Magistrates Courts of South Africa
Encyclopedia
Magistrates' Courts in South Africa
are the lower courts and the courts of first instance
and decide all matters as provided for by an act of parliament. As such, they deal with the great majority of court cases. The presiding officer in these courts is called a magistrate
. There are more than 400 magistrates' courts served by more than 1,400 magistrates and 325 regional magistrates in South Africa.
The territory of South Africa is divided into approximately 350 magisterial districts, with each district having a district magistrate's court. A district court has jurisdiction over civil cases where the value of the claim is no more than R
100,000, and over lesser criminal cases in which it can impose a sentence of up to three years' imprisonment and a fine of up to R60,000. A district magistrate cannot hear cases of murder
, rape
or robbery, or any other crime with a minimum sentence of more than three years.
A number of magisterial districts are grouped together into a region, with a regional magistrate's court. The regional court is a criminal court only, and can try all criminal matters except high treason
. A regional magistrate can impose a sentence of up to fifteen years' imprisonment or a fine of up to R300,000. There are also a number of specialized regional courts that handle specific types of matters, such as the Sexual Offenses Courts and the Specialized Commercial Crimes Courts in the larger cities.
Appeals from the magistrates' courts are to the appropriate division of the High Court of South Africa
.
Magistrates' courts may also not decide on the constitutionality of any legislation
or on any conduct of the President
.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
are the lower courts and the courts of first instance
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and decide all matters as provided for by an act of parliament. As such, they deal with the great majority of court cases. The presiding officer in these courts is called a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
. There are more than 400 magistrates' courts served by more than 1,400 magistrates and 325 regional magistrates in South Africa.
The territory of South Africa is divided into approximately 350 magisterial districts, with each district having a district magistrate's court. A district court has jurisdiction over civil cases where the value of the claim is no more than R
South African rand
The rand is the currency of South Africa. It takes its name from the Witwatersrand , the ridge upon which Johannesburg is built and where most of South Africa's gold deposits were found. The rand has the symbol "R" and is subdivided into 100 cents, symbol "c"...
100,000, and over lesser criminal cases in which it can impose a sentence of up to three years' imprisonment and a fine of up to R60,000. A district magistrate cannot hear cases of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or robbery, or any other crime with a minimum sentence of more than three years.
A number of magisterial districts are grouped together into a region, with a regional magistrate's court. The regional court is a criminal court only, and can try all criminal matters except high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
. A regional magistrate can impose a sentence of up to fifteen years' imprisonment or a fine of up to R300,000. There are also a number of specialized regional courts that handle specific types of matters, such as the Sexual Offenses Courts and the Specialized Commercial Crimes Courts in the larger cities.
Appeals from the magistrates' courts are to the appropriate division of the High Court of South Africa
High Court of South Africa
The High Courts are superior courts of law in South Africa. The courts were created in 1996 on the adoption of the Constitution of South Africa, and inherited the jurisdiction of the provincial and local divisions of the former Supreme Court of South Africa...
.
Magistrates' courts may also not decide on the constitutionality of any legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
or on any conduct of the President
President of South Africa
The President of the Republic of South Africa is the head of state and head of government under South Africa's Constitution. From 1961 to 1994, the head of state was called the State President....
.