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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-11-01
We take a "virtual" tour of all the different courts and in South Africa.

Source: Department of Justice 
The Constitutional Court is the highest court in South Africa, which looks at all constitutional matters. It came into effect following the country's first democratic Constitution in 1994. ?The Constitutional Court only makes decisions about issues that have to do with the Constitution. It is also the highest court in the land since its decisions cannot be changed by any other court.

If you are not satisfied with what the High Court has decided, you can approach the Constitutional Court only if the matter has to do with constitutional issues. Normal appeal matters are however dealt with at the Supreme Court of Appeal.

The Supreme Court of Appeal is based in Bloemfontein in the Free State. Except for the Constitutional Court, The Supreme Court of Appeal is the highest court in South Africa and it only deals with cases sent to it from the High Court.

Except for the Constitutional Court, no other court can change a decision of the Supreme Court of Appeal. Only the Supreme Court of Appeal can change one of its own decisions. Three to five judges listen and decide on all cases of the Supreme Court of Appeal. The final decision of the Supreme Court of Appeal is the one supported by most of the judges listening to the case.

Then there are High Courts which used to be called "The Supreme Courts". Cases of the High Court are listened to by one judge, meaning a person with many years of practical experience. But if it is a case on appeal, then at least two judges must hear the case. Sometimes if the case is about a very serious crime then a judge and two experienced people in law who are usually advocates or magistrates who have retired, will listen to the case. The two people are called assessors. Even if there are assessors, the judge does not have to listen to what they believe, but they usually help the judge make a decision. Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance.