The High Courts can hear any type of criminal or civil case. The High Courts usually hear all the cases that are too serious for a magistrate’s court. It also hears appeals and reviews against judgments in the magistrate’s court. Cases in the high courts cost more money.
All cases in the High Courts are heard by judges. In civil cases usually only one judge hears the case. But if the case is on appeal then at least two judges must hear the case.

In criminal cases only one judge hears the case. Sometimes in very serious criminal cases the judge appoints two assessors to help a judge. Assessors are usually advocates or retired magistrates. 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.

The Judicial Services Commission recommends who should be appointed as judges to the president, who then appoints judges. Judges are paid by the state.

WHERE ARE THE HIGH COURTS?

APPEALS AND REVIEWS FROM A HIGH COURT

To appeal against a court’s decision means to ask a higher court to consider the evidence again and see whether the lower court was wrong in its decision.
If a matter is being appealed, new evidence will not be allowed. If your case was decided by only one judge, you can also appeal to have the matter considered again in the same court by three judges, called a full bench.
If you want to appeal against a decision of a high court to the Supreme Court of Appeal, you must first get permission to appeal from that High Court. This permission is called ‘leave to appeal’.

EXAMPLE: GETTING LEAVE TO APPEAL
If your case was heard in the KwaZulu-Natal High Court, then you must apply to the same High Court for leave to appeal to the Supreme Court of Appeal. If this permission is refused, you can ask the Supreme Court of Appeal itself for permission to appeal. The right to appeal is not an automatic right. Sometimes the judge will not give permission for you to take the case on appeal. (See page 124 What is an appeal?)
If you think that the proceedings in the High Court were unfair or not according to the law, you can ask for a review. Reviews happen automatically in certain circumstances. In other cases, you have to ask for a review. (See What is a review?)

CIRCUIT COURTS OF THE DIVISIONS OF THE HIGH COURT

Circuit courts are part of the High Court and aim to service people living in rural areas. The jurisdiction of a Circuit Court applies to specific areas within the High Court division. Circuit courts hear civil and criminal cases which are held at least twice a year. The cases are heard by judges from the High Court Division.