UNIT 2: THE SOUTH AFRICAN COURT SYSTEM AND ITS HIERARCHY

{These notes are designed to assist students in making sense of the content of the
discussions had in class as well as to help with understanding important concepts.
This summary is not a complete set of notes and students must supplement this
summary with their own reading from the recommended textbooks and lecture slides.}

Introduction

South Africa has a hierarchal court structure. This means that courts higher up on the
hierarchy have greater jurisdiction whereas courts with less jurisdiction are lower on
the hierarchy.

The Constitutional Court is at the top of the hierarchy with the greatest jurisdictional
powers, followed by the Supreme Court of Appeal and thereafter the High Court.
These three make up the so-called ‘Superior Courts’.

The ‘Lower Courts’ that fall below them on the hierarchy consist of the Magistrate’s
Courts. The Regional Magistrate’s Court has greater jurisdiction and is therefore,
above the District Magistrate’s Court which is at the bottom of the hierarchy.

1. Constitutional Court:

The Constitutional Court is the highest court in the Republic. It has the power to hear
cases related to a variety of matters that include those that affect constitutional rights
and other matters that are of public interest. All other courts must follow the decisions
of the Constitutional Court. For example, the Constitutional Court says the death
penalty is unconstitutional because it goes against a person’s right to life, no other
court can sentence anyone to death.

The Constitutional Court is made up of a Chief Justice, a Deputy Chief Justice and
nine other justices. The justices can only serve for a period of eleven years or until
they turn 70 years of age (whichever occurs first). The Constitutional Court is situated
in Braamfontein, Johannesburg in the province of Gauteng. More specifically, it is
situated on Constitutional Hill (formerly a site of the Old Fort Prison that has now been
turned into a museum).
What Cases Can Go to the Constitutional Court?

There are certain cases that only the Constitutional Court can make decisions about
(exclusive jurisdiction). Some of these cases include:

• Disputes over constitutional matters between government bodies and between

different levels of government, for example, between a national and a provincial
body.
• Whether laws passed (or about to be passed) by parliament or provincial
governments go against the Constitution.
• If any conduct of the President (or any member of the executive) goes against
the Constitution.

Cases about Unconstitutional Conduct or Law

Any court can hear a case about the Constitution, including cases about abuses of
rights. Courts can do the following:

• declare a law unconstitutional,

• stop any conduct which is unconstitutional, and/or
• give the body which made the law time to change the law.

Although, the Supreme Court of Appeal and the High Courts can make orders about
the unconstitutionality of a law, these courts can only provide 'temporary relief' until
the case goes to the Constitutional Court. Only the Constitutional Court can confirm
that it is unconstitutional and therefore invalid.

Who Can Take a Case to the Constitutional Court?

Anyone who has an interest – direct or indirect – in a dispute can take a case to the
Constitutional Court either by way of appeal or (if possible) directly. See section 34 &
38 of the Constitution.

How to Take a Case to the Constitutional Court

Anyone who wants to bring a case to the Constitutional Court must usually start in the
lower or superior courts. In certain cases, the state will provide Legal Aid. A High Court
that has the powers to do so will hear the case and decide on an outcome. The person
may appeal a decision of a court if they are unhappy with the outcome. Dependant on
the rules of procedure, the case may go directly to the Constitutional Court or any
other court before finding its way to the apex court.

Proceedings in the Constitutional Court

The Constitution states that at least 8 judges must hear any case that goes to the
Constitutional Court. Decisions of the Court are reached by a majority vote of the
judges hearing a case. The Constitutional Court works with written arguments
presented by both parties to a dispute. In other words, each party writes down its
argument and submits this to the Court.1 In Court, the justices will listen to the
arguments of each party but they do not hear evidence or question witnesses. They
make their decisions based on the written arguments. These oral arguments are
meant to provide clarity or expand on issues that the justices deem necessary.

