HIERARCHY OF THE LAW & COURTS

Question 1

THE HIERARCHY OF THE LAW

Answer 1

the Constitution is the apex codified law, followed by national, provincial & local legislation along with the reference of the uncodified common law

Question 2

CONSTITUTIONAL COURT

Answer 2

it is the highest court in S.A that sits at JHB & hears constitutional matters only as it binds all courts in S.A

Question 3

SUPREME COURT OF APPEAL

Answer 3

second highest court in Bloem & binds all S.A courts but not C.C
it hears matters from High Court that need to be reassigned

Question 4

HIGH COURTS

Answer 4

each province has its own High Court & has own jurisdiction as they need warrant to be involved in other provinces matters

it hears matters on appeal from Magistrate Courts

it has one or two judges & can consider similar judgements of similar size courts

Question 5

MAGISTRATES COURTS

Answer 5

these are the lower division courts & don’t have precedence as it follows decisions of the High Court of its own province

Question 6

SMALL CLAIMS COURT

Answer 6

resolves small civil cases for claims under R20 000 & one doesn’t need a lawyer there
failure to comply leads to Magistrates’ court