2001 SA Court Structrues

SOUTH AFRICAN COURT STRUCTURES

A. CONSTITUTIONAL FRAMEWORK

In terms of section 166 of the Constitution, the courts are-

the Constitutional Court;
the Supreme Court of Appeal;
the High Courts, including any high court of appeal established by an Act of Parliament to hear appeals from High Courts;
the magistrates' courts; and
any other court established or recognised by an Act of Parliament, including any court with a status similar to either the High Courts or the magistrates' courts.

B. EXISTING COURTS

B.1 Superior Courts

Court	Origin	Related legislation
Constitutional Court	Section 167 read with item 16(2) of Schedule 6 of Constitution	Constitutional Court Complementary Act 13 of 1995
Supreme Court of Appeal	Section 168 read with item 16(3) of Schedule 6 of Constitution	Supreme Court Act 59 of 1959
High Courts	Section 166(c) read with item 16(4) of Schedule 6 of Constitution	Supreme Court Act 59 of 1959
Labour Appeal Court	Section 167 of the Labour Relations Act 66 of 1995	Section 166(c) and (e) read with item 16(1) of Schedule 6 of the Constitution
Labour Court	Section 151 of the Labour Relations Act 66 of 1995	Section 166(c) read with item 16(1) of Schedule 6 of the Constitution
Land Claims Court	Section 22 of the Restitution of Land Rights Act 22 of 1994	Section 166(c) read with item 16(1) of Schedule 6 of the Constitution
Special Income Tax Courts	Section 83 of the Income Tax Act 58 of 1962	Section 166(c) read with item 16(1) of Schedule 6 of the Constitution
Competition Appeal Court	Section 36 of the Competition Act 89 of 1998	Section 166(c) of the Constitution
Special (Consumer) Courts	Section 13 of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988	Sections 84, 85 and 86A of the Income Tax Act 58 of 1962 (mutatis mutandis applicable)
Electoral Court	Section 18 of the Electoral Commission Act 51 of 1996	Section 166(c) read with item 16(1) of Schedule 6 of the Constitution

B.2 Lower Courts

Court	Origin	Relevant legislation
Magistrates' courts	Magistrates' Courts Act 32 of 1944	Item 16(2) of Schedule 6 to the Constitution
Divorce Courts	Section 10 of the Administration Amendment Act 9 of 1929	Item 16(2) of Schedule 6 to the Constitution Divorce Courts Amendment Act 65 of 1997 (especially the Preamble)
Small claims courts	Small Claims Courts Act 61 of 1984	Item 16(2) of Schedule 6 to the Constitution
Courts of Chiefs and Headmen	Sections 12 and 20 of the Black Administration Act 38 of 1927	Item 16(2) of Schedule 6 to the Constitution
Short Process Courts (No such courts are presently in existence)	Short Process Courts and Mediation in Certain Civil Cases Act 103 of 1991	Item 16(2) of Schedule 6 to the Constitution

C. JURISDICTION OF EXISTING COURTS

C.1 Superior Courts

Court	Jurisdiction
Constitutional Court	Section 167(3) - (5) of Constitution - highest court in all constitutional matters Section 173 of Constitution - inherent power to regulate process and to develop common law
Supreme Court of Appeal	Section 168(3) of Constitution - highest court of appeal in all except constitutional matters Section 173 of Constitution - inherent power to regulate process and to develop common law
High Courts	Section 169(a) of Constitution - any constitutional matter not falling within the exclusive jurisdiction of the Constitutional Court or assigned to another court of a status similar to High Court Section 169(b) of Constitution - any other matter not assigned to another court by an Act of Parliament Section 173 of Constitution - inherent power to regulate process and to develop common law Section 19 of Supreme Court Act 59 of 1959 - general jurisdiction, including determination of appeals from, and review of proceedings of, inferior courts
Labour Appeal Court	Section 173 of Labour Relations Act 66 of 1995 - exclusive jurisdiction to determine appeals from Labour Court, and to decide questions of law in terms of section 158(4) of the Act Section 173 of Constitution - inherent power to regulate process and to develop common law
Labour Court	Section 157(1) of Labour Relations Act 66 of 1995 - exclusive jurisdiction in respect of all matters which must, in terms of the Act or any other law, be determined by the Labour Court Section 157(2) of Labour Relations Act - concurrent jurisdiction with the High Courts in respect of violations of fundamental rights related to labour matters Section 173 of Constitution - inherent power to regulate process and to develop common law
Land Claims Court	Section 22 of Restitution of Land Rights Act 22 of 1994 - exclusive jurisdiction to determine matters emanating from the application of the Act Section 173 of Constitution - inherent power to regulate process and to develop common law
Special Income Tax Courts	Section 83 of Income Tax Act 58 of 1962 - hearing of income tax appeals
Competition Appeal Court	Section 37 of the Competition Act 89 of 1998 - to consider appeals from, or review decisions of, the Competition Tribunal Section 173 of Constitution - inherent power to regulate process and to develop common law
Special (Consumer) Court	Section 13(1) of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988 - adjudication of matters in terms of the Act
Electoral Court	Section 20 of the Electoral Commission Act 51 of 1996. The Court- may review any decision of the Electoral Commission relating to an electoral matter; may hear and determine appeals against any decision of the Commission; must determine which courts shall have jurisdiction to hear particular disputes and complaints about infringements of the Electoral Code of Conduct; may hear and determine any matter relating to the interpretation of any law referred to it by the Commission; and may investigate any allegation of misconduct, incapacity or incompetence of a member of the Commission.