The Constitutional Court does not decide directly whether an accused person is guilty
or whether damages should be awarded. The ordinary courts will decide this. The
Constitutional Court has to decide on the meaning of the Constitution in relation to a
dispute. The Court has to interpret the relevant section in the Constitution and see
how it applies to the case. Sessions of the Constitutional Court are open to the public
and press.

Example of a Constitutional Court Cases

Soobramoney v Minister of Health (Kwazulu-Natal) 1998 (1) SA 765 (CC)

In a real case that went to the Constitutional Court, Mr Soobramoney was a diabetic
who suffered from heart disease and kidney failure. He applied to a state hospital for
special treatment involving the use of a very expensive machine. Because of the
shortage of machines and staff, the hospital only admitted patients who could be
cured, or those who needed a kidney transplant. Mr Soobramoney did not fit either of
these two categories. He was told that he did not qualify for the treatment.

He applied to the Durban High Court claiming that he had a right to receive treatment
from the hospital because:

1
These written arguments are known as ‘Heads of Argument’.
• Section 27 of the Bill of Rights says no one can be refused emergency medical
treatment; and

• Section 11 says he has a right to life.

The High Court turned down his application. Mr Soobramoney appealed to the
Constitutional Court. The Court said his case was not an emergency that would allow
him to receive emergency medical treatment. It also said that even though Mr
Soobramoney had the right to have access to health care, the state only had to provide
what it could afford. In this case the state could not afford to give him the treatment.
The Court turned down the appeal.

2. The Supreme Court of Appeal

Supreme Court of Appeal of South Africa (abbreviated as SCA) is the successor to the
Appellate Division (AD). which was first established in 1910 when the Union of South
Africa was created. The name of the court was changed on the adoption of the
Constitution in 1996.

The Supreme Court of Appeal is – except in respect of certain labour and competition
matters – the second highest court in South Africa. Previously the SCA and the
Constitutional Court were both ‘apex courts’ with different areas of jurisdiction.
However, due to the extension of the Constitutional Court’s jurisdiction in 2013, the
Constitutional Court has been the highest court in all matters.

The Supreme Court of Appeal's position in the justice system

In terms of the Constitution, the Supreme Court of Appeal: -

• may decide any matter, except certain labour and competition matters; but
• is purely an appeal court, and it may decide only appeals and issues
connected with appeals.

The Supreme Court of Appeal may make an order concerning the constitutional
validity of an Act of Parliament, a provincial Act or any conduct of the President, but
an order of constitutional invalidity has no force unless it is confirmed by the
Constitutional Court.
The Composition, Authority and Jurisdiction of the Court

The Supreme Court of Appeal consists of a President, Deputy President and a number
of judges of appeal determined by an Act of Parliament.

The Supreme Court of Appeal has jurisdiction to hear and determine an appeal against
any decision of the High Court. Decisions of the SCA are binding on all lower courts,
and the decisions of the High Court are binding on Magistrates' Courts within the
respective areas of jurisdiction of the relevant Division of the High Court.

The most senior judge of the Supreme Court of Appeal is the President of the Court.
In the pre-Constitutional era, its most senior judge was the Chief Justice of the country.
However, this title now belongs to the head of the Constitutional Court.

The location of the Supreme Court of Appeal is in Bloemfontein in the Free State
Province. However, provision exists for a session of the Court to be held at another
place when it is expedient or in the interests of justice. The Court’s jurisdiction extends
throughout the Republic and its judgments and orders must be executed in any area.

The Court generally sits in panels of three or five judges, depending on the nature of
the appeal. The composition of the panels differs for each case. The senior judge on
each panel presides in that case. There may be more than one judgment in a case if
there is a difference of opinion. The decision of the majority is the decision of the Court.

Appointment of Judges of Appeal

Judges of the Supreme Court of Appeal (referred to as Judges of Appeal) are

appointed by the President of the Republic on the advice of the Judicial Service
Commission. The President and Deputy President of the Supreme Court of Appeal
are appointed by the President after consulting the Judicial Service Commission.
Anyone who is appropriately qualified and is a fit and proper person may be appointed
as a judge. By convention, judges of the Court are appointed from the ranks of High
Court judges. The need for the judiciary to reflect broadly the racial and gender
composition of the country must be considered when judicial officers are appointed.

