Constitutional Court

The Constitutional Court is the highest court in all matters.

Section 167 of the Constitution of the Republic of South Africa, 1996 provides as follows:

“(1)  The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.

(2)   A matter before the Constitutional Court must be heard by at least eight judges.

(3)   The Constitutional Court-

(a)    is the highest court of the Republic; and

(b)   may decide-

(i)    constitutional matters; and

(ii)   any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court; and

(c)    makes the final decision whether a matter is within its jurisdiction.

(4)   Only the Constitutional Court may-

(a)    decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state;

(b)   decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121;

(c)    decide applications envisaged in section 80 or 122;

(d)   decide on the constitutionality of any amendment to the Constitution;

(e)    decide that Parliament or the President has failed to fulfil a constitutional obligation; or

(f)    certify a provincial constitution in terms of section 144.

(5)   The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any force.

(6)   National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court-

(a)    to bring a matter directly to the Constitutional Court; or

(b)   to appeal directly to the Constitutional Court from any other court.

(7)   A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.”

Supreme Court of Appeal

The Supreme Court of Appeal exercises general appellate jurisdiction, save in respect of certain labour and competition matters, and is the second highest court in South Africa. ‘In many areas its judgments are definitive of South African law.’[1]

Section 168 of the Constitution of the Republic of South Africa, 1996 provides that:

 “(1) The Supreme Court of Appeal consists of a President, a Deputy President and the number of judges of appeal determined in terms an Act of Parliament.

(2) A matter before the Supreme Court of Appeal must be decided by the number of judges determined in terms of an Act of Parliament.

(3)(a) The Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, except in respect of labour or competition matters to such extent as may be determined by an Act of Parliament.

(b) The Supreme Court of Appeal may decide only-

(i)   appeals;

(ii)   issues connected with appeals; and

(iii)   any other matter that may be referred to it in circumstances defined by an Act of Parliament.”

High Courts

Section 169 of the Constitution of the Republic of South Africa, 1996 provides as follows regarding High Courts:

 “(1) The High Court of South Africa may decide-

(a)   any constitutional matter except a matter that-

(i)   the Constitutional Court has agreed to hear directly in terms of section 167 (6) (a); or

(ii)   is assigned by an Act of Parliament to another court of a status similar to the High Court of South Africa; and

(b)   any other matter not assigned to another court by an Act of Parliament.

(2) The High Court of South Africa consists of the Divisions determined by an Act of Parliament, which Act must provide for-

(a)   the establishing of Divisions, with one or more seats in a Division; and

(b)   the assigning of jurisdiction to a Division or a seat within a Division.

(3) Each Division of the High Court of South Africa-

(a)   has a Judge President;

(b)   may have one or more Deputy Judges President; and

(c)   has the number of other judges determined in terms of national legislation.”

High Courts are divided into provincial divisions, with general jurisdiction over their respective geographical areas. *[2]

• Eastern Cape Division, with its main seat in Grahamstown.
• Free State Division, with its main seat in Bloemfontein.
• Gauteng Division, with its main seat in Pretoria.
• KwaZulu-Natal Division, with its main seat in Pietermaritzburg.
• Limpopo Division, with its main seat in Polokwane.
• Mpumalanga Division, with its main seat in Mbombela.
• Northern Cape Division, with its main seat in Kimberley.
• North West Division, with its main seat in Mahikeng.
• Western Cape Division, with its main seat in Cape Town.

Circuit Courts – Part of the High Court system, serving more rural areas.

*[2] See Section 21 of the Superior Courts Act 10 of 2013 regarding persons over whom and matters in relation to which High Court Divisions have jurisdiction