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The registrar keeps all the official court documents. The family advocate must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent).
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
The Superior Courts Act, 2013 (Act No. 10 of 2013) is an act of the Parliament of South Africa that restructured the court system.It reorganised the various High Courts into a single High Court of South Africa, with a division situated in each province, including two new divisions to serve Limpopo and Mpumalanga.
South Africa is divided into magisterial districts, each of which is served by a district magistrate's court and in some cases also branch courts or periodical courts. Districts are grouped together into regional divisions served by a regional court, which hears more serious cases.
The provincial divisions of the High Court of South Africa have general jurisdiction over their defined areas. They hear appeals from the magistrates' courts within their area, and act as a court of first instance for cases outside the jurisdiction of the magistrates' courts. The present divisions of the High Court are:
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law. There is no all-embracing statute governing the South African law of aspects: Various statutes govern various aspects of it, but the common law is the main source. The Constitution also features prominently.
Although both attorneys and advocates may appear in the High Court of South Africa, [8] they will 'brief' an advocate when specialist litigation is required. The split between attorney and advocate in South Africa mirrors the split between solicitor and barrister in other Commonwealth countries, with attorneys having broadly equivalent roles to ...