Procedure before the Court

The Court decides cases upon the record of the proceedings before the lower court
and after considering the written and oral arguments presented. Witnesses do not
appear before the court, and the parties need not be present during the hearing of an
appeal. A written judgment is usually handed down shortly after the argument.

The Court hears appeals on fact and since there are no jury trials, it has a relatively
wide discretion to make its own factual findings. Because of this jurisdiction, judges
have to read the record of the full proceedings in the lower courts. Typically, each
judge is allocated cases with about 30 000 pages of evidence and exhibits per year.
In addition, each judge is allocated petitions for leave to appeal.

Appeals in the Constitutional Court and the Supreme Court of Appeal

Civil Appeals: There is no right of appeal to the Supreme Court of Appeal. Leave to
appeal is required. When the appeal is against the decision of the High Court on
appeal to it, special leave of the Supreme Court of Appeal is required. In all other
cases of an appeal against a decision of the High Court, whether sitting as a court of
first instance or as a court of appeal, leave of that court is required to appeal to the
Supreme Court of Appeal. Should leave be refused, an application for leave may be
made to the Supreme Court of Appeal. Where the High Court, sitting as a court of first
instance, in granting leave to appeal is not satisfied that the appeal requires the
attention of the Supreme Court of Appeal, it must grant leave to appeal to the full court.
Such a direction may be set aside by the Supreme Court of Appeal.

Criminal Appeals: The Supreme Court of Appeal is the court of appeal in respect of
appeals and questions of law reserved in connection with criminal cases heard by the
High Court, except in cases where a court granting leave to appeal is satisfied that the
appeal does not require the attention of the Supreme Court of Appeal. In such cases
it directs that the appeal be heard by a full court. There is no automatic right to appeal,
but leave to appeal is required of the court of first instance. If the intended appeal is
against the decision of a full court, special leave to appeal to the Supreme Court of
Appeal is required. If a special entry of an irregularity or illegality in the proceedings is
made on the record, the person convicted has a right to appeal to the Supreme Court
of Appeal. Questions of law arising in the High Court may be reserved by that court or
at the behest of the State or the accused for consideration by the Supreme Court of
Appeal. The Director of Public Prosecutions may appeal to the Supreme Court of
Appeal against the sentence imposed on an accused by the High Court, but requires
leave in accordance with the relevant legislation. The Director may also be given leave
to appeal on questions of law decided by the High Court.

Referral by Minister: Whenever the Minister for Justice and Constitutional

Development has any doubt as to the correctness of a decision by the High Court in a
criminal case on a question of law, or whenever a decision in a criminal case on a
question of law is given in any Division of the High Court which is in conflict with a
decision given by another Division of the High Court, the Minister may submit the
decision or the conflicting decisions to the Supreme Court of Appeal and cause the
matter to be argued before that court in order that it may settle the matter. Whenever
there are conflicting decisions on civil matters in different Divisions of the High Court,
the Minister for Justice and Constitutional Development may submit the question to
the Chief Justice, who must cause the matter to be argued before the Constitutional
Court or the Supreme Court of Appeal to settle the matter.

3. The High Courts

The High Court’s listen to and decide on any case which extends beyond the
jurisdiction of the Magistrate’s Court or when a legal subject goes to the High Court
looking to change a decision of a Magistrate’s Court (appeal).

Cases in the High Court are presided over by one judge. But if it is a case on appeal,
then at least two judges must hear the case (sometimes three judges).

Sometimes if the case is of a serious and complex nature 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.

The High Court divisions have “jurisdiction” – the right to hear a case – over defined
provincial areas in which they are situated, and the decisions of the High Courts are
binding on Magistrate’s Courts within their areas of jurisdiction. They usually only hear
civil matters involving more than R400 000, and serious criminal cases. They also hear
any appeals or reviews from lower courts (Magistrates’ courts) which fall in their
geographical jurisdiction. The High Court usually hears any matter involving a person’s
status (for example, adoption, insolvency etc.).

