Supreme Court of South Africa
Encyclopedia
The Supreme Court of South Africa was a superior court
of law
in South Africa
from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court
in the country. It is not to be confused with the modern Supreme Court of Appeal
, established in 1996.
when the Union of South Africa
was formed. The Supreme Courts of the four former colonies (the Cape Colony
, the Transvaal Colony, the Orange River Colony
and the Natal Colony) became provincial divisions of the Supreme Court. The Court of the Eastern Districts of the Cape and the High Court of Griqualand (in the Cape) and the High Court of the Witwatersrand (in the Transvaal) became local divisions under their respective provincial divisions. A new Appellate Division, headed by the Chief Justice of South Africa
, was created to hear appeals from the provincial and local divisions.
In 1957 the Eastern Cape Local Division was elevated to provincial status, and in 1969 the Griqualand West Local Division was similarly elevated, becoming the Northern Cape Provincial Division. Over time, two new local divisions were created: the Durban & Coast Local Division under the Natal Provincial Division, and the South Eastern Cape Local Division under the Eastern Cape Provincial Division. During the apartheid era the Supreme Court of South Africa lost jurisdiction over the quasi-independent bantustans (Transkei
, Bophuthatswana
, Venda
and Ciskei
) which created their own Supreme Courts.
The Interim Constitution which came into force in 1994 kept the existing structure of the Supreme Court, but absorbed the Supreme Courts of the bantustans as provincial divisions. The final South African constitution
transformed the Appellate Division into the Supreme Court of Appeal
, and the provincial and local divisions into High Courts.
Subsequent changes to the divisions were as follows:
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in South Africa
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...
from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
in the country. It is not to be confused with the modern Supreme Court of Appeal
Supreme Court of Appeal of South Africa
The Supreme Court of Appeal is an appellate court in South Africa; it is the highest appeal court except in constitutional matters, which are ultimately decided by the Constitutional Court...
, established in 1996.
History
The Supreme Court was created by the South Africa Act 1909South Africa Act 1909
The South Africa Act 1909 was an Act of the British Parliament which created the Union of South Africa from the British Colonies of the Cape of Good Hope, Natal, Orange River Colony, and the Transvaal Colony. The Act also made provisions for admitting Rhodesia as a fifth province of the Union in...
when the Union of South Africa
Union of South Africa
The Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...
was formed. The Supreme Courts of the four former colonies (the Cape Colony
Cape Colony
The Cape Colony, part of modern South Africa, was established by the Dutch East India Company in 1652, with the founding of Cape Town. It was subsequently occupied by the British in 1795 when the Netherlands were occupied by revolutionary France, so that the French revolutionaries could not take...
, the Transvaal Colony, the Orange River Colony
Orange River Colony
The Orange River Colony was the British colony created after this nation first occupied and then annexed the independent Orange Free State in the Second Boer War...
and the Natal Colony) became provincial divisions of the Supreme Court. The Court of the Eastern Districts of the Cape and the High Court of Griqualand (in the Cape) and the High Court of the Witwatersrand (in the Transvaal) became local divisions under their respective provincial divisions. A new Appellate Division, headed by the Chief Justice of South Africa
Chief Justice of South Africa
The Chief Justice of South Africa is the head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts...
, was created to hear appeals from the provincial and local divisions.
In 1957 the Eastern Cape Local Division was elevated to provincial status, and in 1969 the Griqualand West Local Division was similarly elevated, becoming the Northern Cape Provincial Division. Over time, two new local divisions were created: the Durban & Coast Local Division under the Natal Provincial Division, and the South Eastern Cape Local Division under the Eastern Cape Provincial Division. During the apartheid era the Supreme Court of South Africa lost jurisdiction over the quasi-independent bantustans (Transkei
Transkei
The Transkei , officially the Republic of Transkei , was a Bantustan—an area set aside for members of a specific ethnicity—and nominal parliamentary democracy in the southeastern region of South Africa...
, Bophuthatswana
Bophuthatswana
Bophuthatswana , officially the Republic of Bophuthatswana was a Bantustan – an area set aside for members of a specific ethnicity – and nominal parliamentary democracy in the northwestern region of South Africa...
, Venda
Venda
Venda was a bantustan in northern South Africa, now part of Limpopo province. It was founded as a homeland for the Venda people, speakers of the Venda language. It bordered modern Zimbabwe and South Africa, and is now part of Limpopo in South Africa....
and Ciskei
Ciskei
Ciskei was a Bantustan in the south east of South Africa. It covered an area of 2,970 square miles , almost entirely surrounded by what was then the Cape Province, and possessed a small coastline along the shore of the Indian Ocean....
) which created their own Supreme Courts.
