The South

African Court
Hierarchy
Introduction to South African Law
Learning Unit 1: Theme 2
 The South African Court Hierarchy

• South Africa has a range of different courts, all of which play different roles depending
on their jurisdiction
• Jurisdiction
• Refers to:
• The range of matters that a particular court is authorised to hear
• The limitations that the courts have ito the type of orders they make
• Determined according to:
• Subject matter
• Geographical region
• The jurisdiction of the courts is best understood via the legal hierarchy – look Figure 1.2 on Page 11
of your textbook
 Crime/criminal offence
• an unlawful act that can be punished by law

Criminal case
• takes place between the state and a person accused of
committing a crime
The South • The state has to:
• Prove the guilt of the accused beyond a reasonable doubt
African Court • Prosecute the accused persons

Hierarchy: • The accused is presumed to be innocent until proven guilty in a

court of law
Terminology Civil case
• is a case between persons

Compensation/damages
• a payment to compensate a person for financial loss suffered
due to another person’s wrongful actions
• Granted in civil cases
 The South African Court
Hierarchy:
Terminology
• Differences between criminal and civil cases
• Defendant: person who is sued or accused
in a court of law
• Plaintiff: person who sues or brings the case
against the defendant
• Appellant: person who appeals the finding
• Respondent: person against whom they bring the
appeal
• Accused :person who is on trial for a criminal
charge
• Convicted person: person who has been found
guilty of a criminal offense

Please look at Table 1.1. on page 12 of your

Inferior courts

Also known as the lower courts

Characteristics:
• Handles less serious cases
• Smaller geographical area of jurisdiction
• Does not create judicial precedent
• Must follow the decisions of the superior courts

The following are deemed to be inferior courts:

• Small claims courts
• Chief and headmen’s courts
• Magistrates’ courts
 Inferior courts:
Small Claims Court

• At the bottom of the court hierarchy • Juristic persons (e.g. companies) can
be sued in the Small Claims Court but
• Hear civil matters valued a R15 000 or less
cannot sue in that court
• Informal process • This is due to the fact that individuals
• Parties do not have legal representation are in a more vulnerable legal
position that corporate entities and
• Advantages of this court: need a cheap and time-efficient
• Makes justice more accessible to option
litigants (persons seeking legal • A commissioner decides the cases
action)
• Commissioners are often legal
• Less expensive
persons who volunteer their services
• Quicker process than other courts free of charge
• Only natural persons can initiate
proceedings in the Small Claims Court
 Deal with customary law cases

Heard by a chief or headman

Inferior courts:
Chiefs’ and Informal procedure

Headmen’s
Courts Litigants do not have legal representation

Criminal and civil jurisdiction that is limited to disputes of customary

law between people who live within the jurisdiction of that court

Judgments can be appealed to the Magistrates’ Court

Inferior courts:
Magistrates’ Court

• Jurisdiction of the Magistrates’ Court is

limited to:
• Geographical areas
• The type of case
• The maximum sentence or value of the
claim sought
• There are two levels of Magistrates’ Court:
• District Magistrates’ Court
• Regional Magistrates’ Court (a region is
larger than a district)
 Inferior courts:
Magistrates’ Court

• Characteristics of the District Magistrates’ Court

• Jurisdiction over local areas called magisterial districts
• Hear civil and criminal cases
• Cannot hear cases of divorce; adoption; those relating to a
person’s sanity or the validity or interpretation of a will
• May only hear civil claims of upto R200 000, unlike their Regional
counterparts which have a limit of R400 000
• Cannot hear cases involving murder; rape or treason
• May sentence convicts to a maximum of 3 years imprisonment per
offence
 Inferior courts:
Magistrates’ Court

• Characteristics of the Regional Magistrates’ Court

• Highest ranked inferior court
• Greater jurisdiction over criminal and civil cases
than the District Magistrates’ Court
• Criminal cases
• Jurisdiction over all criminal matters,
except treason
• Can sentence convicted persons to a
maximum of life imprisonment or a fine
per crime
• Can hear divorce matters (this was previously
limited to the High Courts only
Inferior courts:
Magistrates’ Court