C.2 Lower Courts

Court	Jurisdiction
Magistrates' Courts	1. Civil jurisdiction: Section 45 of Magistrates' Courts Act 32 of 1944 - jurisdiction by consent if matter would otherwise fall outside jurisdiction Section 46 of Magistrates' Courts Act - matters beyond jurisdiction 2. Criminal jurisdiction - Section 89 of Magistrates' Courts Act: regional courts have jurisdiction in all matters except treason district courts in all matters except treason, murder and rape 3. Penal jurisdiction - section 92 of Magistrates' Courts Act: regional courts imprisonment not exceeding 15 years, fine not exceeding R300 000 (amount determined by notice in Gazette) district courts imprisonment not exceeding three years, fine not exceeding R60 000 (amount determined by notice in Gazette)
	4. Other jurisdiction as determined by various Acts of Parliament, notably the following: Section 12(4) of the Black Administration Act 38 of 1927 - hearing of (civil) appeals against decisions by Chiefs and Headmen Section 3 of the Maintenance Act 99 of 1998 - every magistrate's court is a maintenance court for the purposes of that Act Section 6 of the Inquests Act 58 of 1959 - holding of inquests by magistrates or regional magistrates Section 7 of the Close Corporations Act 69 of 1984 - adjudication of matters emanating from the Act, including liquidation of Close Corporations Section 1 of the Promotion of Administrative Justice Act 3 of 2000 - review of administrative actions Sections 1 and 78 of the Promotion of Access to Information Act 2 of 2000 - applications regarding decisions not to disclose information Sections 1 and 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 - every magistrate's court is an equality court Section 4(2) of the Children's Act 33 of 1960 - every magistrate's court is a children's court
Divorce Courts	Section 10(1) of the Administration Amendment Act 9 of 1929 - divorce matters
Small Claims courts	Sections 15 (causes of action) and 16 (matters beyond jurisdiction) of the Small Claims Courts Act 61 of 1984
Courts of Chiefs and Headmen	Section 12 of the Black Administration Act 38 of 1927 - civil disputes Section 20 of the Black Administration Act - certain offences
Short Process Courts	Section 9 of the Short Process Courts and Mediation in Certain Civil Matters Act 103 of 1991 - the adjudication of disputes which could not be resolved through mediation in terms of the Act

