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Questions and Answers
What is the responsibility of the Chief Magistrate in relation to the District Courts?
What is the responsibility of the Chief Magistrate in relation to the District Courts?
- Supervising the National Court
- Posting of magistrates and allocation of duties (correct)
- Drafting new legislation
- Issuance of arrest warrants
Which court may have more than one magistrate sitting together to hear and decide a case?
Which court may have more than one magistrate sitting together to hear and decide a case?
- Provincial Court
- High Court
- National Court
- District Court (correct)
What is the scope of jurisdiction of District Courts?
What is the scope of jurisdiction of District Courts?
- Jurisdiction only over criminal cases
- Limited to specific areas within provinces (correct)
- Nationwide jurisdiction over all cases
- Jurisdiction restricted to civil cases
What is a unique characteristic of a District Court compared to other types of courts?
What is a unique characteristic of a District Court compared to other types of courts?
What is the role of the Deputy Chief Magistrate in the Magisterial Service?
What is the role of the Deputy Chief Magistrate in the Magisterial Service?
Which entity has authority over magistrates in terms of disciplinary actions?
Which entity has authority over magistrates in terms of disciplinary actions?
Who is responsible for allocating duties between magistrates posted in the same place?
Who is responsible for allocating duties between magistrates posted in the same place?
Which officials are ex-officio members of all District Courts?
Which officials are ex-officio members of all District Courts?
In which cases can a Village Court be constituted by one village magistrate?
In which cases can a Village Court be constituted by one village magistrate?
What is the role of the Senior Provincial Magistrate in relation to their province?
What is the role of the Senior Provincial Magistrate in relation to their province?
Who presides over a Village Court in the absence of the Chairman?
Who presides over a Village Court in the absence of the Chairman?
What powers does the Chief Magistrate have over magistrates and court staff?
What powers does the Chief Magistrate have over magistrates and court staff?
What types of disputes fall outside the jurisdiction of a District Court?
What types of disputes fall outside the jurisdiction of a District Court?
In what cases does a District Court have no jurisdiction?
In what cases does a District Court have no jurisdiction?
Who acts as Provincial Supervising Magistrates for Village Courts?
Who acts as Provincial Supervising Magistrates for Village Courts?
Which court has appellate and review jurisdictions over decisions made by Village Courts?
Which court has appellate and review jurisdictions over decisions made by Village Courts?
Who is responsible for the efficient functioning and operation of the Magisterial Service?
Who is responsible for the efficient functioning and operation of the Magisterial Service?
What type of jurisdiction did the Local Courts have before being abolished in 2000?
What type of jurisdiction did the Local Courts have before being abolished in 2000?
What are the specific responsibilities of the Chief Magistrate in relation to the District Courts?
What are the specific responsibilities of the Chief Magistrate in relation to the District Courts?
Explain the jurisdiction limitations of the District Courts compared to other courts.
Explain the jurisdiction limitations of the District Courts compared to other courts.
What is the significance of having more than one magistrate sitting together in a District Court?
What is the significance of having more than one magistrate sitting together in a District Court?
Describe the role of the Deputy Chief Magistrate in the Magisterial Service.
Describe the role of the Deputy Chief Magistrate in the Magisterial Service.
What disciplinary powers does the Chief Magistrate hold over magistrates and court staff?
What disciplinary powers does the Chief Magistrate hold over magistrates and court staff?
How does the National Court serve as a court of appeal in enforcing the Constitution?
How does the National Court serve as a court of appeal in enforcing the Constitution?
What types of disputes fall outside the jurisdiction of a District Court?
What types of disputes fall outside the jurisdiction of a District Court?
In what cases does a District Court have no jurisdiction?
In what cases does a District Court have no jurisdiction?
What is the role of the Magistrates Grade II in District Courts?
What is the role of the Magistrates Grade II in District Courts?
What is the composition of the Magisterial Service in District Courts?
What is the composition of the Magisterial Service in District Courts?
Who acts as Provincial Supervising Magistrates for Village Courts?
Who acts as Provincial Supervising Magistrates for Village Courts?
What entity has authority over magistrates in terms of disciplinary actions?
What entity has authority over magistrates in terms of disciplinary actions?
What types of disputes fall outside the jurisdiction of a District Court?
What types of disputes fall outside the jurisdiction of a District Court?
Who has the authority to commit for contempt by the District Act?
Who has the authority to commit for contempt by the District Act?
What is the role of the Chief Magistrate in the Magisterial Service?
What is the role of the Chief Magistrate in the Magisterial Service?
Which court do appeals from the District Court lie to?
Which court do appeals from the District Court lie to?
Who acts as Provincial Supervising Magistrates for Village Courts?
Who acts as Provincial Supervising Magistrates for Village Courts?
What roles do the Magistrates Grade II play in the District Courts?
What roles do the Magistrates Grade II play in the District Courts?
Explain the National Court's jurisdiction in civil matters.