Divisions of the High Court

Chapter 8 of the Constitution outlines the hierarchy and the different jurisdictions that
the different courts have. These courts have their own abbreviations which are used
in citations and court documents. As stated above, the abbreviation for the highest in
the land – Constitutional Court – is CC, for the Supreme Court of Appeal is the SCA.
The general abbreviation used for High Court is HC. However, because the High Court
has different local and provincial divisions there are other further abbreviations which
will tell us which specific High Court we are talking about. Below is a list of some of
the courts and their abbreviations. The brackets contain the name of the court before
they were renamed in the mid to late 2000s.

There are at the moment fourteen provincial divisions of the High Court. The present
fourteen provincial divisions of the High Court are situated in:

Eastern Cape High Court, Bhisho – ECB (Ciskei High Court)

Eastern Cape High Court, Grahamstown – ECG (Eastern Cape Provincial Division)

Eastern Cape High Court, Mthatha – ECM (Transkei High Court)

Eastern Cape High Court, Port Elizabeth – ECP (South Eastern Cape Local Division)

Free State High Court, Bloemfontein – FB (Orange Free State Provincial Division)

KwaZulu-Natal High Court, Durban – KZD (Durban and Coast Local Division)

KwaZulu-Natal High Court, Pietermaritzburg – KZP (Natal Provincial Division)

South Gauteng High Court, Johannesburg – GSJ (Witwatersrand Local Division)

North Gauteng High Court, Pretoria – GNP (Transvaal Provincial Division)

Northern Cape High Court, Kimberley – NCK (Northern Cape Provincial Division)

North West High Court, Mafikeng – NWM (Bophuthatswana High Court)

Limpopo High Court, Thohoyandou – LT (Venda High Court)

Western Cape High Court, Cape Town – WCC (Cape Provincial Division)
• Limpopo High Court (Polokwane)

4. Specialised Court

Special Income Tax Courts:

The Special Income Tax Courts sit within provincial divisions of the High Court and
consists of a judge of the High Court assisted by an accountant of not less than 10
years’ standing, and a representative of the business community.

This court deals with any disputes between a taxpayer and the South African Revenue
Service, where the dispute involves an income tax assessment of more than R100
000. Appeals against its decisions are made directly to the Supreme Court of Appeal.
Tax disputes involving an assessment of less than R100 000 go to the Tax Board. The
Tax Board is chaired by an attorney, advocate or accountant who works in the private
sector and is specifically appointed by the President to assist as chairman of the
Board. You can contact the Special Income Tax Court through the High Court and the
Tax Board through the South African Revenue Service.

Labour Courts and Labour Appeal Courts:

At present there also exist Labour Courts and Labour Appeal Courts. The Labour
Courts have the same status as a High Court. The Labour Courts adjudicates matters
relating to labour disputes between an employer and employee. It is mainly guided by
the Labour Relations Act which deals with matters such as unfair labour practices for
example dismissing an employee without giving notice. The Labour Court can order
an employer or employee or union to stop committing an unfair labour practice. It can
give jobs back to employees who have lost their jobs unfairly, and so on. The Labour
Appeal Court hears appeals against decisions in the Labour Court and this is the
highest court for labour appeals.

Divorce Courts:

Previously there were three stand-alone Divorce Courts (Central, North Eastern and
the Southern Divorce Court) which heard divorce related matters exclusively. These
courts were integrated into the Regional Civil Jurisdiction by the Jurisdiction of
Regional Courts Amendment Act, 2008 (Act 31 of 2008). There is now concurrent
jurisdiction between with the 63 Regional seats and their relevant High Courts. This
initiative facilitates greater access to courts to hear divorce matters and the parties
can now choose the court that is closest to the area where they live to initiate divorce
related matters.