D. PRESIDING OFFICERSD.1 Superior Courts

Court	Presiding Officers	Appointment	Provisions relating to conditions of service
Constitutional Court	Section 167(1) of Constitution: President Deputy President Nine judges	Section 174(3) - (5) of Constitution - appointed by President after consultation with National Assembly and JSC	Sections 176 and 177 of Constitution Judges' Remuneration and Conditions of Employment Act 88 of 1989
Supreme Court of Appeal	Section 168(1) of Constitution: Chief Justice Deputy Chief Justice Number of judges of appeal determined by an Act of Parliament	Chief Justice and Deputy Chief Justice - section 174 (3) of Constitution - appointed by President after consultation with National Assembly and JSC Judges of appeal - section 174(6) of Constitution - appointed by President on advice of JSC	Sections 176 and 177 of Constitution Judges' Remuneration and Conditions of Employment Act 88 of 1989
High Courts	Section 3 of the Supreme Court Act 59 of 1959: Judges President Deputy Judges President Judges	Section 174(6) of Constitution - judges appointed by President on advice of the JSC	Sections 176 and 177 of Constitution Judges' Remuneration and Conditions of Employment Act 88 of 1989
Labour Appeal Court	Section 168 of the Labour Relations Act 66 of 1995: Judge President of Labour Court also Judge President of LAC Deputy Judge President of Labour Court also Deputy Judge President of LAC Other High Court judges	Judge President and Deputy Judge President: Ex officio (see Labour Court) Other (High Court) judges: Section 169 of Labour Relations Act 66 of 1995 - appointed by President on advice of NEDLAC and JSC after consultation with Minister of Justice and Judge President	Section 170 of Labour Relations Act 66 of 1995 Judges' Remuneration and Conditions of Employment Act 88 of 1989 Sections 176 and 177 of Constitution
Labour Court	Section 152 of Labour Relations Act 66 of 1995: Judge President Deputy Judge President Such number of judges as the President deems necessary	Section 153 of the Labour Relations Act 66 of 1995: Judge President must be High Court Judge appointed by President on advice of NEDLAC and JSC after consultation with Minister of Justice Deputy Judge President must be High Court Judge appointed by President on advice of NEDLAC and JSC after consultation with Minister of Justice and Judge President Other Judges must be High Court Judges or Legal Practitioners, appointed by President on advice of NEDLAC and JSC after consultation with the Minister of Justice and the Judge President	Section 154 of the Labour Relations Act 66 of 1995 Judges' Remuneration and Conditions of Employment Act 88 of 1989 (in respect of High Court judges appointed to the Labour Court) Sections 176 and 177 of Constitution
Land Claims Court	President of the Court - section 22(3) of the Restitution of Land Rights Act 22 of 1994 Additional judges - section 22(4) of the Land Rights Act	President of the Court - section 22(3) of the Restitution of Land Rights Act 22 of 1994 - appointed by President on advice of the JSC Additional judges - sections 22(4) and 23 - appointed by the President after consultation with the JSC and President of the Court from the ranks of judges of the High Courts or experts in the field of land matters	Section 26 of the Restitution of Land Rights Act 22 of 1994, in respect of the President and judges who are not judges of the High Courts Judges' Remuneration and Conditions of Employment Act 88 of 1989 in respect of High Court judges Sections 176 and 177 of Constitution
Special Income Tax Courts	Section 83(2) of the Income Tax Act 58 of 1962 - every court consists of- a President who must be a judge or an acting judge of a High Court an accountant a representative of the commercial community	Section 83(5) and (6) of the Income Tax Act 58 of 1962- members are appointed by the President by proclamation in Gazette President of the court must be nominated by the Judge President of a High Court	President of the Court - Judges' Remuneration and Conditions of Employment Act 88 of 1989
Competition Appeal Court	Section 36(2) of the Competition Act 89 of 1998: Three judges of the High Courts, one of whom must be designated as Judge President Two other members	Section 36(2) of the Competition Act 89 of 1998: Judges must be appointed by the President in accordance with section 174 of Constitution- three of whom must be High Court Judges; and two of whom must be suitable persons	Section 39 of the Competition Act 89 of 1998 Judges' Remuneration and Conditions of Employment Act 88 of 1989 in respect of High Court Judges Sections 176 and 177 of Constitution
Special (Consumer) Courts	Section 13(3) of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988: President (High Court Judge) Two members	Section 13(3) - (3D) of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988: President designated by the Chief Justice Two members appointed by President from nominees invited by notice in Gazette	Judges' Remuneration and Conditions of Employment Act 88 of 1989 i.r.o. Chairperson and High Court Judges Section 19(2) of the Electoral Commission Act 51 of 1996 i.r.o. the other two members
Electoral Court	Section 19 of the Electoral Commission Act 51 of 1996: Chairperson, who is a judge of the Supreme Court of Appeal Two High Court judges Two RSA citizens	Section 19 of the Electoral Commission Act 51 of 1996: All members appointed by the President on the recommendation of the JSC	Judges' Remuneration and Conditions of Employment Act 88 of 1989 i.r.o. President and High Court judges Section 19(2) of Electoral Commission Act 51 of 1996 i.r.o. other members

D.2 Lower Courts

Court	Presiding Officers	Appointment	Provisions relating to conditions of service
Magistrates' Courts	Section 9 of the Magistrates' Courts Act 32 of 1944: Districts: Magistrates, additional magistrates, assistant magistrates Regional Divisions: (Regional) magistrates	Section 9 of the Magistrates' Courts Act 32 of 1944 and section 10 of the Magistrates Act 90 of 1993: Magistrates (excluding assistant magistrates) are appointed by the Minister of Justice after consultation with the Magistrates Comission	Magistrates Act 90 of 1993 Public Service Act i.r.o. assistant magistrates
Divorce Courts	Section 10(3) of the Administration Amendment Act 9 of 1929: President and other presiding officers	Section 10(3) of the Administration Amendment Act 9 of 1929: President and Presiding Officers appointed by Minister after consultation with the Magistrates Commission	Magistrates' Act 90 of 1993 In terms of section 10(3)(b) of the Administration Amendment Act 9 of 1929, the President and other presiding officers of the Court are deemed to be magistrates of a regional division
Small Claims courts	Section 8 of the Small Claims Courts Act 61 of 1984: Commissioner for Small Claims	Section 9 of the Small Claims Courts Act 61 of 1984: Commissioners- are appointed by Minister of Justice or Director in Department; and must be qualified to be admitted as advocate or attorney or to be appointed as magistrate	Section 8 of the Small Claims Courts Act 61 of 1984
Courts of Chiefs and Headmen	Sections 12(1) and 20(1) of the Black Administration Act 38 of 1929: Chiefs Headmen Chief's deputies	Sections 12(1) and 20(1) read with section 2(7) and (8) of the Black Administration Act 38 of 1929	Section 5 of the Remuneration of Public Office Bearers Act 20 of 1998 (traditional leaders)
Short Process Courts	Section 5 of the Short Process Courts and Mediation in Certain Civil Matters Act 103 of 1991: Adjudicator for Short Process	Section 6 of the Short Process Courts and Mediation in Certain Civil Matters Act 103 of 1991: Adjudicator must be appointed by Minister of Justice from list of persons identified by the Law Society of South Africa, the general Council of the Bar and the Department	Section 13(1)(d) of the Short Process Courts and Mediation in Certain Civil Matters Act 103 of 1991: The Minister of Justice may make rules regarding the payment of remuneration and allowances to adjudicators, including recovery or partial recovery of such expenses from the parties to the proceedings

