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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 provincial divisions of the High Court of South Africa have general jurisdiction over their defined areas. They hear appeals from the magistrates' courts within their area, and act as a court of first instance for cases outside the jurisdiction of the magistrates' courts. The present divisions of the High Court are:
The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country. [2]
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.
Magistrates' court (Hong Kong) District Court (Ireland), the main court of summary jurisdiction in Ireland; Magistrate's courts of Israel; Magistrate's Court of Jersey; Magistrates' Court (Kenya) District Court (New Zealand), replaced magistrate's courts in 1980; Magistrate's court (Russia) Magistrate's court (South Africa) Magistrate's court ...
The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act [2] and Rules, [3] the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, [4] jurisprudence, court practice rules and other legislation.
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 Government of South Africa, or South African Government, ... Magistrates' Courts – The court where civil cases involving less than R100 000, cases.