40 Questions
What are the duties of the Chief Magistrate in the District Courts?
Posts magistrates, allocates duties, makes reports, and has disciplinary powers
Who assists the Chief Magistrate in his role and what are their responsibilities?
The Deputy Chief Magistrate; ex-officio member of all District Courts with jurisdiction equivalent to magistrate grade V.
What powers and responsibilities does a Senior Provincial Magistrate have?
Judicial and non-judicial powers delegated by service determinations or the Judicial and Legal Services Commission.
How are Village Courts established and who are the typical members?
Established under the Village Courts Act with at least three village magistrates: Chairman, Deputy Chairman, and other magistrates.
Under what circumstances can a Village Court be constituted by only one village magistrate?
In exceptional cases.
What are the roles and responsibilities of the Chief Magistrate in relation to the District Courts?
The Chief Magistrate is responsible for the efficient functioning of the Service, posting of magistrates, allocation of duties, submitting reports to the Commission, and carrying out directions from the Commission.
How is a District Court normally constituted in terms of the number of magistrates?
A District Court is normally constituted by a single magistrate, although more than one magistrate may sit together to hear and decide a case.
What is the jurisdiction of District Courts in terms of geographical coverage?
District Courts have jurisdiction limited to specified areas within the provinces, corresponding with the provinces except for the National Capital District.
What distinguishes the limited jurisdiction of District Courts in both criminal and civil matters?
District Courts have limited jurisdiction in both criminal and civil matters as specified in the District Courts Act.
How are magistrates organized and managed within the District Courts system?
Magistrates are managed by the Chief Magistrate who is responsible for their posting, allocation of duties, and disciplinary powers as conferred by the Conditions of Service Determinations.
What types of cases do District Courts not have jurisdiction over?
Disputes under wills and settlements, infringement of trade names, slander of title, illegal arrest, false imprisonment, malicious prosecution, seduction, breach of promise to marry, disputes relating to title to land
To where do appeals from the District Court lie?
National Court
What role do District Court magistrates play in relation to Village Courts?
Appellate and review jurisdictions over decisions of Village Courts, act as Provincial Supervising Magistrates
What jurisdiction do Local Courts have?
Jurisdiction set out in the Local Courts Act, ch 41
Who constitutes the Magisterial Service in the District Court?
Magistrates of the District Court, Chief Magistrate, Deputy Chief Magistrate
What is the first step a Village Court must take in any dispute?
Attempt to reach a settlement by mediation
In what circumstances can a Village Court adjourn ongoing proceedings?
If it thinks that by doing so, a just and amicable settlement may be reached
Who supervises Village Courts?
Provincial Supervising Magistrate and Deputy Provincial Supervising Magistrate
What is the role of lawyers in proceedings before Village Courts?
Not permitted to represent parties
Who can initiate an appeal from a decision of a Village Court?
An aggrieved party
What types of offences can District Courts try in criminal matters?
Summary and some indictable offences
What are hybrid offences in the context of District Courts?
Indictable offences that might be tried in the District by a Principal Magistrate, summarily
What are some examples of indictable offences that are reserved for the National Court and cannot be tried summarily in the District?
Murder, treason
What is the civil jurisdiction of District Courts over personal actions at law or in equity?
Claims where the amount does not exceed K10,000 (if Principal Magistrate) or K8,000 (if Magistrates)
What is the main role of a Principal Magistrate in the District Court?
To preside over cases where the claim amount does not exceed K10,000
What types of cases does the National Court usually hear in civil matters?
Cases involving substantial amounts of money or where the remedy sought cannot be granted by the inferior courts.
In addition to hearing appeals from District Courts, which other bodies or tribunals can the National Court hear appeals from?
Administrative bodies or tribunals like the Land Titles Commission, Medical Board, Income Tax Review Tribunal, the Liquor Licensing Commission, etc.
What inherent power does the National Court have in relation to the Constitution?
Enforcing the Constitution.
What areas of civil matters have exclusive jurisdiction in the National Court?
Company matters, insolvency, and defamation.
Under what legislation are District Courts established?
District Courts Act (DCA).
Who presides over District Courts?
Magistrates.
What is the primary role of a Senior Provincial Magistrate?
To preside over the District Courts within the province and assist the Chief Magistrate.
What types of cases do District Courts typically handle?
Less serious offenses, leaving more serious ones to the National Court.
What is the key responsibility of the Chief Magistrate in relation to District Courts?
To oversee and manage the magistrates within the District Courts system.
How should one consult for the practice and procedure in the National Court?
National Court Rules.
What is the role of a coroner in a proceeding where questions of customary law arise?
To help the court in the ascertainment of the law
What jurisdiction and authority do District officers have as coroners throughout the country?
They have jurisdiction, power, and authority as coroners throughout the country
What are the duties/functions of a coroner in an official inquiry or inquest?
To hold an official inquiry or inquest into the manner and cause of death of individuals, including missing persons
What powers does a coroner have during an inquest?
Summoning relevant witnesses, punishing those who refuse to give evidence, directing post-mortem examinations, etc.
What powers are granted to a coroner for an inquest related to indictable offences?
All the powers of a District Court as they relate to committal hearings of indictable offences
Learn about the key roles and responsibilities outlined in the Magisterial Services Act, including the functions of different magistrates, the Chief Magistrate's authority, and the efficient functioning of the service.
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