Flashcards on Foundations of South African Law
Foundations of South African Law: A Student's Guide
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Courts and jurisdiction
32 cards
Card 1
Question: What is the meaning of 'jurisdiction' in relation to a court?
Answer: The power invested in a court by law to adjudicate upon, determine and dispose of a matter (see Ndamase v Functions 4 All [2004]).
Card 2
Question: What is the consequence if a court acts without jurisdiction?
Answer: The court's order or judgment is a nullity (invalid).
Card 3
Question: What matters may the Constitutional Court decide under section 167 of the Constitution?
Answer: Constitutional matters and any other matter if it grants leave to appeal on grounds that the matter raises an arguable point of law of general public
Card 4
Question: List exclusive functions that only the Constitutional Court may perform (name three).
Answer: Decide disputes between national or provincial organs of state about constitutional status/powers; decide constitutionality of any amendment to the Co
Card 5
Question: What is the Supreme Court of Appeal's jurisdictional scope?
Answer: It has jurisdiction over all appeals, countrywide, from the High Courts (except labour or competition matters); it is never a court of first instance
Card 6
Question: Can the Supreme Court of Appeal impose sentences or make orders?
Answer: Yes — it can impose any sentence and make any order on appeal from High Courts.
Card 7
Question: What inherent powers do the Constitutional Court, Supreme Court of Appeal and High Courts share under section 173 of the Constitution?
Answer: Each has the inherent power to protect and regulate its own process and to develop the common law, taking into account the interests of justice.
Card 8
Question: What provides the basis for the High Court's jurisdiction over persons, causes and other matters?
Answer: Section 21 of the Superior Courts Act 10 of 2013 and the common law provide the basis for the High Court's effectiveness and jurisdiction.
Card 9
Question: What's the key distinction between the High Court and the Magistrates' Court regarding jurisdiction?
Answer: The High Court has inherent jurisdiction (not derived solely from statute) and thus wider powers; the Magistrates' Court is a creature of statute and
Card 10
Question: Which Magistrates' Courts exist and what limits their jurisdiction?
Answer: Civil Magistrates' Courts consist of District and Regional Courts; they may only hear matters authorised by the Magistrates' Court Act 32 of 1944 (MCA