Flashcards on South African Law: Sources and Courts

South African Law: Sources and Courts for Students

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What are the presiding officers of the Constitutional Court and how many judges sit there?

Chief Justice, Deputy Chief Justice and nine other judges (total 11 judges).

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South African Courts

61 cards

Card 1

Question: What are the presiding officers of the Constitutional Court and how many judges sit there?

Answer: Chief Justice, Deputy Chief Justice and nine other judges (total 11 judges).

Card 2

Question: List six exclusive/original jurisdiction functions of the Constitutional Court under section 167(4).

Answer: 1) Decide disputes between organs of state re constitutional status/powers/functions 2) Decide constitutionality of any parliamentary or provincial bi

Card 3

Question: Is the Constitutional Court a court of first instance or an appeal court for matters within its exclusive jurisdiction?

Answer: It is the court of first instance (exclusive/original jurisdiction) in those matters.

Card 4

Question: What is the primary function of the Supreme Court of Appeal (SCA)?

Answer: It is an appeal court only.

Card 5

Question: Who are the presiding officers of the Supreme Court of Appeal?

Answer: The President of the SCA, a Deputy President and several judges of appeal.

Card 6

Question: What is the geographical jurisdiction of the SCA?

Answer: The whole of South Africa.

Card 7

Question: Can the SCA declare Acts or presidential conduct unconstitutional, and what must follow if it does?

Answer: Yes, it can declare an Act of Parliament, provincial Act or conduct of the President unconstitutional, but such a declaration must be referred to the

Card 8

Question: What is the primary function of the High Court?

Answer: It functions as an appeal court (and has original jurisdiction in many matters) for a particular geographical area.

Card 9

Question: Who presides over the High Court?

Answer: A Judge President, one or more Deputy Judge Presidents, and several other judges.

Card 10

Question: What kinds of criminal cases does the High Court handle and what are the thresholds for sentence and fines?

Answer: All serious offences including treason; sentences more than 15 years imprisonment or fines more than R600 000.