Flashcards on South African Courts and Dispute Resolution
SA Courts & Dispute Resolution: A Student Guide
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South African Courts and ADR
9 cards
Card 1
Question: List the courts that make up the South African judicial system as set out in Section 166, in hierarchical order.
Answer: Constitutional Court; Supreme Court of Appeal; High Court of South Africa (and any high court of appeal established by Parliament); Magistrates’ Court
Card 2
Question: What are the three main factors relevant in determining a court's jurisdiction?
Answer: 1) Type of case (criminal/civil/constitutional); 2) Geographical area (connection between person and court’s area); 3) Whether the case is before a co
Card 3
Question: How does the 'type of case' factor affect jurisdiction for criminal, civil and constitutional matters?
Answer: Criminal jurisdiction depends on the kind of offence and possible sentence; civil jurisdiction depends on the amount claimed and nature of relief soug
Card 4
Question: How is geographical jurisdiction allocated between Magistrates’ Courts, High Courts, the Supreme Court of Appeal and the Constitutional Court?
Answer: Magistrates’ Courts: regional divisions and magisterial districts; High Courts: in each province (provincial and local divisions may have concurrent j
Card 5
Question: Define 'jurisdiction' in the context of the courts.
Answer: Jurisdiction is the competence of a court to hear a specific case — it determines which court hears a specific matter.
Card 6
Question: What distinguishes an appeal from a review?
Answer: An appeal is lodged when a party alleges the court erred in its decision; it uses the typed record of the court a quo and legal argument without oral
Card 7
Question: How is an appeal decided procedurally (what does the appellate court consider)?
Answer: The appellate court studies the typed record of the court a quo and listens to argument by legal representatives; no oral evidence about the facts is
Card 8
Question: What outcomes can result from an appeal?
Answer: An appeal may be upheld (the decision of the court a quo is set aside) or dismissed (the decision of the court a quo remains in force).
Card 9
Question: Give examples of circumstances that would ground a review rather than an appeal.
Answer: Possible irregularity in the proceedings such as a biased judge or a party not being afforded a fair opportunity to present their case; automatic revi