Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    Chapter 3

    Uploaded by

    2018269007
    The document discusses South Africa's court structure and jurisdiction. It outlines the different court levels, including superior courts like the Constitutional Court and Supreme Court of Appeal, as well as inferior courts like magistrates' courts, small claims courts, and traditional courts. It describes the jurisdiction and roles of these different court levels, with higher courts having authority over broader geographical areas and ability to hear appeals from lower courts. Specialized courts are also mentioned that handle specific areas like labor issues, tax appeals, and intellectual property.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Chapter 3

    Uploaded by

    2018269007
    6 views20 pages
    The document discusses South Africa's court structure and jurisdiction. It outlines the different court levels, including superior courts like the Constitutional Court and Supreme Court of Appeal, as well as inferior courts like magistrates' courts, small claims courts, and traditional courts. It describes the jurisdiction and roles of these different court levels, with higher courts having authority over broader geographical areas and ability to hear appeals from lower courts. Specialized courts are also mentioned that handle specific areas like labor issues, tax appeals, and intellectual property.

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses South Africa's court structure and jurisdiction. It outlines the different court levels, including superior courts like the Constitutional Court and Supreme Court of Appeal, as well as inferior courts like magistrates' courts, small claims courts, and traditional courts. It describes the jurisdiction and roles of these different court levels, with higher courts having authority over broader geographical areas and ability to hear appeals from lower courts. Specialized courts are also mentioned that handle specific areas like labor issues, tax appeals, and intellectual property.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    6 views20 pages

    Chapter 3

    Uploaded by

    2018269007
    The document discusses South Africa's court structure and jurisdiction. It outlines the different court levels, including superior courts like the Constitutional Court and Supreme Court of Appeal, as well as inferior courts like magistrates' courts, small claims courts, and traditional courts. It describes the jurisdiction and roles of these different court levels, with higher courts having authority over broader geographical areas and ability to hear appeals from lower courts. Specialized courts are also mentioned that handle specific areas like labor issues, tax appeals, and intellectual property.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 20

    CHAPTER 3

    COURT STRUCTUTRE AND JURISDICTION


    Why is it important to know the different court structures

    Court chosen depends on the following:

    • Identities of the parties

    • Nature of dispute

    • Remedy requested
    What is covered in this chapter?
    Superior (higher) courts: Inferior (lower) courts:
    • Constitutional Court • Magistrates’ courts
    • Supreme Court of Appeal Regional
    • High Courts District
    • Special higher courts • Special lower courts
    • Small claims courts
    • Traditional courts
    Constitutional
    Court

    • Constitution Hill,
    Braamfontein,
    Johannesburg
    Constitutional Court
    The judges’ table in a
    courtroom of the
    Constitutional Court

    Chief Justice?

    Deputy chief-justice?

    Nine other judges

    Who appoints the chief


    justice?
    CONSTITUTIONAL COURT
    • The highest court over all matters relating to the Constitution.
    • 11 judges, minimum 8
    • Functions
    - Final decision whether an Act of Parliament, a provincial Act or
    conduct of the President is constitutional
    - Alleged violation of any fundamental right contained in the Bill of
    Rights.
    • Unlimited jurisdiction on constitutional issues over the whole of
    South Africa.
    • Court of final instance
    • Judgments are binding on all other courts, including the Supreme Court of
    Appeal and the High Courts.
    SUPREME COURT
    OF APPEAL

    • Jurisdiction whole of South


    Africa

    • Appeals from high court if


    appeal is granted

    • No reviews

    • Any amount

    • Court of final instance, except….

    • Any trial
    HIGH COURTS
     There is a single high court. This high court have divisions

     15 branches known as ‘divisions’ of the High Court (statusof each?)


    9 main seats or provincial divisions
    6 local divisions (populations)

     Inherent jurisdiction (power comes from common law)

     Jurisdiction (authority to decide on a matter)


    Limited to own geographical area
    Unlimited amount
    Life sentence
    Unless maximums prescribed by act
    High Courts
     Can make decision on the constitutionality of any legislation (making legislation invalid)

     Can make decision on the conduct of the State President

     Jurisdiction depends on following:


    • Geographical area where issue being litigated took place
    • Nature of the issue or cause of action
    • Presence of subjects in geographical area

     Governed by the Supreme Court Act and rules.