E. PROCEDURE AND RULES

The purpose of the tables hereunder is to provide a convenient reference to the most relevant provisions regarding the procedural aspects pertaining to the various courts.

It should be noted, however, that the bulk of the criminal procedure applicable in both the High Courts and the magistrates' courts is contained in the Criminal Procedure Act 51 of 1977.
It should also be borne in mind that, in terms of section 171 of the Constitution, all courts function in terms of national legislation and their rules and procedures must be provided for in terms of national legislation.

E.1 Superior Courts

Court	Provisions relating to procedure/rules
Constitutional Court	Section 167(6) of Constitution - direct access/appeal to Constitutional Court Section 171 of Constitution - inherent power to protect and regulate own process Section 16 of the Constitutional Court Complementary Act 13 of 1995 - Rules of Court
Supreme Court of Appeal	Section 171 of Constitution - inherent power to protect and regulate own process Supreme Court Act 59 of 1959 Section 6 of the Rules Board for Courts of Law Act 107 of 1985, and the Rules made in terms thereof (Uniform Rules of Court)
High Courts	Section 171 of Constitution - inherent power to protect and regulate own process Supreme Court Act 59 of 1959 (especially section 43 in respect of rules made by the Judge President of a High Court) Section 6 of the Rules Board for Courts of Law Act 107 of 1985, and the Rules made in terms thereof (Uniform Rules of Court)
Labour Appeal Court	Section 171 of Constitution - inherent power to protect and regulate own process Sections 159 and 176 of the Labour Relations Act 66 of 1995 - Rules Board for Labour Courts, and the rules made in terms thereof. See also sections 174 - 184 of the Act.
Labour Court	Section 171 of Constitution - inherent power to protect and regulate own process Sections 159 of the Labour Relations Act 66 of 1995 - Rules Board for Labour Courts, and the rules made in terms thereof. See also sections 158 - 166 of the Act.
Land Claims Court	Section 171 of Constitution - inherent power to protect and regulate own process Section 32 of the Restitution of Land Rights Act 22 of 1994 - President of Court may make rules. See also sections 27 - 38 of the Act.
Special Income Tax Courts	Sections 83 - 86 of the Income Tax Act 58 of 1962
Competition Appeal Court	Section 171 of Constitution - inherent power to protect and regulate own process Section 38(1)(c) of the Competition Act 89 of 1998 - Judge President may make rules for the proceedings of the Court. See also section 38(2) - (5) of the Act.
Special (Consumer) Courts	Section 13 and 16(b) (regulations) of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988
Electoral Court	Section 20(3) of the Electoral Commission Act 51 of 1996 - the Court may determine its own practice and procedures and make its own rules

E.2 Lower Courts

Court	Provisions relating to procedures/rules
Magistrates' Courts	Magistrates' Courts Act 32 of 1944 Section 6 of the Rules Board for Courts of Law Act 107 of 1985, and the Rules made in terms thereof (Magistrates' Courts Rules)
Divorce Courts	Section 10(4)(a) of the Administration Amendment Act 9 of 1929 - the Minister of Justice may make rules - and the rules made in terms thereof
Small Claims Courts	Section 25 of the Small Claims Courts Act 61 of 1984 - the Minister of Justice may make rules - and the rules made in terms thereof
Courts of Chiefs and Headmen	Sections 12 and 20 of the Black Administration Act 38 of 1927
Short Process Courts	Section 13 of the Short Process Courts and Mediation in Certain Civil Matters Act 103 of 1991 - the Minister of Justice may make rules

By the Directorate: Legislation and Constitutional Development, 2001