THE SOUTH AFRICAN JUDICIARY

Judicial Authority

The Judicial authority of the Republic of South Africa is vested in the courts. These provisions are contained in Section 165 of the Constitution of the Republic of South Africa, 1996.

 

The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.

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Chief Justice
Deputy Chief Justice
Secretary-General: Office of the Chief Justice
Courts

Judicial Authority

The Judicial authority of the Republic of South Africa is vested in the courts. These provisions are contained in Section 165 of the Constitution of the Republic of South Africa, 1996.

 

The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.

 

No person or organ of state may interfere with the functioning of the courts. Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartially, dignity, accessibility and effectiveness of the courts. An order or decision issued by a court binds all persons to whom and organs of state to which it applies.

 

Judicial system

 

The courts are:

The Constitutional Court

The Supreme Court of Appeal

The High Courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from High Courts

The Magistrates’ Courts and any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Courts or the Magistrates’ Courts

 

The Constitutional Court

On December 2012, the Constitution 17th Amendment Act was passed into law and it entrenched the Constitutional Court as the highest court in the land and its decisions cannot be changed by any other court.

 

The Constitutional Court was born out of the country's first democratic Constitution in 1994. It is currently housed in an acclaimed building at Constitution Hill, and it is presided over by 11 Judges who stand guard over the Constitution and protect everyone's human rights.

 

When a person, an organisation or a company is not satisfied with any decision of the High Court on any matter; they can approach the Constitutional Court for a review of that decision. Normal appeal matters are however dealt with at the Supreme Court of Appeal.

 

Website: www.constitutionalcourt.org.za

 

The Supreme Court of Appeal

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

Contact Details

Office of the Chief Justice

 188, 14th Road, Noordwyk, Midrand, 1685

 

Private Bag X10, Marshalltown, 2107

 

Tel: +27 10 493 2500 (Switchboard)

 

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