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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.
Chapter 8 of the Constitution of South Africa defines the structure of the South African judicial system. [3] This chapter also guarantees the independence of the courts and requires other organs of the state to assist and protect the courts in order to ensure their "independence, impartiality, dignity, accessibility and effectiveness".
The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995.
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 ...
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 registrar keeps all the official court documents. The family advocate must be consulted on all matters involving children, as the High Court is the "upper guardian" of all children in South Africa. The Master of the High Court keeps all the records relating to people's estates (whether they are deceased or insolvent).
The International Court of Justice (ICJ), the highest judicial body of the United Nations, held public hearings earlier this month in the case South Africa brought against Israel at the end of 2023.
The South African court system comprises the lower courts, including indigenous courts, and other judicial and quasi-judicial bodies established by legislation; the superior courts, which the Superior Courts Act defines as the Constitutional Court, the Supreme Court of Appeal, and the High Courts; [4] and special courts such as the Small Claims ...