Land Claims Court:

The Land Claims Court specialises in dealing with disputes that arise out of laws that
underpin South Africa’s land reform initiative. These include the Restitution of Land
Rights Act, 1994, the Land Reform (Labour Tenants) Act, 1996 and the Extension of
Security of Tenure Act, 1997. The Land Claims Court has the same status as the High
Courts. Any appeal against a decision of the Land Claims Court lies with the Supreme
Court of Appeal, and if appropriate, to the Constitutional Court. The Land Claims Court
can hold hearings in any part of the country if it thinks this will make it more accessible
and it can conduct its proceedings in an informal way if this is appropriate, although
its main office it in Randburg, Johannesburg.

The Water Tribunal:

The Water Tribunal is an independent body which has jurisdiction in all the provinces
and consists of a chairperson, a deputy chairperson, and additional members. It has
jurisdiction over water disputes. Members of the Water Tribunal must have knowledge
in law, engineering, water resource management or related fields of knowledge. They
are appointed by the Minister on the recommendation of the Judicial Service
Commission, the body which chooses judges. The Water Tribunal replaced the Water
Court in 1998. You can contact the Water Tribunal through the High Court.

Circuit Courts:

Circuit Courts are also part of the High Court. They are sit at least twice a year, moving
around to serve more rural areas. They can be contacted through the High Court.

What are circuit courts?

Circuit Courts are also part of the High Court. They are sit at least twice a year, moving
around to serve more rural areas. They can be contacted through the High Court.

Appeals: What can a person do if they are unhappy with a high court ruling?

• If a person is unhappy about a decision of a High Court, he or she can appeal to the
Constitutional Court if it is a matter of public interest, or the Supreme Court of Appeal
in any other matter.

How Justices and Judges of the Superior Courts are Chosen: The Judicial
Service Commission

The President consults the Judicial Services Commission and leaders of parties in the
National Assembly. The President then appoints the Chief Justice and Deputy Chief
Justice of the Constitutional Court, and the President and Deputy President of the
Supreme Court of Appeal.

• The Judicial Services Commission is made up of the following people:

• the Chief Justice

• the President of the Supreme Court of Appeal

• a Judge President of a High Court

• the Minister of Justice

• 2 advocates

• 2 attorneys

• a professor of law

• 4 members of the National Council of Provinces

• 4 people chosen by the President

5. Magistrates Courts
The magistrates' courts are the lowest level of the (common and civil law) court system
in South Africa. They are the courts of first instance for most criminal cases except for
the most serious crimes (types & sentences), and for civil cases where the value of
the claim is below a fixed monetary limit.

South Africa is divided into magisterial districts, each of which is served by a district
magistrate's court and in some cases also branch courts or periodical courts. Districts
are grouped together into regional divisions served by a regional court, which hears
more serious cases.

The Jurisdiction of Magistrates Courts

In criminal matters a district court has jurisdiction over all offences except treason,
sabotage, murder and rape, and a regional court has jurisdiction over all offences
except treason and sabotage.

A district court can impose a fine of not more than R120 000.00 or a prison sentence
of not more than 3 years, while a regional court can impose a fine of not more than
R600 000.00 or a prison sentence of not more than 15 years, except that for certain
offences a regional court can also impose a life sentence.

In civil matters a district court has jurisdiction where the value of the claim is R200
000.00 or less, while a regional court has jurisdiction where the value of the claim is
between R200 000.00 and R400 000.00.

A regional court also has jurisdiction over divorce and related family law matters.

Cases in which no magistrate's court has jurisdiction must be brought before the High
Court, which has the inherent jurisdiction to hear any case. The High Court also hears
appeals from the magistrates' courts, and cases in which the constitutionality of any
law or conduct of the President is brought into question.

