30/10/2017
Today's word is JURISDICTION
Oxford def.: The authority of an official organization has to make legal decisions.
South African courts have different jurisdiction to hear and adjudicate/decide on disputes or matters.
Jurisdiction of a courts is determined by, but not limited to, the following: the area of which the matter has occurred; the residence of which the parties reside; the amount in dispute; the seriousness of the offence; etc, etc.
South African courts are categorized into 3, namely: Lower Courts; Higher Courts; and Special Courts.
We shall discuss Lower Courts and High Courts.
1. Lower Courts include: Small Claims Courts; District Magistrates Court; and Regional Magistrates Court.
2. Higher Courts Include: High Courts; Supreme Court of Appeal; and the Constitutional Court.
3. Special Courts include : Labour Courts, Children's Courts; Military Courts; etc
a) Small Claims Courts have jurisdiction to hear claims by natural persons (individuals) against natural persons or juristic persons (companies, trusts, etc). Their jurisdiction is limited to claims of R15 000.00
b) District Magistrates Courts have jurisdiction to hear minor criminal matters like, for instance, Driving Under the Influence of alcohol or drugs (DUI), assault, etc. Their jurisdiction for civil masters is up to R200 000.00
c) Regional Magistrates Courts have jurisdiction over criminal cases except for treason, and can impose no more than 15 years imprisonment and a fine no more than R 600 000.00. In civil cases they hear claims between R200 000.00 and R400 000.00. as well as divorce cases.
d) High Courts have jurisdiction to hear appeals from the High Courts within their area, and act as a court of first instance for cases outside the jurisdiction of the magistrates courts. They also hear civil and criminal matters involving a person's status. (for example, declaring a person insolvent)
e) The Supreme Court of Appeal has jurisdiction to hear appeals from the High Courts. It is located in Bloemfontein.
f) The Constitutional Court has jurisdiction to hear matters referred to it by the Supreme Court of Appeal or the High Court. Certain constitutional matters are reserved for exclusive jurisdiction of this court.
DISCLAIMER :
The information contained above is aimed at providing the public with knowledge on South African Law. The above information is subject to change as the law constantly changes. As a result Negota K Attorneys will under no circumstances accept liability resulting from the use of the above information.
