These are the lower courts that deal with the less serious criminal and civil cases. The regional courts deal with both civil and criminal matters and have recently been given jurisdiction to deal with divorce cases. The District Courts deal with criminal and civil cases. The magistrate makes the decisions in a Magistrates’ Court sometimes with the support of lay assessors. Most Magistrates’ Courts can hear Equality Court cases, These are cases where you feel you have been discriminated against or harassed or subject to hate speech.
Magistrates’ Courts can be divided into either criminal courts or civil courts. (See Chart: The courts in South Africa and appeal or review procedures)

CRIMINAL COURTS

In Criminal Courts the state prosecutes people for breaking the law. Criminal Courts can also be divided into two groups:

• Regional Magistrates’ Courts
• Ordinary Magistrates’ Courts (also called District Courts)

REGIONAL MAGISTRATES’ COURTS

Regional Magistrates’ Courts deal with more serious crimes than the District Magistrates’ Courts – for example, murder, rape, armed robbery and serious assault. A Regional Magistrate’s Court can impose a maximum fine of R600 000 and a maximum sentence of 15 years for common law offences (this means no law or Act of Parliament determines the sentence for the offence). Where a law provides for a maximum term of imprisonment that is more than 15 years for a specific offence then the court can impose that sentence. For example, the Drugs and Drug Trafficking Act (No 140 of 1992) provides for a maximum sentence of 25 years imprisonment for dealing in drugs. In terms of the Criminal Law (Sentencing) Amendment Act (No 38 of 2007) a Regional Magistrate’s Court can sentence a person who has been found guilty of offences that include murder or rape to imprisonment for life. The Court can also sentence people who have been found guilty of certain offences such as armed robbery or stealing a motor vehicle to prison for a period up to 20 years.
Regional Courts now have civil jurisdiction to hear divorce cases. Regional courts can hear civil matters above R200 000 up to and including R400 000.

ORDINARY (DISTRICT) MAGISTRATES’ COURTS

These courts try the less serious crimes. They cannot try cases of murder, treason, rape, terrorism, or sabotage. They can sentence a person to a maximum prison sentence of 3 years (per offence) or a maximum fine of R120 000. A statute may provide for a maximum term of imprisonment in excess of 3 years for specific offences that are heard in the district magistrates’ courts. Ordinary Magistrates’ Courts can hear civil cases when the claims are for less than R200 000R200 000. They cannot deal with certain matters, such as:

• DIvorces
• Arguments about a person’s will
• Matters where it is asked if a person is mentally sane or not

SPECIALISED MAGISTRATES’ COURTS

There are some specialised courts located at the level of the Magistrates’ Courts that deal with certain types of matters. They are the children’s courts, commercial crime courts and sexual offences courts

SPECIALISED COMMERCIAL CRIMES COURTS (SCCCs)

The Specialised Commercial Crimes Courts operate at the level of the regional courts. These courts hear commercial crime and organised commercial crime matters. The first SCCC was established in 2009. They are found in all nine regional divisions. A Regional Magistrate presides in the SCCC. Commercial and organised commercial crimes are investigated by the commercial branches of the South African Police Services. These cases are prosecuted by the Specialised Commercial Crimes Unit of the NPA.

JUVENILE COURTS

A juvenile is a child under the age of 18 years. Children accused of crimes are normally tried in the ordinary criminal Magistrates’ Courts but in the larger cities, special Magistrates’ Courts are set aside as Juvenile Courts. Court cases involving juveniles are not open to the public (called in camera) and if possible the parents should be present.
Sometimes during the trial of a juvenile, the court might send the child to the Children’s Court (see Children’s Courts). This will happen if the court thinks that the child’s parents or guardian may be unfit or unable to look after the child, or if there are no parents or guardians. If the Children’s Court decides that the parents are fit and able to look after the child, then the case is referred back to the criminal court and the trial will continue. If the Children’s Court finds that there are no parents or guardians, or that the parents or guardians are not fit or able to look after the child properly, then the court may order that the child be removed to a ‘place of safety’. If the child is transferred from the criminal (juvenile) court to the Children’s Court, the criminal trial must wait until the Children’s Court comes to a decision. (See Removing children from abuse or neglect)

CIVIL COURTS

REGIONAL COURTS

In the past Regional Magistrates’ Courts could only deal with criminal law cases. In order to make the courts more accessible to people it was decided to extend the jurisdiction of Regional Magistrates’ Courts to include civil matters.
Regional Courts may now hear the following matters:

• Divorces and issues stemming from divorces
• Disputes over movable and immovable property between R200 000 and R400 000
• Credit agreements of between R200 000[R200 000] and R400 000[R400 000]
• Road accident fund claims between R200 000 and R400 000

District Magistrates’ Courts can hear civil cases when the claims are for less than R200 000. They cannot deal with certain matters, such as:

• Divorce
• Arguments about a person’s will
• Matters where it is asked if a person is insane

MAINTENANCE COURTS

The Maintenance Court is situated in the Magistrates’ Court. A parent who does not receive maintenance from the other parent can approach the Maintenance Court to make an application for Maintenance. There is a Maintenance Officer in charge of the Maintenance Court. It is not necessary to have an attorney to claim maintenance. The Maintenance Officer will help you to fill in the necessary forms.
If one of the parents of the child refuses to pay maintenance then the case must go to the Maintenance Court. If so, the Maintenance Officer will give details on when to appear in court and which court to go to.
If the parent is unable to pay maintenance for the child, an application can be made to claim maintenance from that person’s parents. The Maintenance Court will make an order regarding maintenance if it is in the best interests of the child.