The Appointment of Magistrate's and Composition of the Magistrates’

Commission

The Magistrate's Commission is a statutory body established in terms of the

Magistrate's Act 90 of 1993. The Commission is chaired by a judge, designated by the
President in consultation with the Chief Justice.
The objects of the Commission are amongst others, as follows:

• To promote continuous training of magistrates appointed in the Magistrates’

Courts [District and Regional Courts].
• To advise the Minister regarding the appointment of magistrates.
• To advise or to make recommendations to, or report to the Minister, for
information of Parliament regarding any matter which is of interest for the
independence in the dispensing of justice and the efficiency of the
administration of justice in the Magistrates’ Courts.
• To carry out investigations and make recommendations to the Minister
regarding the suspension and removal from office of magistrates.

The functions of the Magistrate's Commission are, in order to achieve its objects,
amongst others as follows:

• To carry out or cause to be carried out any investigation it deems necessary.

• To obtain access to official information or documents.
• To summon any person to appear before it for questioning or require from any
person a written explanation in respect of any matter falling within the ambit of
the Commission’s objects.
• Any conduct by a magistrate that is alleged to be improper may be reported to
the Judicial Head of the Court wherein the magistrate concerned presides.

Complaints Against Magistrates

A complaint against a magistrate must be reported by means of a written declaration

under oath or affirmation, specifying -

• the nature of the matter;

• the grounds on which an investigation is viewed necessary;

• the names of the magistrate, other persons involved and of any witnesses;

• the date and time of the incident(s), and

• all other relevant information known to the complainant.

If the complainant is of the view that his/her concerns have not been properly or
adequately addressed by the Judicial Head of Court, the complainant may direct
his/her complaint to the Secretary of the Magistrate's Commission.

• Please note that in terms of the Constitution of the Republic of South Africa Act,
No. 108 of 1996, the courts are independent and subject only to the Constitution and
the law. The Magistrate's Commission is therefore not empowered to interfere with the
judicial discretion of a magistrate. An aggrieved party who is dissatisfied with a
judgment, ruling or sentence may approach a court of higher jurisdiction for review or
appeal.

Small Claims Court

The Small Claims Court is a special court that was set up in the Magistrate's Courts to
help ordinary people who cannot afford lawyers. You must claim within three years of
the event. The Small Claims Court is almost free to use. A small fee of between R30
and R40 is charged for the use of the sheriff.

• You cannot use the Small Claims Court for:

• divorce

• matters concerning a will

• wrongful imprisonment

• seduction

• breach of promise to marry

• malicious prosecution.

You cannot use the Small Claims Court against any branch of National or Provincial
Government, or against the police. You can use it to sue a company, organisation or
individual but a municipality, company or organisation may not sue an individual
through the Small Claims Court.

Who may institute a claim?

• Anyone except juristic persons such as Companies, Close Corporations and
Associations.

• A person under 18 must be assisted by a parent or legal guardian.

Against whom may a claim be instituted?

With the exception of the State, against anyone, including Companies, Close
Corporations and Associations.

Please note that claims cannot be instituted against Municipalities/Local Government

in a Small Claims Court.

What amount can be claimed?

• An amount not exceeding R 20 000. (This amount is determined by the Minister from
time to time in the Government Gazette. If your claim exceeds R 20 000 in value, you
can institute a claim for a lesser amount to pursue your case in the Small Claims Court.

Types of Legal Proceedings: Trials, Appeals and Reviews:

What is a trial?

A trial is a court hearing in a Magistrate's Court or a High Court, called the trial court.

The magistrate or judge listens to all the people who have information about the case.
This information is called the verbal or oral evidence. The court also looks at the
physical evidence, for example, a knife or a letter. These are called exhibits in the trial.

The magistrate or judge listens to the evidence from both sides. If it is a criminal trial,
the magistrate or judge listens to the state and its witnesses as well as the case of the
accused and the witnesses called by the accused. The magistrate or judge then makes
a decision, called a judgment.

What is an appeal?

If you lose a trial, you can appeal. This means you ask a higher court to change the
decision of the trial court.
Usually this appeal court will not listen to any new evidence. It will only read the report
from the lower court to see what evidence was given. So it is very important to say
everything you want to say in the first court that hears your case.

