Magistrate Court

Question 1

General Jurisdiction

Answer 1

• called ‘Creatures of Statute’ as they can only do what legislation specifically allows them to do.
• deals with criminal and civil matters.

Question 2

1. Regional Magistrate Court

Answer 2

• before 2010, only dealt with criminal matters.
• Jurisdiction is limited to (1) Civil Matters: family disputes, property, credit agreements. and (2) Criminal matters excluding treason.
• penal jurisdiction is limited by statute: (1) Civil: cannot impose a fine of more than R600 000 and (2) Criminal: cannot impose a prison sentence of more than 15 years which may be reduced to 10 years in future.

Question 3

2. District Magistrate Court

Answer 3

• A court may not impose a sentence of more than 3 years or a fine of more than R200 000.
• functions simultaneously as a children’s court and as a maintenance court.
• Jurisdiction is limited to all civil matters excluding (1) Validity/ interpretation of a will, (2) Status of persons mental capacity, (3) Specific performance unless an alternate payment of damages, (4) a decree of perpetual silence.
• Jurisdiction is limited to all criminal matters except treason, murder and rape.