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The magistrates' courts are the lowest level of the court system in South Africa.They are the courts of first instance for most criminal cases except for the most serious crimes, and for civil cases where the value of the claim is below a fixed monetary limit.
The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act [2] and Rules, [3] the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, [4] jurisprudence, court practice rules and other legislation.
They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa. Despite South Africa's division into nine provinces, the country has a single national court system. The courts are funded and supported by the national Department of Justice and Constitutional Development.
There are a large number and variety of statutes in South Africa—including Acts, ordinances, proclamations, by-laws, rules and regulations. [ 2 ] [ 7 ] As of 1993, statute law is to be found on all three levels of government ( national , provincial and local ), and as such affects every governmental sphere, and although generally referred to ...
The Judiciary Agency overview Formed 1909 Constitution - 1909 ; 116 years ago (1909) 1996 Constitution - 1996 ; 29 years ago (1996) Jurisdiction Government of South Africa Headquarters 188, 14th Road, Noordwyk, Midrand Agency executive Mandisa Maya, Chief Justice of the Republic of South Africa Key documents Chapter 8 of the Constitution Judicial Service Commission Act, 1994 Website judiciary ...
The system of automatic review of certain cases in the magistrate's court is unique to South Africa and goes back a long way. It is intended to protect an undefended accused against unjustified convictions and sentences imposed by magistrates. [358] In terms of section 302, the following cases go on automatic review:
Magistrate's Court of Jersey; Magistrates' Court (Kenya) District Court (New Zealand), replaced magistrate's courts in 1980; Magistrate's court (Russia) Magistrate's court (South Africa) Magistrate's court (Sri Lanka) Magistrate court (West Virginia)
When the current Constitution of South Africa came into force in 1997 the Transvaal and Witwatersrand Divisions of the Supreme Court of South Africa and the Supreme Courts of Bophuthatswana and Venda all became High Courts. In 2001 some districts in North West were removed from the jurisdiction of the Transvaal Division and placed under the ...