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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.
South Africa is divided into approximately 350 magisterial districts; each district is served by a district magistrate's court. In criminal cases, district courts have jurisdiction over all crimes except treason, murder and rape, and can impose a sentence of no more than three years imprisonment and a fine of no more than R120,000. [2]
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 ...
In the post-apartheid period, the Superior Courts Act, 2013, which repealed the Supreme Court Act, preserved the power of divisions of the High Court of South Africa to review the proceedings of all magistrate's courts within their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]
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 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 Magistrates' Courts Rules compel a procedure differing from that in the High Court of South Africa. However, in a judgment written by Judge of Appeal Ronnie Bosielo, the Supreme Court found that, as long as the notice achieves the general purpose contemplated by the PIE and the Magistrates' Courts Rules, [1] the fact that the notice does ...
The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013.
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