Chapter 5
Related Sections
1
INTRODUCTION
2
Where does the law come from?
3
Constitutional law
4
Statute law
5
Common law
6
Customary law
7
How is a court decision or judgment made?
8
Kinds of law: criminal and civil
9
STRUCTURE OF THE COURTS
10
The Constitutional Court
11
The Supreme Court of Appeal
12
The High Courts
13
Magistrates’ Courts
14
Small Claims Court (SCCs)
15
The Labour Court
16
The Land Claims Court
17
Who works in the legal system?
18
TRIALS, APPEALS, AND REVIEWS
19
What is a trial?
20
What is an appeal?
21
What is a review?
22
SETTLING DISPUTES OUTSIDE OF COURT
23
Negotiation
24
Mediation
25
Arbitration
26
THE CRIMINAL COURTS AND CRIMINAL CASES
27
Criminal charges
28
Bail
29
Steps in a criminal court case
30
Dealing with organised crime: The Prevention of Organised Crime Act
31
The Child Justice System
32
POLICE
33
Powers of the police to question
34
Powers of the police to search and seize
35
Powers of the police to arrest
36
Reporting a case of police misconduct
37
Community Police Forums
38
THE CIVIL COURTS AND CIVIL CASES
39
Civil claims
40
Steps in a civil claim in a magistrate’s court
41
Small Claims Court (SCC)
42
Equality Courts
43
Interdicts
44
Spoliation orders
45
USING AN ATTORNEY
46
Responsibilities of attorneys
47
When do you need an attorney?
48
How to find an attorney
49
How to pay for an attorney
50
Applying for legal aid
51
Legal aid clinics
52
Justice centres
53
University Legal Aid Clinics
54
Advice centres
55
Legal Resources Centres
56
Attorneys’ Associations
57
PROBLEMS
58
Problem 1: Which court should be used in each example?
59
Problem 2: Claim is too large for the Small Claims Court (SCC)
60
Problem 3: How urgent is the need for an interdict?
61
Problem 4: Passing the Legal Aid means test
62
Problem 5: Appealing against the decision of a magistrate
63
Problem 6: Failing to obey a court order
64
Problem 7: Refusing to give your name or address to the police
65
Problem 8: Police shoot and injure while making an arrest
66
Problem 9: Your right to appear in court within 48 hours of arrest
67
Problem 10. Police misconduct
68
MODEL LETTERS
69
Letter of Demand for the Small Claims Court
70
CHECKLISTS
71
Checklist: Particulars to take if someone has received a summons
72
Checklist: Particulars to take if someone has already appeared in court on a criminal charge

STRUCTURE OF THE COURTS

NSERT CHART BELOW: THE COURTS IN SOUTH AFRICA AND APPEAL AND REVIEW PROCEDURES

The courts are used to make people obey the law. They do this by deciding disputes brought to them.
The ordinary courts are:

  • Constitutional Court
  • Supreme Court of Appeal
  • High Courts
  • High Courts in different provinces
  • Local divisions, for example Witwatersrand Local Division
  • Magistrates’ Courts
  • Regional Magistrates’ Courts
  • Ordinary Magistrates’ Courts
  • Small Claims Courts
  • Community Courts and Courts of Chiefs and Headmen

Courts that deal with special kinds of cases:

  • Labour Appeal Court: deals with appeals from the Labour Court
  • Labour Court: deals with disputes under the Labour Relations Act
  • Land Claims Court: deals with land claims and land tenure issues
  • Family Courts: deal with family matters, like divorce (fall under Regional Courts)
  • Maintenance Courts
  • Juvenile Courts
  • Children’s Courts
  • Sexual Offences Courts
  • Tax Courts
  • Water Tribunal
  • Equality Courts
  • Chiefs and Headmen’s Courts: deal with customary law matters; anyone dissatisfied with the decision in a Chief’s or Headman’s Court can take their matter to the ordinary courts.

Statutory Bodies
These are bodies that have the authority to assist in resolving legal disputes.
These bodies are established in terms of legislation and get their authority from legislation. It is usually cheaper to use these bodies than the courts and disputes are resolved much faster. Examples of statutory bodies include:

  • CCMA established in terms of the Labour Relations Act
  • Housing Rental Tribunal established in terms of the Housing Rental Act
  • Pension Funds Adjudicator established in terms of the Pension Funds Act

THE COURTS IN SOUTH AFRICA AND APPEAL AND REVIEW PROCEDURES