The civil and criminal courts in South Africa are in charge of carrying out the country’s judicial system. They were formed in accordance with the South African Constitution or Acts of the South African Parliament, and they apply South African law. Courts in South Africa come in a variety of forms. Depending on the situation, the court that will hear your case will vary.
Types of courts
constitutional tribunal
In 1996, the Republic of South Africa’s Constitution created the Constitutional Court. The court is located in Braamfontein, Johannesburg, in Constitutional Hill Precinct. A Chief Justice, a Deputy Chief Justice, and 9 other justices make up the Constitutional Court’s 11 judges. At least eight judges must hear a case.
In South Africa, the highest court is the Constitutional Court. No other court may overturn its judgments. The court makes general and constitutional decisions. Any matter that has to do with how the Constitution is read, protected, or applied is a constitutional matter. In the event that the Constitutional Court grants leave to appeal, general matters are heard. A general matter is one that is significant to the public at large.
Whether a topic falls under the Constitutional Court’s purview is ultimately decided.
The Supreme Court of appeal
Bloemfontein, in the Free State, is home to the Supreme Court of Appeal (SCA).It was created in 1910 and given the name Appellate Division. According to the Constitution, it is known as the Supreme Court of Appeal. The court is presided over by a Deputy President, many appeals judges, and a President.
Depending on the type of the appeal, there are typically three or five judges presiding over the proceedings. A three-judge court may consider an appeal in either a criminal or civil case. A case of importance is heard by a court with a larger number of judges.
Except for labor and competition-related issues, the SCA decides appeals. High Court of South Africa appeals or appeals from a court with a status akin to the High Court are made to the SCA. No other court—aside from the Constitutional Court—can reverse a SCA judgment. The SCA is permitted to reverse its own choice.
The high court
A Judge President, one or more Deputy Judge Presidents, and judges make up each Division of the High Court. The number of judges in each Division is chosen in accordance with established standards and with the President’s approval.
Each Division has a jurisdictional territory that includes any region of one or more provinces. A major seat and one or more local seats are available in each Division.
One judge has jurisdiction over a civil case that is tried by a court of first instance, which means that it is not an appeal case. Any matter may be heard by a court with a maximum of three judges. A single judge hearing a civil case may end the hearing and refer the case to the entire court of that Division for hearing. The Judge President or the senior available judge, in the absence of the Judge President and the Deputy Judge President, is consulted regarding this.
The tax courts, the magistrate courts , the equality courts are all lesser tic courts in the hierarchy with each having their own duties
