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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 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.
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 ...
In Fedsure v Greater Johannesburg, [30] the court held that, although the detailed powers and functions of local governments have to be determined by the laws of a competent authority, this does not mean that the powers they exercise are "delegated." Nor does it prevent those powers from being regarded as "original" and not "delegated."
Separate rules apply for statements qualifying as confessions. [8] The Constitution, in section 35(1)(c), may well provide an opportunity for courts to overrule the arbitrary distinction previously made between the admissibility of confessions and the admissibility of admissions. See S v Orrie and S v Molimi.
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 Criminal Procedure Act, 1977 lists four methods of securing the attendance of an accused person in court. [4] These bear an important relationship to the constitutional rights of freedom and security of the person, [5] of freedom of movement and residence, [6] of access to the courts [7] and of "arrested, detained and accused persons."
Only a Provincial Division, or a Local Division of the High Court, may adjudicate on an insolvency matter. (In certain instances, though, a Magistrate's Court has jurisdiction, such as in prosecutions for criminal offences under the Act.) In terms of section 149, a court has jurisdiction “over a debtor and in regard to the estate of a debtor”