Judges – They are nominated (usually by their court divisions or law societies) and then interviewed by the Judicial Service Commission. The JSC sends a shortlist of four judges to the president who then decides on who to appoint.

Assessors – In serious criminal cases in the High Courts, two assessors are appointed to help the judge. Assessors are usually advocates or retired magistrates or experts in a particular area such as children. They sit with the judge during the court case and listen to all the evidence presented to the court. At the end of the court case they give the judge their opinion. The judge does not have to listen to the assessors’ opinions but it usually helps the judge to make a decision.

Master of the High Court – The Master’s Branch of the High Court is there to serve the public in respect of:

• Deceased Estates
• Liquidations (Insolvent Estates)
• Registration of Trusts
• Tutors and Curators
• Administration of the Guardian’s Fund (minors and mentally challenged persons)

Magistrates – They are appointed by the Minister of Justice. They hear and decide cases in the Magistrates’ courts.

Lay assessors – Lay assessors are recruited through community organisations and are given basic training on the law and legal procedures. They help the magistrate reach a fair decision by providing background information to the issues in a case and giving the broader community perspective.

Director of Public Prosecutions – At each High Court, there is a Director of Public Prosecutions (DPP) with a staff of assistants. The DPPs are responsible for all the criminal cases in their province, so all the prosecutors are under their control. The police bring the information about a criminal case to the DPP. The DPP then decides whether there is good enough reason to have a trial and to prove in court that the person is guilty.

National Director of Public Prosecutions – The office of the National Director of Public Prosecutions, was established on 1 August 1998, in terms of section 179(1) of the Constitution.

The National Director of Public Prosecutions (NDPP) is in charge of the National Prosecuting Authority (NPA) which is responsible for managing the performance of of Directors of Public Prosecutions (DPPs), Special Directors and other members of the Prosecuting Authority. (See: National Prosecuting Authority)

Prosecutors – Prosecutors are employed by the National Prosecuting Authority. The prosecutor represents the state in a criminal trial against people who are accused of committing a crime. Before the trial, the prosecutor works with the South African Police Services to find out all the facts about the case, and to prepare state witnesses who saw what happened or who have other information. The prosecutor decides whether to prosecute the case or not.

The prosecutor then presents all this information in court and tries to convince the judge or magistrate that the accused person is guilty. The prosecutor does this by asking the state witnesses to tell their stories. The prosecutor also cross-questions the witnesses that the accused person brings to court, to try and disprove what these witnesses say. The prosecutor may divert cases to rehabilitate, especially juvenile first offenders.

Attorneys and Advocates – Every person is entitled to appear personally before a court to plead a cause or to raise a defence. However due to the complexity of legal issues and the specific manner in which court applications have to be submitted to the court, it is sometimes best to hire an attorney and advocates.

(See: Using an Attorney)

Public defenders – If a person who is accused in a serious criminal case cannot afford to pay for their own attorney, their case will be taken up by a public defender. Public defenders are attorneys who are paid for by Legal Aid South Africa. The aim of Legal Aid South Africa is to make legal representation available to poor and indigent people at the government’s expense. Paralegals or advice-givers – Paralegals are people who have had non-degree training or informal training so they cannot act in formal legal proceedings. They give advice to people and organisations on different aspects of the law, including advice on their rights and ways of protecting their rights.