
Justice (AJ)
Sit in to observe

The judgments of the Superior courts are

published. Read them.