The Interim Constitution which came into force in 1994 kept the existing structure of the Supreme Court, but absorbed the Supreme Courts of the bantustans as provincial divisions. The final South African constitution
Constitution of South Africa
The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government. The current constitution, the country's fifth, was...
transformed the Appellate Division into the Supreme Court of Appeal
Supreme Court of Appeal of South Africa
The Supreme Court of Appeal is an appellate court in South Africa; it is the highest appeal court except in constitutional matters, which are ultimately decided by the Constitutional Court...
, and the provincial and local divisions into High Courts.
Divisions
The South Africa Act created the Appellate Division, and renamed the existing courts of the colonies as follows:- The Supreme Court of the Cape of Good Hope (Cape TownCape TownCape Town is the second-most populous city in South Africa, and the provincial capital and primate city of the Western Cape. As the seat of the National Parliament, it is also the legislative capital of the country. It forms part of the City of Cape Town metropolitan municipality...
) became the Cape of Good Hope Provincial Division- The Court of the Eastern Districts of the Cape of Good Hope (GrahamstownGrahamstownGrahamstown is a city in the Eastern Cape Province of the Republic of South Africa and is the seat of the Makana municipality. The population of greater Grahamstown, as of 2003, was 124,758. The population of the surrounding areas, including the actual city was 41,799 of which 77.4% were black,...
) became the Eastern Cape Local Division - The High Court of Griqualand (KimberleyKimberley, Northern CapeKimberley is a city in South Africa, and the capital of the Northern Cape. It is located near the confluence of the Vaal and Orange Rivers. The town has considerable historical significance due its diamond mining past and siege during the Second Boer War...
) became the Griqualand West Local Division
- The Court of the Eastern Districts of the Cape of Good Hope (Grahamstown
- The Supreme Court of the Transvaal (PretoriaPretoriaPretoria is a city located in the northern part of Gauteng Province, South Africa. It is one of the country's three capital cities, serving as the executive and de facto national capital; the others are Cape Town, the legislative capital, and Bloemfontein, the judicial capital.Pretoria is...
) became the Transvaal Provincial Division- The High Court of Witwatersrand (JohannesburgJohannesburgJohannesburg also known as Jozi, Jo'burg or Egoli, is the largest city in South Africa, by population. Johannesburg is the provincial capital of Gauteng, the wealthiest province in South Africa, having the largest economy of any metropolitan region in Sub-Saharan Africa...
) became the Witwatersrand Local Division
- The High Court of Witwatersrand (Johannesburg
- The High Court of the Orange River Colony (BloemfonteinBloemfonteinBloemfontein is the capital city of the Free State Province of South Africa; and, as the judicial capital of the nation, one of South Africa's three national capitals – the other two being Cape Town, the legislative capital, and Pretoria, the administrative capital.Bloemfontein is popularly and...
) became the Orange Free State Provincial Division - The Supreme Court of Natal (PietermaritzburgPietermaritzburgPietermaritzburg is the capital and second largest city in the province of KwaZulu-Natal, South Africa. It was founded in 1838, and is currently governed by the Msunduzi Local Municipality. Its "purist" Zulu name is umGungundlovu, and this is the name used for the district municipality...
) became the Natal Provincial Division
Subsequent changes to the divisions were as follows:
- In 1957 the Eastern Cape Local Division was separated from the Cape Provincial Division and became the Eastern Cape Provincial Division.
- Also in 1957, the Durban & Coast Local Division was created at DurbanDurbanDurban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...
, having jurisdiction (concurrently with the Natal Provincial Division) over the city of Durban and the Natal coast. It replaced a circuit court of the Natal Provincial Division. - In 1969 the Griqualand West Local Division was separated from the Cape Provincial Division and became the Northern Cape Provincial Division.
- In 1973 a TranskeiTranskeiThe Transkei , officially the Republic of Transkei , was a Bantustan—an area set aside for members of a specific ethnicity—and nominal parliamentary democracy in the southeastern region of South Africa...
an High Court was created at Umtata, becoming the Supreme Court of the Transkei when that homeland attained nominal independence in 1976. - In 1974 the South Eastern Cape Local Division was created at Port Elizabeth, having jurisdiction (concurrently with the Eastern Cape Provincial Division) over that city and the surrounding districts.
- In 1977 the Supreme Court of BophuthatswanaBophuthatswanaBophuthatswana , officially the Republic of Bophuthatswana was a Bantustan – an area set aside for members of a specific ethnicity – and nominal parliamentary democracy in the northwestern region of South Africa...
was created when the homeland attained nominal independence. Supreme Courts of VendaVendaVenda was a bantustan in northern South Africa, now part of Limpopo province. It was founded as a homeland for the Venda people, speakers of the Venda language. It bordered modern Zimbabwe and South Africa, and is now part of Limpopo in South Africa....
and CiskeiCiskeiCiskei was a Bantustan in the south east of South Africa. It covered an area of 2,970 square miles , almost entirely surrounded by what was then the Cape Province, and possessed a small coastline along the shore of the Indian Ocean....
were similarly created in 1979 and 1981 respectively.