Courts and Dispute resolution mechanisms in South Africa

• Judicial independence ensures freedom from external influence, allowing the judiciary to check the powers of the executive and legislative branches.
• Separation of powers is fundamental to upholding the rule of law and public confidence.
• Courts must adjudicate disputes based on the law and the Constitution of 1996, without political pressure.
• Judicial impartiality requires judges to remain objective and neutral.
• Legal decisions must be based on evidence and legal principles, not personal beliefs or undue influence.
• The test for judicial impartiality is whether a reasonable person would perceive the judge as free from bias.
• De Lange v Smuts NO reaffirmed judicial independence, stating no government body may interfere with the courts.
• The courts are accountable only to the Constitution of 1996 and the law.
• Constitutional provisions protecting judicial independence safeguard democratic governance and fair administration of justice.

Structure of the Judiciary

• Section 166 of the Constitution of 1996 establishes South Africa's hierarchical court system.

Constitutional Court

• The Constitutional Court is the highest court that deals with constitutional matters and issues of public importance.
• It confirms constitutional invalidity of laws declared by lower courts.

Supreme Court of Appeal (SCA)

• The SCA hears appeals from the High Courts but does not handle trials, only appeals.
• Its decisions are binding unless overruled by the Constitutional Court.

High Courts

• Each province has a High Court that hears constitutional matters, civil and criminal cases not assigned to lower courts.
• It also hears appeals from Magistrates' Courts.

Magistrates' Courts

• These lower courts handle most criminal and civil cases.
• Regional Magistrates’ Courts can impose sentences up to 15 years and fines up to R600,000.
• District Magistrates’ Courts handle less serious cases.

Specialised Courts

• Labour Court & Labour Appeal Court deal with employment disputes.
• Competition Appeal Court handles competition law cases.
• Small Claims Court resolves minor civil disputes (under R15,000) quickly and informally.

Courts & Dispute Resolutions

• South Africa has a mixed legal system of civil law, common law, and customary law.
• The Constitution is the supreme law.
• The court system includes Magistrates' Courts, High Courts, Supreme Court of Appeal, and the Constitutional Court.
• Each court level has specific jurisdictions and powers.
• Magistrates' Courts are lower courts handling less serious criminal cases and civil disputes involving smaller amounts.
• High Courts are superior courts in each province with jurisdiction over more serious criminal cases and civil matters involving larger amounts.
• The Supreme Court of Appeal (SCA) is the highest court for non-constitutional matters that hears appeals from the High Courts, consisting of a panel of judges.
• The Constitutional Court is the highest court for constitutional matters that safeguards constitutional rights and can declare legislation unconstitutional, composed of judges appointed by the President.
• Alternative Dispute Resolution (ADR) methods like mediation and arbitration are used to resolve disputes outside of court through negotiation with a neutral third party.
• Adjudication refers to the process where parties to a legal dispute refer their dispute to an impartial and independent arbitrator, such as a judge.
• The arbitrator decides on the dispute in accordance with the applicable law.
• The applicable law is that part of the law which resonates with the particular facts from which the dispute arises.
• This can be a particular area of law or a mix of different areas, such as constitutional law and contract law.
• Section 165(3) of the Constitution of 1996 ensures the independence of the judiciary by stating that no person or organ of state may interfere with the functioning of the courts.
• Impartiality of judges means an absence of bias.

Jurisdiction of the Constitutional Court

• The Constitutional Court is a Superior Court in terms of the Superior Courts Act.
• Section 167 of the Constitution of 1996, read with the Superior Courts Act, states that the head of the Constitutional Court is the Chief Justice, who is also the head of the South African judiciary as a whole.
• Other members of the court include the Deputy Chief Justice and nine other judges.
• At least eight judges must hear any case.

Jurisdiction of the Supreme Court of Appeal

• The Supreme Court of Appeal is a Superior Court in terms of the Superior Courts Act.
• Section 168 of the Constitution of 1996 and the Superior Courts Act state that the head of the Supreme Court of Appeal is referred to as the President of that court.

Jurisdiction of the High Court

• The High Court is a Superior Court whose jurisdiction is regulated by the Superior Courts Act 10 of 2013.
• Section 169 of the Constitution of 1996, read with the Superior Courts Act, provides that a Judge President heads a division of the High Court.
• The other presiding officers are the Deputy Judge President and other judges.
• Each High Court has jurisdiction within a particular provincial area.
• The High Court has appeal jurisdiction and can function as a court of first instance.
• When the High Court sits as a court of first instance, usually only one judge presides.
• The High Court can review and hear appeals of criminal and civil cases that were first heard in the Magistrates’ Courts

Jurisdiction of the Magistrates Court

• The Magistrates’ Courts Act 32 of 1944 creates the powers of the Magistrate’s Court.
• ‘Magistrates’ are the presiding officers in the Magistrate’s Court.
• The Regional Court has jurisdiction within a particular regional division, and the District Court within a particular magisterial district.
• They both only function as courts of first instance.

District Courts

• The criminal jurisdiction is restricted.
• The civil jurisdiction is also restricted and has no jurisdiction in matters that fall within the exclusive jurisdiction of the High Court.
• A District Court has jurisdiction with respect to constitutional matters only if an Act of Parliament provides it with such jurisdiction.

Regional Courts

• A Regional Court can try any criminal offence (even those that a District Court cannot hear such as murder and rape) but not treason.
• The civil jurisdiction is slightly more expansive than that of the District Courts.
• The same principles apply to Regional Courts as with constitutional matters in District Courts.

Specialised Courts

• There are a number of special courts in South Africa which are limited to hearing specific types of cases.
• Examples include the Labour Court, the Labour Appeal Court, the Competition Appeal Court, the Land Claims Court, the Special Court for Income Tax Appeals and the Constitutional Court.

Appropriate Dispute Resolution

• Must study the differences between the three main types of Alternative Dispute Resolution (ADR) forms.
• Must compare and contrast the three main areas of ADR and define their distinguishing characteristics.