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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in South Africa are to be found in the Magistrates' Courts Act [2] and Rules, [3] the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, [4] jurisprudence, court practice rules and other legislation.
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:
In the post-apartheid period, the Superior Courts Act, 2013, which repealed the Supreme Court Act, preserved the power of divisions of the High Court of South Africa to review the proceedings of all magistrate's courts within their jurisdiction (a slightly narrower power than the earlier power applying to "all inferior courts"). [36]
In terms of the procedure adopted in the Magistrates’ Courts, there is a distinction between emoluments attachment orders (which relate to the attachment of the salary or wages owing or accruing to the judgment debtor by a third party), and garnishee orders (which relate to the attachment of all the other kinds of debts which may be owed to ...
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:
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 ...
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...