Explain the National Court's jurisdiction in civil matters.
How does the National Court serve as a court of appeal?
How does the National Court serve as a court of appeal?
What is the National Court's jurisdiction in enforcing the Constitution?
What is the National Court's jurisdiction in enforcing the Constitution?
Describe the establishment and organization of District Courts.
Describe the establishment and organization of District Courts.
What are the key roles of magistrates in District Courts?
What are the key roles of magistrates in District Courts?
Explain the responsibilities of the Chief Magistrate in relation to the District Courts.
Explain the responsibilities of the Chief Magistrate in relation to the District Courts.
What are the specific judicial powers and functions of the Chief Magistrate in relation to District Courts?
What are the specific judicial powers and functions of the Chief Magistrate in relation to District Courts?
Describe the composition and roles of a Village Court as per the Village Courts Act and the Organic Law on Provincial Governments and Local-Level Governments, 1995.
Describe the composition and roles of a Village Court as per the Village Courts Act and the Organic Law on Provincial Governments and Local-Level Governments, 1995.
What is the jurisdiction of the National Court in civil matters, and how does it serve as a court of appeal?
What is the jurisdiction of the National Court in civil matters, and how does it serve as a court of appeal?
Explain the disciplinary powers held by the Chief Magistrate over magistrates and supporting court staff in District Courts.
Explain the disciplinary powers held by the Chief Magistrate over magistrates and supporting court staff in District Courts.
What are the non-judicial responsibilities and duties of the Senior Provincial Magistrate in relation to their province?
What are the non-judicial responsibilities and duties of the Senior Provincial Magistrate in relation to their province?
In what circumstances can a Village Court be constituted by only one village magistrate, and what are the exceptions to this norm?
In what circumstances can a Village Court be constituted by only one village magistrate, and what are the exceptions to this norm?
What are the duties and responsibilities of the Chief Magistrate in relation to the Magisterial Service?
What are the duties and responsibilities of the Chief Magistrate in relation to the Magisterial Service?
Explain the jurisdiction of the National Court in civil matters.
Explain the jurisdiction of the National Court in civil matters.
What powers does the National Court have as a court of appeal?
What powers does the National Court have as a court of appeal?
Describe the National Court's jurisdiction in enforcing the Constitution.
Describe the National Court's jurisdiction in enforcing the Constitution.
What is the role of the Senior Provincial Magistrate within their province?
What is the role of the Senior Provincial Magistrate within their province?
How are Village Courts established and what is the typical composition of a Village Court?
How are Village Courts established and what is the typical composition of a Village Court?
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Study Notes
Magisterial Service
- The Chief Magistrate is the head of the service and is responsible for the efficient functioning and operation of the service.
- The Chief Magistrate is assisted by the Deputy Chief Magistrate.
- Both are ex-officio members of all District Courts and have the same jurisdiction as the highest grade of magistrate, that is, magistrate grade V (or Principal Magistrate).
- The Chief Magistrate has powers, functions, duties, and responsibilities in relation to the service, including:
- Posting magistrates
- Allocating duties as between magistrates posted in the same place
- Making reports on the service and on individual magistrates
- Disciplinary powers over magistrates and supporting court staff
District Courts
- A District Court is normally constituted by a single magistrate, but more than one magistrate may sit together to hear and decide a case.
- District Courts are established for specified areas, except for the National Capital District, which correspond with the provinces.
- The jurisdiction of a District Court is limited to the specified areas within the provinces.
- District Courts have limited criminal and civil jurisdiction, as spelled out in the District Courts Act.
- A District Court has no jurisdiction in the following cases:
- Disputes under the wills and settlements
- The infringement of trade names
- Slander of title
- Illegal arrest, false imprisonment, or malicious prosecution
- Seduction or breach of promise to marry
- Disputes relating to title to land
- Appeals from the District Court lie to the National Court.
- District Courts have appellate and review jurisdictions over decisions of Village Courts.
- District Court magistrates also act as Provincial Supervising Magistrates for Village Courts.
Village Courts (Community Courts)
- Village Courts are established under the Village Courts Act and the Organic Law on Provincial Governments and Local-Level Governments, 1995.
- A Village Court is constituted by at least three village magistrates, comprising the Chairman, Deputy Chairman, and other magistrates.
- The Chairman, or, in his absence, the Deputy Chairman, presides over the court.
- As far as possible, village magistrates should be representative of the traditional population groupings of the area in which the court is established.
- In exceptional cases, a Village Court may be constituted by one village magistrate.
Local Courts
- Local Courts were established under the Local Courts Act, ch 41, which set out their jurisdiction.
- They were presided over by magistrates' grades II and I, referred to as Local Court Magistrates and Senior Local Court Magistrates, respectively.
- In 2000, the Local Courts Act was repealed, abolishing the Local Courts.
- The jurisdictions as at the date vested in the District Courts presided over by Magistrates Grade II.
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