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Constitutional Court

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21 views

Constitutional Court

Uploaded by

ovayomfihlo07
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CONSTITUTIONAL COURT

COMPOSITION:

- The Chief Justice of South Africa heads the court.

- The court has 11 other justices appointed by the


President of South Africa, subject to confirmation by
the National Assembly.

- At least four of the justices must have expertise in


public law.

- The Constitution also provides for the appointment of


acting justices when necessary.

- The term of office for a Constitutional Court justice is


12 years or until they reach the age of 70, whichever
comes first.
SUPREME COURT OF APPEAL

COMPOSITION:
- The SCA is composed of the President of the SCA, the
Deputy President of the SCA, and up to 14 judges,
appointed by the President of South Africa with the
concurrence of the JSC (Judicial Service Commission).

- The President and Deputy President serve for a term


of seven years or until they reach the age of 70,
whichever is earlier.

- The other judges have no fixed term of office, but they


must retire at the age of 70, and enjoy the benefits of
their retirement.

JURISDICTION: Appeals ONLY from the High Court


HIGH COURT
ONE HIGH COURT, DIFFERENT DIVISIONS
Provincial divisions, Local divisions and Circuit courts.

COMPOSITION:

- The High Court has a division in each of the 9


provinces of South Africa. Each division is headed by a
Judge President, with other judges assigned to that
division.

- The judges are appointed by the President of South


Africa on the recommendation of the JSC.

- The number of judges in each division varies,


depending on the workload and population of the
province.
Each division has a JP and a Deputy JP.
HC as court of first instance:
Civil cases – no limitation on monetary value or relief
that can be granted

Criminal cases – no limitation on sentence that may be


imposed
Constitutional matters where CC does not have
exclusive jurisdiction
HC as court of appeal
From MCs in civil or criminal matters – 2 judges (full
bench) will hear appeal
From single/two judges in HC to full court of HC
Full court = 3 judges
HC as court of review
From MC to HC – 2 judges

The High Court has both original and appellate


jurisdiction in civil and criminal matters, which means
it can hear cases for the first time and also review
decisions of lower courts.

- The High Court can hear constitutional matters,


provided that the case has already been before a lower
court, like the Magistrate’s Court.

- The High Court has exclusive jurisdiction over some


cases, like divorce and liquidation of companies.
SMALL CLAIMS COURT

COMPOSITION:
- Each Magistrate’s Court has a Small Claims Court.

- The Small Claims Court is presided over by a


magistrate or a suitably qualified person.

- There is no legal representation in the Small Claims


Court, so you must represent yourself.

- The Small Claims Court can hear cases where the


amount claimed is R 20 000 or less.

- The parties to the dispute are required to negotiate


with each other before going to court.

JURISDICTION:
- The Small Claims Court can hear civil cases involving
claims of up to R 20 000.

- The court can hear cases involving money, property,


or services.
- The court cannot hear cases involving defamation,
eviction, labour disputes, or intellectual property.

- The court cannot hear cases where the parties have


already had a previous court case in relation to the
dispute.

- The Small Claims Court is not a court of record,


which means the proceedings are less formal and
quicker than those in other courts.
EQUALITY COURT

COMPOSITION:

- The Equality Court is a special court, created under


the Promotion of Equality and Prevention of Unfair
Discrimination Act (PEPUDA).

- The Equality Court is part of the Magistrate’s Court,


but can also sit in the High Court or even the
Constitutional Court.

- The court is presided over by a magistrate or a judge.

JURISDICTION:
- It can hear cases of unfair discrimination, harassment,
hate speech, or any other form of prohibited conduct
prohibited under PEPUDA.

- The court can hear cases that involve discrimination


based on race, gender, sexual orientation, religion,
disability, or any other ground of discrimination.
- The court can order remedies to stop discrimination,
such as damages, an order for reinstatement in a job, or
an order for an apology.

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