If the complainant has a maintenance order, and the other parent has defaulted in paying the maintenance in terms of the order, then the complainant should
report the matter to the Maintenance Court. If the matter has been reported to the Maintenance Court and cannot be resolved, it will be sent to the Criminal Court.

The Maintenance officer will inform you about all the procedures that should be followed. When the matter is at the Criminal Court a prosecutor will be appointed to deal with it. The prosecutor will then prosecute the defaulting party. The matter will then proceed as a criminal case.
(See Problem 4, getting maintenance through the Maintenance Court)

CHILDREN’S COURTS

Every Ordinary magistrate’s court also acts as a Children’s Court and has jurisdiction on any matter arising from the application of the Children’s Act (No 38 of 2005).
The Children’s Court can decide on cases that involve—

• The protection and well-being of a child
• The care of, or contact with, a child
• Paternity of a child
• Support of a child
• The provision of:
• early childhood development services
• prevention or early intervention services
• Maltreatment, abuse, neglect, degradation or exploitation of a child
• The temporary safe care of a child
• Alternative care of a child
• The adoption of a child, including an inter-country adoption
• A child and youth care centre, a partial care facility or a shelter or drop-in centre
• Any other matter relating to the care, protection or well-being of a child provided for in the Children’s Act. (See Summary of the Children’s Act)

A Children’s Court does not deal with criminal cases.

SEXUAL OFFENCES COURTS

Sexual Offences Courts have been introduced in Regional Magistrate’s Courts to:

• Reduce secondary victimisation often suffered by the victims when they engage with the criminal justice system, particularly the court system
• Reduce the turnaround time in the finalisation of these cases
• Improve the conviction rate in sexual offence cases

Since April 2022, 116 Regional Courts have been upgraded to Sexual Offences Courts. A sexual offences court is defined as a regional court that deals exclusively with cases of sexual offences.

A hybrid Sexual Offences Court is defined as a regional court dedicated to dealing with sexual offences cases in any specified area. It is a court that gives priority to sexual offences cases, but it can deal with other cases at the same time.

The Criminal Law (Sexual Offences and Related Matters) Amendment Act (Act 32 of 2007) was introduced to protect communities against sexual offences. This Act requires that support services be provided to victims of sexual abuse, to reduce and remove secondary traumatisation in the criminal justice system.
Sexual Offences Courts are required to provide these services to victims of sexual crimes:

• Court preparation services – preparing people with information on the court procedures, services and benefits, and providing support by the Court Preparation Officer (CPO) on the day of the trial
• Intermediary services – The prosecutor will apply to court to allow a child victim or a person with mental disability to testify in a private testifying room with the help of an intermediary who will explain the questions in a simple manner
• Private waiting room for adult and child victims
• Pre- and post-trial trauma debriefing services
• Private testifying room and closed court services
• Witness fee services – this covers return travelling costs and food while in court

EQUALITY COURTS

Equality Courts have been established in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act (also called the Equality Act) to hear cases about unfair discrimination, hate speech or harassment (but not discrimination in the workplace, which is dealt with by the Labour Courts). All magistrate’s courts serve as Equality Courts in all 9 provinces. The website of the Department of Justice / Equality Courts (www.doj.gov.za) has the contact details for Equality Court enquiries. Equality Courts have powers to conciliate and mediate, grant interdicts, order payment of damages or order a person to make an apology.
Any person or an association, acting on its own behalf or on behalf of others, can bring a case to the Equality Court. For example, a non-governmental organisation (NGO) can bring a case on behalf of the public. You are entitled to bring a case to the Equality Court if you feel the bad treatment you or someone else received was due to someone discriminating against you on one of the following grounds:

• Race
• Gender
• Sex
• Pregnancy
• Marital status (which includes
• life partnerships as well as single persons)
• Ethnic or social origin)
• Colour
• Sexual orientation
• Age
• Disability
• Religion, conscience & belief
• Culture
• Language or
• Birth

COMMUNITY COURTS

Community Courts can be described as “district courts” that deal with the same cases as normal Magistrates’ Courts, the difference being that they only deal with petty crimes such as shoplifting cases, petty theft, petty gambling offences, petty traffic offences, drunkenness, drinking in public, riotous behaviour, failure to comply with a lawful instruction of a police officer, various train-related offences, common assault etc.

COURTS FOR CHIEFS AND HEADMEN

These courts have jurisdiction to hear certain matters on the level of magistrates’ courts. They are designed to deal with customary issues in terms of customary law. An authorised African headman or his deputy may decide cases using indigenous law and custom (for example, disputes over ownership of cattle or lobolo), brought before him by an African against another African within his area of jurisdiction.
These courts are commonly known as Chief’s Courts. A person with a claim has the right to choose whether to bring a claim in the Chief’s Court or in a Magistrate’s Court. Anyone who is not satisfied with the decision in a Chief’s or Headman’s court can take their matter to the ordinary courts.

APPEALS AND REVIEWS FROM A MAGISTRATE’S COURT

If you are involved in a criminal or civil case in a Magistrate’s Court, you can ask the High Court to look at the decision of the Magistrate’s Court and decide whether it was correct. This is called an appeal. If you want to appeal against a decision of a Magistrate’s Court, you must first get permission to appeal from that Magistrate’s Court. This permission is called ‘leave to appeal’. If this permission is refused, you can ask the High Court itself for permission to appeal.

If you think that the proceedings in the Magistrate’s Court were unfair or not according to the law, you can ask the High Court to review the case. Reviews happen automatically in certain circumstances. In other cases, you have to ask for a review.

Reviews happen automatically in certain circumstances, for example, when an accused represents themselves in a criminal trial. In other cases, you have to ask for a review.
(See Trials, appeals and reviews)