A case in the Magistrate's Court can go on appeal to the nearest High Court, and then
to the Supreme Court of Appeal. A case heard in a High Court can go directly on
appeal to the Supreme Court of Appeal. The Supreme Court of Appeal only listens to
appeals - it does not listen to any trials. SOUTH AFRICAN COURTS 12 | P a g e

• What is a review?

• A higher court can also be used for a review. If you think proceedings in a Magistrate's
Court or High Court were unfair (for example, the magistrate or judge was biased), or
not according to the law, you can take the case on review to a higher court.

• Automatic review

• An automatic review – where you don’t ask for the review yourself – takes place in
the following circumstances:

• In a criminal case, a judge will review your case automatically if you do not have a
lawyer, and the sentence is more than 6 months in prison or the fine more than R10
000. That means the judge will decide if the magistrate made the right judgment
according to the law.

• If you do not have a lawyer in a criminal case, and your sentence is more than 3
months in prison or a fine of more than R5 000, AND you are sentenced by a
magistrate who has worked for less than seven years as a magistrate, then your
case will also automatically be reviewed by a judge.

• Asking for a review

• If you think things did not happen in the right way in the court, then you yourself can
ask for a review. This means you can ask for a review if you think that the court
procedures were unfair or irregular.

• For example:
• you may think that the magistrate or the judge did not give you a proper chance to
explain yourself clearly

• you may think that the judge or the magistrate was against you even before the case
was finished

• If you ask for a review, you must give the courts papers to show why you feel the
judgment should be reviewed. You will probably need a lawyer to help you.

• Outcome of the review

• The higher court may change the judgment, or may correct the procedures, or may
say that there must be a new trial.

Citation

Criminal Case:

(i) S v Elongo (A301/12) [2013] ZAGPJHC 37 (5 March 2013)

(ii) S v Botes (SS 89/2008) [2010] ZAWCHC 231 (7 May 2010)

(iii) R v Masondo 941 NPD 373 = (1941 = year; NPD = Natal Prov. Div.; 373 = page)

(iv) Naidoo 1989 (1) SA 215 (N) = (1989 (1) = year & vol.; SA = SA Law Reports; 215
= page; (N) = Natal Prov. Div. decision).

Civil Case:

(i) Road Accident Fund v Lechner (16972/1997) [2010] ZAWCHC 479 (21 September
2010)

(ii) Hendricks v Cape Kingdom (Pty) Ltd (14432/2008) [2008] ZAWCHC 310 (3
December 2008)

(iii)Williams v Gawie Hugo Motors CC t/a Total N1 City (5746/2008) [2011]ZAWCHC

86 (6 April 2011)

Appeal Case:

(i)Green v Fitzgerald 1914 AD 88 = (1914 = year; AD = Appellate Div.; 88 =page)

(ii)Dewnath v S (269/13) [2014] ZASCA 57 (17 April 2014)

(iii)Minister of Law and Order and Another v Parker (1/89) [1989] ZASCA 1;[1989] 2
All SA 246 (A) (24 February 1989)

Parties in Different Cases:

Criminal Case: State Accused

Civil Case: Plaintiff Defendant

Appeal Case: Appellant Respondent

JUDICIAL PRECEDENTS:

Stare decisis stand by the decision

Ratio decedendi reason for the decision…………………has binding powers.

Obiter dictum a remark made in passing by the presiding officer. Has no binding
powers, only persuasive in nature.

The principles of how it works in practice will be discussed during lectures.

Bibliography:

•Legal Principles of Contracts and Commercial Law 8th Edition. MAFouchè

•www.paralegaladvice.org.

•www.justice.gov.za

•www.southafrica.info/about/democracy/judiciary.htm#.VrndWBh9600

•http://www.judiciary.org.za/members-of-the-jsc.html

•http://www.justice.gov.za/contact/cnt_mcomm.html#sthash.JWNaknhA.dpuf