     Jurisdiction over all persons residing or being in a specific geographical area.


    High Courts

     Decisions of a High Court are binding on all magistrates‘courts within the geographical area.

    Conflicting decisions of law between any two or more High Courts, Supreme Court of Appeal will be
    binding on all courts.

    Circuit divisions are temporary – at least twice a year to remote areas


    SPECIAL HIGHER COURTS
     Labour Court and Labour Appeal Court
     Court for Tax Appeals (appeals decisions by commissioner of income tax)
     Court of Commissioner of Patents (appeals decisions by commissioner of
    patents – Gauteng High Court)
     Commercial Court (Local Division of the Gauteng High Court, application by
    both parties, Judge president approval)
     Competition Appeals Court (appeals decisions of the from competition
    tribunal) https://www.comptrib.co.za/cases-current
     Land Claims Court
    HIGH COURT: REVIEW

     Magistrate court decision can be REVIEWED by high court in


    geographical area
     Usually restricted to aggrieved party
     Re-examine the decision or the proceedings
     When?
    Outside their scope (ultra vires)
    No jurisdiction
    Gross irregularities
    Interest or bias presiding officer
    HIGH COURT: REVIEW
     Sometimes automatic review
    Not represented, 6 months imprisonment or R12 000 fined
    Or
    Not represented, 3 months imprisonment or R6 000 fined (magistrate worked

    less than 7 years

     Outcomes of review
    Confirm judgment
    Change judgment
    Correct procedure
    HIGH COURT: APPEAL
     Appellant v Respondent

     Reconsider the previous judgment because –


    Applied the law wrongly
    Incorrect finding of fact
    Exercised its discretion wrongly

     Not automatic

     Appeal from magistrate – leave to appeal granted


    HIGH COURT: APPEAL
     Appellant v Respondent

     Reconsider the previous judgment because –


    Applied the law wrongly
    Incorrect finding of fact
    Exercised its discretion wrongly

     Not automatic

     Appeal from magistrate – leave to appeal granted


    HIGH COURT: APPEAL
     Up to 3 judges

     No evidence – written record + legal arguments

     Automatically suspends judgment and order


    MAGISTRATE COURTS
     Magistrates’ Court - Magistrates’ Court Act + regulations
     District magistrate courts (384)
    Less serious criminal cases (not murder, rape, terrorism, sedition, treason)
    Civil claims up to R200 000 (liquid document or credit agreement) or R50 000
    3 years imprisonment or fine R120 000
     Regional magistrate courts (13)
    Serious criminal cases (not treason)
    Civil cases R200 000 to R400 000 and divorces
    15 years imprisonment fine R600 000
    SPECIAL LOWER COURTS

     Children Court

     Maintenance Court

     Equality Court

     Community Court

     Court for Income Tax Offenders


    TRADITIONAL COURTS
     Traditional courts – if requested by litigants, customary law

     Marriage, inheritance, labola

     Colonisation - colonial law and customary law never combined

     Customary law to comply with Constitition


    SMALL CLAIMS COURMarnus22@@T
     Only natural persons may sue, but juristic person may be sued,
     State being sued
     No legal representation
     R20 000
     Choice
     Costs of successful party not applicable
     Jurisdiction a geographical issue
     Where the issue being litigated took place
     Commissioner
    SMALL CLAIMS COURT
    The clerk of the court will prepare a summons which will force the person to come to court at the set date.
    The summons will be delivered by you or the sheriff of the court. Please always remember the date and time
    during which your case will be heard.

     COURT DATE
    On the day of the court hearing, you must bring proof that the summons was delivered to the person you
    are claiming from. 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.

     PAYMENT
    If judgment is given in your favour, the person must pay the money immediately and will be issued a
    receipt. If they are not able to pay, the court will investigate their financial position and determine a
    payment plan.

     FAILURE TO COMPLY
    If the person does not settle the dispute as agreed, the matter will be referred to the magistrate’s court.

    You might also like