The South African Court Hierarchy

Flashcards covering civil vs. criminal differences, court hierarchy (inferior, superior, magistrates, High Courts, SCA, Constitutional Court, special courts), jurisdiction, appeals, and Latin terms related to precedent.

What is the main difference between civil cases and criminal cases in terms of involvement and public/private nature?

Criminal cases involve the state prosecuting a crime (public law matter); civil cases involve private disputes between individuals or entities seeking remedies like damages (private law matter).

In civil cases, who initiates action and what is the standard of proof?

The plaintiff initiates; standard of proof is the balance of probabilities.

In criminal cases, who prosecutes and what is the standard of proof and presumption about the accused?

The State prosecutes; standard of proof is beyond a reasonable doubt; the accused is presumed innocent until proven guilty.

What are typical outcomes in criminal and civil cases?

Criminal: punishment (prison, fines, community service); Civil: damages (compensation), interdicts, and cost orders.

In appeals, who is the Appellant and who is the Respondent?

Appellant is the party appealing; Respondent is the party against whom the appeal is brought.

What is jurisdiction in the court system?

The range of matters a court is authorized to hear and the limitations on orders; determined by subject matter and geographical region.

What are inferior (lower) courts?

Lower courts handling less serious cases; do not create precedent; must follow decisions of superior courts.

Name the inferior courts mentioned.

Small Claims Court, Chiefs’ and Headmen’s Courts, Magistrates’ Courts.

Describe the Small Claims Court.

Hears civil matters valued at R20 000 or less; informal process; parties often unrepresented; only natural persons can initiate proceedings; juristic persons can be sued but cannot sue; cases decided by a commissioner.

What are Chiefs’ and Headmen’s Courts?

Deal with customary law disputes; informal procedure; heard by a chief or headman; jurisdiction limited to disputes under customary law; judgments can be appealed to the Magistrates’ Court.

District vs Regional Magistrates’ Court – civil claim limits and crimes heard.

District Magistrates’ Court: civil claims up to R200 000; cannot hear murder/rape/treason; max 3 years imprisonment per offence. Regional Magistrates’ Court: civil claims up to R400 000; can hear all criminal matters except treason; can sentence life imprisonment or a fine; can hear divorce matters.

Do magistrates’ court decisions create binding precedent?

No; they do not create binding precedent for other magistrates; must follow High Court decisions in their jurisdiction and decisions of the SCA and Constitutional Court.

What are the Superior Courts?

Constitutional Court, Supreme Court of Appeal (SCA), High Courts, Special Courts; only superior courts can create judicial precedent.

Role of the Supreme Court of Appeal (SCA).

Highest court for non-constitutional matters; hears non-constitutional civil or criminal appeals; can interpret statutes and develop the common law; bound to its own decisions and must follow precedents set by the Constitutional Court.

Where is the Supreme Court of Appeal located and what is its scope?

Based in Bloemfontein; highest court in the country dealing with non-constitutional matters; acts as an appellate court.

What is the role of the Constitutional Court?

Upholds the Constitution; interprets, protects and enforces the Bill of Rights; can invalidate legislation and order Parliament to correct it; decisions are binding on all courts.

What is the difference between binding precedents and persuasive decisions among High Courts?

Superior courts’ decisions create binding precedents within their jurisdiction; decisions of a different province’s High Court are persuasive, not binding; the SCA resolves conflicts.

What are Stare Decisis and Ratio Decidendi in Latin terms?

Stare Decisis: the doctrine of precedent; Ratio Decidendi: the underlying legal principle or rule that decides the case.

What is the jurisdiction of High Courts?

Inherent jurisdiction to hear criminal and civil matters of any value; can review cases and hear appeals from inferior courts; may hear certain constitutional matters with confirmation by the Constitutional Court.

How are High Court divisions organized and what is their effect on decisions?

High Courts are made up of provincial and local divisions; provincial divisions have greater authority; local divisions cannot generally hear appeals; decisions are binding within the province and persuasive elsewhere.

What are Special Courts and give examples?

Courts at the same level as High Courts but with specialized jurisdictions; examples: Labour Court, Income Tax Special Court, Water Court, Children’s Court, Equality Court, Electoral Court.

What can the Constitutional Court do regarding legislation that conflicts with the Bill of Rights?

It can invalidate conflicting legislation and order Parliament to correct it; it can order organs of state or individuals to stop or correct actions infringing the Bill of Rights; its decisions are binding on all courts.