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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 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 procedure in the magistrates' courts is different from that in the High Court, because the provisions of Rule 55 of the Magistrates' Courts Rules differ from those of Rule 6 of the Uniform Rules of the High Court. In the magistrates' courts, two notices contained in two separate documents are not required. One will suffice as long as: the ...
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 ...
Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd [1] is an important case in South African law, particularly in the area of civil procedure and trade marks.. This appeal from a decision in the Cape Provincial Division was heard in the Appellate Division by Corbett JA, Miller JA, Nicholas JA, Galgut AJA and Howard AJA on February 27, 1984, with judgment handed down on May 21, 1984.
The Judiciary Agency overview Formed 1909 Constitution - 1909 ; 115 years ago (1909) 1996 Constitution - 1996 ; 28 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 façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.
In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa.It includes the jurisdiction of the Constitutional Court of South Africa, the High Court of South Africa, the Supreme Court of Appeal of South Africa, and certain other specialist courts.