Professional Documents
Culture Documents
COURT STRUCTURE
Provided for in S166 of the Constitution:
SUPERIOR / UPPER COURTS
Constitutional Court Supreme Court of Appeal High Courts (including any high court of appeals established by an Act of Parliament) INFERIOR / LOWER COURTS Magistrates Courts and Any other court established by an Act of Parliament with a status similar to the High Courts or the Magistrates Courts
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HOW DO YOU DETERMINE THE CORRECT COURT IN WHICH A SPECIFIC CASE WILL BE HEARD?
General principle: distinguish between 2 areas of competency: Hear appeals and review cases Function as a court of first instance JURISDICTION The competence of a particular court to hear a specific matter / case
GEOGRAPHICAL AREA
Each court has jurisdiction within a particular geographical area in the country The Constitutional Court Has jurisdiction over entire geographical area of South Africa Seat in Johannesburg Supreme Court of Appeal Has jurisdiction within entire geographical area of South Africa Seat in Bloemfontein High Courts Provincial and Local divisions Concurrent jurisdiction within that area Circuit courts? Lower Courts (Magistrates Courts) Regional and District
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Constitutional matters
THE CONSTITUTIONAL COURT S167 of the Constitution The highest court in all constitutional matters Hears appeals from HC and SCA Presiding officers: Chief Justice, Deputy Chief Justice, + 9 Judges
Exclusive jurisdiction The CC functions as a court of first instance in exclusive areas Only court to hear specific constitutional matters Examples? Concurrent jurisdiction Also functions as a court of appeal in constitutional matters SCA and High Courts share jurisdiction regarding limited constitutional matters Examples?
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SUPREME COURT OF APPEAL (Supreme Court Act 59 of 1959) S168 of the Constitution
Presiding officers: President, Deputy President and judges of appeal Has jurisdiction over the whole geographical area of South Africa
HIGH COURTS (Supreme Court Act 59 of 1959 and Renaming of High Courts Act 30 of 2008)
S169 and s173 of the Constitution Headed by the Judge President, then Deputy Judge President and other judges Each has jurisdiction within particular province Provincial and Local Divisions
HCs review and hear appeal of criminal and civil cases from lower courts Further appeal can be made to the SCA Sometimes an appeal within a HC against a single judge to a full bench (3 judges)
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Are creatures of statute S170 of the Constitution Magistrates are the presiding officers
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Regional Courts
Has jurisdiction within geographical area or region Only function as a court of first instance
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Criminal jurisdiction of MC Can try any criminal offence, but not treason S92 of the MCA punishment limited to 15 years fine not exceeding R300 000 Civil jurisdiction of MC Jurisdiction of Regional Courts Amendment Act 31 of 2008 (effect on 9 August 2010) Civil jurisdiction granted due to access, costs, backlogs of cases Family disputes Disputes over movable and immovable property (R100 000 R300 000) Credit Agreements (R100 000 R300 000) Road Accident Fund claims (R100 000 R300 000)
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District Courts Has jurisdiction within a particular magisterial district S170 of the Constitution Does not hear appeals or review cases Criminal matters Has jurisdiction in all criminal matters except treason, murder and rape S92 of MCA punishment Limited to a sentence of 3 years fine of R60 000
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Civil cases Can only hear matters where amount of claim is less than R 100 000
May hear matter where claim is one for specific performance with damages (less than R 100 000) in the alternative
Consent in writing to increased jurisdiction of court Consent to the abandonment of the amount exceeding R100 000
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S46 of the MCA - Matters that MC cannot hear: Validity or interpretation of a will Status issues with regard to mental capacity Specific performance without an alternative to damages A decree of perpetual silence
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