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The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest court of appeal in South Africa below the Constitutional Court.The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in all matters by 2013.
The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. [3]
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.
The court sits in Bloemfontein; the chief judge is called the President of the Supreme Court of Appeal. It has its origin in the Appellate Division of the Supreme Court of South Africa, which was established by the South Africa Act at the formation of the Union of South Africa.
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 ...
Standard Bank of South Africa Ltd v Saunderson and Others is an important case in South African property law and civil procedure.It was heard in the Supreme Court of Appeal on 23 November 2005 and decided on 15 December 2005.
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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 ...