Chapter 2 - Structure and officers of the court Flashcards
(26 cards)
What is stare decisis ?
The decisions of higher courts bind lower courts.
What does Section 167(3) of the Constitution provide ?
- Constitutional Court is the highest court in all matters.
- It may adjudicate on constitutional matters and any other matter if it raises an arguable point of law of general public importance.
- It is the final decision-maker on whether a matter falls within its jurisdiction.
What does Section 13 of the Superior Courts Act establish regarding the quorum in the Supreme Court of Appeal ?
- Appeals are generally heard by five judges.
- The majority decision is passed by the court.
- If a judge is absent or unable to continue, the remaining judges may proceed.
- If no majority decision is reached, the matter starts over before a new court.
What are the divisions of the High Court ?
- Gauteng Division: Pretoria (GP), Johannesburg (GJ).
- KwaZulu-Natal Division: Pietermaritzburg (KZP), Durban (KZD).
- Free State Division: Bloemfontein (FB).
- Western Cape Division: Cape Town (WCC).
What are the jurisdictional limits of Magistrates’ Courts in civil matters ?
- District Court: R0 – R200,000.
- Regional Court: R200,001 – R400,000.
What was a significant development regarding the Regional Magistrates’ Court after 2010?
It now has civil jurisdiction, including divorce cases.
What establishes the Labour Court ?
Section 151 of the Labour Relations Act (LRA).
What is the function of the Labour Appeal Court ?
It is the final court of appeal in matters within its exclusive jurisdiction, with the same status as the Supreme Court of Appeal (SCA).
When was the Land Court established, and under which Act ?
Established in 2023 under the Land Court Act.
What matters does the Land Court have exclusive jurisdiction over ?
- Restitution of land rights.
- Compensation for land dispossession.
- Title disputes.
- Interpretation of land reform laws.
What Act governs the Special Income Tax Court ?
Tax Administration Act.
Who composes the Special Income Tax Court ?
- A High Court judge.
- An accountant with at least 10 years of experience.
- A commercial business representative.
What are the functions of the Competition Appeal Court ?
Investigation, control, and evaluation of:
- Restrictive practices.
- Abuse of dominant market positions.
- Mergers.
Can a decision from the Competition Appeal Court be appealed to the SCA ?
No.
What is the function of the Electoral Court ?
Reviews and hears appeals on decisions of the Electoral Commission.
Where can a consumer go to resolve a dispute ?
Ombud, National Consumer Tribunal, National Consumer Commission, alternative dispute resolution agent, Consumer Court, or civil courts.
What happened to the former Divorce Court ?
It was absorbed into the Magistrates’ Courts of the Regional Division.
What does Section 42 of the Children’s Act provide ?
Every Magistrates’ Court is a Children’s Court with jurisdiction over child welfare matters.
What is the function of the Maintenance Court ?
Assists applicants in obtaining and enforcing maintenance orders.
What level of the court system handles maintenance cases ?
District Magistrate’s Court.
Who may preside over the Equality Court ?
A judge or magistrate who has received special training.
How are judges appointed ?
Judges are appointed by the President on advice from the Judicial Services Commission.
What does Section 14 of the Judicial Service Commission Act provide for ?
It provides for a Judicial Conduct Committee to handle complaints against judges and establishes a Code of Judicial Conduct.
What is the role of the Registrar of the High Court ?
The registrar is the chief of the administrative court staff in a division or a local seat of a division of the High Court.
