Flashcards on South African Legal System: Courts and Jurisdiction
South African Legal System: Courts & Jurisdiction Guide
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South African Courts
66 cards
Card 1
Question: What jurisdiction do Chiefs’ and Headmen’s Courts have over civil disputes?
Answer: They decide civil disputes in a community that is headed by a chief or headman.
Card 2
Question: Can Chiefs’ and Headmen’s Courts dissolve a customary marriage under the Recognition of Customary Marriages Act 120 of 1998?
Answer: No. They may mediate marital disputes but may not dissolve a customary marriage under that Act.
Card 3
Question: What types of criminal matters can Chiefs’ and Headmen’s Courts adjudicate?
Answer: They can adjudicate some minor crimes.
Card 4
Question: What is the monetary limit for claims in the Small Claims Court?
Answer: Minor civil claims not exceeding R20,000.00 (the maximum today).
Card 5
Question: Are parties allowed legal representation in the Small Claims Court?
Answer: No. Legal representation is not allowed.
Card 6
Question: Do the rules of evidence apply in the Small Claims Court, and what approach is followed?
Answer: The rules of evidence do not apply; an inquisitorial approach is followed, allowing the Commissioner to play an active role.
Card 7
Question: Is there a right of appeal from the Small Claims Court?
Answer: No right of appeal, but reviews are allowed.
Card 8
Question: What additional function does each Magistrates’ Court perform regarding children?
Answer: Each Magistrates’ Court also functions as a Children’s Court.
Card 9
Question: Give two examples of matters that the Children’s Court may handle.
Answer: Child adoption and cases of children who cannot be traced back to their parents.
Card 10
Question: What is a key feature of Children’s Court proceedings?
Answer: Its proceedings are confidential.