TOPIC 5

JURISDICTION OF THE COURTS

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

Jurisdiction - influenced by three factors

Geographical area Type of matter being heard Amount of compensation / punishment

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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TYPE OF CASE AND AMOUNT OF COMPENSATION OR PUNISHMENT

Distinction between criminal, civil and constitutional matters Criminal - courts jurisdiction determined by : kind of offence and possible sentence

Civil - jurisdiction determined by:

amount claimed the nature of the relief sought

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

Hears all matters, except those in exclusive jurisdiction of CC

Functions only as a court of appeal

Hears appeals from the High Courts

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 jurisdiction as a court of first instance:

Criminal matters Can try any criminal offence but in practice only serious offences Can impose sentence of more than 15 years and a fine of R300 000 Civil cases If claim exceeds R100 000 If claim is specific performance without damages as alternative If matters involves issues of status Constitutional matters May decide any constitutional matter except that which falls within exclusive jurisdiction of the CC Confirmation by the CC of decisions regarding constitutional matters

HCs Appeal and Review jurisdiction:

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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LOWER COURTS (Magistrates Court Act 32 of 1994)

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

Has no appellate or review jurisdiction

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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

If amount exceeds R 100 000 then parties may

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

Constitutional matters Has no constitutional jurisdiction

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