The South African Court Hierarchy

Differences between Civil and Criminal Cases

  • Civil cases: private law; arise when one party suffers damage or loss due to another's wrongful act; state is only indirectly involved; burden of proof is the balance of probabilities; remedy is damages, interdicts, and cost orders; parties: plaintiff vs defendant; appeals involve appellant and respondent.
  • Criminal cases: public law; the state prosecutes; burden of proof is beyond a reasonable doubt; accused is presumed innocent until proven guilty; remedy is punishment (prison, fines, community service, etc.); aim is to punish the guilty.

The South African Court Hierarchy

  • Jurisdiction refers to the range of matters a court is authorised to hear and the types of orders it may issue; determined by subject matter and geographical region.

Terminology and Key Concepts

  • Crime/criminal offence: unlawful act punishable by law.
  • Criminal case: state vs accused; guilt beyond a reasonable doubt; presumption of innocence.
  • Civil case: between individuals; compensation/damages; standard of proof is balance of probabilities.
  • Appellant: person who appeals; Respondent: person against whom an appeal is brought; Accused: person on trial; Convicted person: found guilty.

Inferior Courts (Lower Courts)

  • Handle less serious matters; smaller geographical areas; do not create binding judicial precedent; must follow decisions of superior courts.
  • Includes: Small Claims Court, Chiefs’ and Headmen’s Courts, Magistrates’ Courts.

Inferior Courts: Small Claims Court

  • Bottom of the court hierarchy; civil matters valued R20{,}000 or less; informal process; generally no legal representation; only natural persons can initiate proceedings; juristic persons can be sued but cannot sue in this court; decisions decided by a commissioner.

Inferior Courts: Chiefs’ and Headmen’s Courts

  • Deal with customary law cases; informal procedure; litigants do not have legal representation; jurisdiction limited to disputes of customary law within the court area; judgments can be appealed to the Magistrates’ Court.

Inferior Courts: Magistrates’ Court

  • Two levels: District Magistrates’ Court and Regional Magistrates’ Court.
  • District Magistrates’ Court: civil claims up to R200{,}000; cannot hear divorce, adoption, matters relating to a person’s sanity or will interpretation; can sentence up to 3 years per offense.
  • Regional Magistrates’ Court: civil claims up to R400{,}000; can hear divorce; all criminal matters except treason; can sentence to life imprisonment or a fine per offense.
  • Magistrates’ Courts do not create binding precedent; must follow decisions of High Courts, the SCA, and the Constitutional Court within their jurisdiction.

Superior Courts

  • Include: Constitutional Court, Supreme Court of Appeal (SCA), High Courts, and Special Courts; only superior courts create judicial precedent; hear the most serious cases.

Superior Courts: High Courts

  • Presiding officers: Judges, including a Judge President; jurisdiction extends over the province; inherent jurisdiction to hear criminal and civil matters of any value; can review inferior court decisions; may hear certain constitutional matters (subject to Constitutional Court confirmation).
  • Divisions are provincial or local; local divisions generally cannot hear appeals; High Court decisions within a province are binding on that province’s courts; decisions from other provinces are persuasive, not binding.
  • Size affects the weight of precedent (larger courts carry more weight).

Superior Courts: Special Courts

  • Same level as the High Courts; create judicial precedent for themselves; specialised caseloads.
  • Examples: Labour Court, Income Tax Special Court, Water Court, Children's Court, Equality Court, Electoral Court.

Superior Courts: Supreme Court of Appeal (SCA)

  • Highest court for non-constitutional matters; appellate court only; hears non-constitutional civil or criminal appeals from lower courts; can interpret statutes and develop the common law.
  • Bound by Constitutional Court decisions; bound by its own prior decisions; not a court of first instance; constitutional matters fall under the Constitutional Court.

Superior Courts: Constitutional Court

  • Located in Braamfontein, Johannesburg; highest court for constitutional matters; interprets, protects and enforces the Constitution; can invalidate legislation and order corrections to Parliament or organs of state.
  • Decisions binding on all other courts; nine justices, the Deputy Chief Justice and Chief Justice.

Latin Terms Related to Precedent

  • Stare Decisis: doctrine of precedent; do not disturb settled points of law.
  • Ratio Decidendi: underlying legal principles or rules that form the core reasoning of a decision.