If a child is convicted, it may be to work for the community, reimburse the aggrieved person, or be sent to a child or youth centre focused on changing children who have committed crimes and others. Sending a child to prison must be the last option and if it is done, it must be for the shortest possible time. The origins of the High Court lie in the supreme courts of the four colonies (Cape Colony, Transvaal Colony, Natal Colony and Orange River Colony) from which the Union of South Africa was formed; these became provincial divisions of the Supreme Court of South Africa. After nominal independence, the Bantustans of Transkei, Bophuthatswana, Venda and Ciskei established their own supreme courts; upon their reintegration in South Africa on the 27th. In April 1994, these courts were given the same status as the provincial divisions of the Supreme Court of South Africa. South Africa is divided into about 350 Magister districts; Each district is served by a district court. In criminal cases, the district courts have jurisdiction over all crimes except treason, murder and rape, and may impose imprisonment for up to three years and a fine of up to R120,000. [1] They may hear civil cases where the value of the claim does not exceed R200,000. [2] The online court system will provide, among other things, a platform for law firms and litigants to submit documents electronically to court via the Internet.

The online court system is designed to take full advantage of ICT pioneers not only to minimize the physical flow of people and paper court documents from parties to courts, but also to take advantage of electronic storage within courts (faster filing and retrieval of documents, elimination of incorrect placement of records, simultaneous access to the same case submitted by different parties). The full implementation of the e-justice system will improve access to quality justice for all. The Magistrates` Courts are the lower courts which hear less serious criminal and civil cases. They are divided into regional courts and district courts. In criminal courts, the state prosecutes people who break the law. Criminal courts can be divided into two groups: these courts can be called “district courts”, which deal with the same cases as the normal district court, except that they deal only with minor offences such as shoplifting, minor theft, minor gambling, minor traffic offences, drunkenness, drinking alcohol in public, seditious behavior, failure to comply with a lawful order of a police officer. various railway offences, joint injuries, etc. The Supreme Court of Appeal is a court of appeal. It hears appeals against judgments referred to it by the High Courts. The Supreme Court of Appeal only hears appeals from the High Court or other courts with a status similar to that of the High Court. The court sits in Bloemfontein; the President of the Tribunal is called the President of the Supreme Court of Appeal. It has its origins in the Appellate Division of the Supreme Court of South Africa, which was created by the South Africa Act when the Union of South Africa was created.

No other court may annul a judgment of the Constitutional Court. The decision on who gets custody is sometimes decided by a court when the parties disagree. For more information on each of these courts, please contact the Department of Justice and Constitutional Development. The Truth and Reconciliation Commission is not a court as such, but another type of forum set up to deal with crimes related to apartheid policies. The Amnesty Committee had the power to grant amnesty (meaning the perpetrator cannot be prosecuted) for politically motivated crimes that were fully and honestly confessed to under certain conditions. The Constitutional Court of South Africa is the country`s highest court for the interpretation, protection and application of the Constitution. It deals exclusively with constitutional issues – cases that raise questions about the application or interpretation of the Constitution. Parliament has set up specialised courts to deal with specific areas of law or types of cases. In some cases, these courts have exclusive jurisdiction and cases are excluded from the jurisdiction of the High Court and the Magistrates` Courts.

Over the course of the medium-term spending framework, the Office of the Chief Justice will focus on improving access to justice and superior court services, improving access to legal education courses, and implementing initiatives to address the impacts of COVID-19. To ensure the safety of its staff and families, the Office of the Chief Justice plans to conduct COVID-19 training and training programs for 190 security officers in 2021-2022. This is foreseen under the management programme, in which expenditure is expected to increase from R218.8 million in 2020/21 to R239.3 million in 2023/24. Anyone can take a case to the Equality Tribunal, even if you are not directly involved in what happened. This means that a complaint can be filed in court against a person or organization that you believe has not respected the rights of another person. Equality tribunals hear complaints of unfair discrimination, hate speech or harassment. If you believe that you or someone has been mistreated because of hatred or prejudice due to any of the following: – District courts hear civil cases with claims below R200,000 and less serious criminal cases involving crimes other than rape, murder or treason. The Land Claims Court, which has a status similar to that of a division of the High Court, hears claims for restitution or compensation in lieu of restitution to individuals or communities expropriated from land under racially discriminatory laws. It also deals with other cases involving agricultural workers and others who do not have guaranteed rights to the land on which they live. With the exception of the Constitutional Court, no other court may modify a decision of the Supreme Court of Appeal.

Only the Supreme Court of Appeal can change one of its own decisions. Three to five judges listen to and rule on all Supreme Court of Appeal cases. The final decision of the Supreme Court of Appeal is supported by most of the judges hearing the case. The divisions of the High Court have “jurisdiction” – the right to hear a case – over defined provincial areas in which they are located, and decisions of the High Courts are binding on the Magistrates` Courts under their jurisdiction. As a rule, they only hear civil cases involving more than R100,000 and serious criminal cases. They also hear appeals or reviews by the Magistrates` Courts which fall within their geographical jurisdiction. The High Court generally deals with all matters relating to a person`s status (e.g. adoption, bankruptcy, etc.). The provincial divisions of the High Court of South Africa have general jurisdiction over their defined areas. They hear appeals from the Magistrates` Courts located in their territory and act as the court of first instance in cases which do not fall within the jurisdiction of the Magistrates` Courts.

The current divisions of the High Court are as follows: The most serious criminal cases are heard by the High Court. There are also a number of district courts specializing in dealing with certain types of cases, such as juvenile courts, sexual offence courts, etc. A list of magistrates` courts in the Western Cape can be found here. The Committee on Human Rights Violations decided on measures that constituted human rights violations on the basis of statements made to the Truth and Reconciliation Commission. Once victims of serious human rights violations had been identified, they were referred to the Committee for Reparation and Rehabilitation, which decides on compensation for victims. The work of the TRC is nearing completion. Those who have not been amnestied by the TRC for crimes committed during apartheid can be prosecuted. The Supreme Court of Appeal has its seat in Bloemfontein, Free State. With the exception of the Constitutional Court, it is the highest court in South Africa and only deals with cases referred to it by the Supreme Court. The Constitutional Court is the court of appeal of last resort for all cases (which are no longer limited to constitutional matters) and its decisions are binding on all other courts in South Africa. It has the power to make the final decision on the constitutionality of an Act of Parliament or a provincial parliament; Although a Supreme Court or the Supreme Court of Appeal may issue an order declaring an act unconstitutional, the order does not enter into force until the Constitutional Court confirms it.

A judgment or order of small claims courts cannot be appealed. However, the case may be referred back to the High Court for consideration on three grounds, namely: lack of jurisdiction of the court; Interest in the case, bias, malice or corruption on the part of the Commissioner and gross irregularities in the procedure.