JURISDICTION

Question 1

CONSTITUTIONAL COURT

Answer 1

IT IS THE HIGHEST COURT IN ALL MATTERS

Question 2

CONSTITUTIONAL COURT HAS EXCLUSIVE JURISDICTION??

Answer 2

1) Disputes between national or provincial organs of state concerning the Constitutional status, powers or functions of any of those organs of state
2) Constitutionality of any parliamentary or provincial bill
3) Applications for a provincial or parliamentary act to be declared unconstitutional in terms of section 80 or section 122 of the constitution
4) the constitutionality of any amendment of the constitution
5) decision that Parliament or president has failed to fulfil their constitutional obligations

Question 3

SUPREME COURT OF APPEAL

Answer 3

IS AN APPEAL COURT ONLY

THEIR DECISION IS ENTIRELY UPON THE RECORD OF THE COURT A QUO’S PROCEEDINGS

Question 4

HIGH COURT

Answer 4

Only one high court with nine divisions
-usually receives civil cases with a claim higher than R400 000 of the magistrates court
-deals with murder, rape, treason
-The High Court acts as an appeal court when:
a Magistrate’s Court’s judgment is being appealed against; or
a single judge in the High Court’s judgment is appealed against to a full bench of the High Court.

Question 5

MAGISTRATES COURT

Answer 5

DIVIDED INTO 2:

DISTRICT AND REGIONAL

Question 6

REGIONAL COURT

Answer 6

• cannot order more than 15 years
• cannot order more than R600 000

BUT CAN IMPOSE BOTH

Question 7

DISTRICT COURT

Answer 7

-not more than R200 000

Question 8

OTHER SUPERIOR COURTS

Answer 8

LABOUR COURT- (same level as HC)
-it deals with employment issues

LABOUR APPEAL COURT
-court of appeal fro decisions made at Labour Court

land Claims Court
- decides land claims and it is a court of record

TAX COURTS
COMPETITION APPEAL COURT
ELECTORAL COURT- deals with matters relating to the Electoral Commission

Question 9

SMALL CLAIMS COURT

Answer 9

-resolves civil claims up to R15 000 and concerns only natural persons