• Magistrates’ courts do not create precedent

• Therefore, the decisions of a magistrates’ court do not
have to be followed by any other magistrates’ court or
any other court
• Magistrates’ courts must however follow the precedence
set up the High Courts in their jurisdictions, as well as the
Supreme Court of Appeal and the Constitutional Court
 Superior courts

• Include:
• The Constitutional Court
• The Supreme Court of Appeal (SCA)
• The High Courts
• Special Courts
• Only superior courts can create judicial precedent
• This because they hear the most serious cases and the
law reports record the judgments of the superior courts
only
• Superior courts are bound by their own decisions unless or
until it is overridden by a higher superior court
• If however the precedent is found to be incorrect, the
court will have to override that decision
Superior courts:
High Courts
• Presiding officers
• Judges
• Judge president at the head of each High Court
• Formally known as the supreme courts
• Jurisdiction
• extends only over the province in which it is located
• Inherent jurisdiction:
• Hear criminal and civil matters of any value (no
limitation or threshold)
• Can sentence a convicted criminal to various
punishments, including life imprisonment
• Capable of reviewing cases and hearing appeals from the
inferior courts
• May also hear certain constitutional matters, however
decisions in these matters must be confirmed by the
Constitutional Court
 Superior courts:
High Courts

• Made up of provincial and local divisions

• Provincial divisions are higher up the court hierarchy than local divisions
• Their powers and functions are the same, except that local divisions cannot
generally hear appeals
• High courts are bound by their own precedent (i.e. by their own earlier
decisions) in the same province, however one High Court is not bound by the
judgments of a High Court in another province
• This is due to other High Courts viewing each other’s judgments as having
persuasive authority, and not being binding
• Persuasive decisions: act as guidelines, which a court may choose to follow
• In the event that two High Courts conflict over a decisions, the SCA will
resolve the matter
• The Magistrates’ Court will follow the decision of the High Court in
their jurisdiction
• Size of the High Courts
• Determined by the number of judges that presided over the matter
• Affects the weight of that court’s judicial precedent – the larger the court,
the more weight its decisions carry
Superior courts:
Special Courts

• Same level as the High Courts

• Create judicial precedent for themselves
• Purpose = to hear specialised types of cases
• Types of special courts:
• Labour court
• Income Tax Special Court
• Water Court
• Children’s Court
• Equality Court
• Electoral Court
Superior courts:
Supreme Court of Appeal

• Previously known as the Appellate Division

• Highest court in the country in dealing with
non-constitutional matters
• Presiding officers:
• Judges of appeal
• Headed by the President of the Court
• Based in Bloemfontein
 Superior courts:
Supreme Court of Appeal

• Jurisdiction
• It is only a court of appeal and not a court of first instance
• In other words, it only hears matters that have already
been heard by courts lower to it and where a litigant
has not appealed the previous decision
• Its main function is to hear any non-constitutional civil or
criminal appeal arising anywhere in the country
• It has limited constitutional jurisdiction as it may not hear or
decide constitutional issues which fall within the exclusive
jurisdiction of the Constitutional Court

• The SCA may interpret statutes and develop the common

law
• It is bound to its own decisions and must follow
precedence set by the Constitutional Court
Superior courts:
Constitutional Court

• Seated in Braamfontein in Johannesburg

• Function and purpose is to uphold the
Constitution
• Highest court in all matters
• Presiding officers:
• Nine justices, the Deputy Chief Justice and
the Chief Justice
 Superior courts:
Constitutional Court
• Jurisdiction:
• To interpret, protect and enforce the provisions of the Constitution
• Any violation of any of the rights set out in the Bill of Rights (e.g. S v
Makwanyane)
• Deals with non-constitutional matters in the event that an arguable
point of law of general public importance arises. In order to do this
though, the following must be considered:
• The point must be one of law and it must be arguable
• Whether it is arguable is dependant on the particular
circumstances of the case
• The point of interest must be general and not narrow
• The point of law to be considered must be in the interests of
justice
• Other functions of the CC
• It may invalidate any legislation that conflicts with the Bill of Rights
• It can order Parliament to correct any legislation that is not in line with
the Constitution
• It may also order organs of state or even individuals to stop or correct
behaviour that infringe the Bill of Rights
• The decisions of the Constitutional Court are binding on all other courts