key to the study guide - Name

law and comprises the judgments of the Dutch courts until
approximately 1809, the judgments of the Cape Council of Justice
prior to 1827, the judgments of the courts of the four former
provinces (Transvaal, Orange Free State, Cape Province and Natal)
dating prior to 1910, and judgments of the South African courts after
1910.
In terms of the Constitution (Constitution of the Republic of South
Africa Act 108 of 1996) the South African court structure now looks
like this:
~
SOUTH AFRICAN COURTS
Constitutional court Supreme court of appeal
~
Superior courts Ð High courts
~ Ð Other superior courts of appeal
such as the income tax
appeal court and the labour
appeal court
Ð Other courts with the status of
superior courts such as the
water court, the special criminal
court, the special court for
promotion of competition, the
court of the commissioner of
patents and trade marks, the
labour court and the land
Lower courts
claims court
Ð Magistrates' courts
Ð Other courts with the status of
lower courts such as the maintenance
court, the children's
court, the small claims court,
the short process court, the
divorce court and the courts of
black chiefs and headmen.
The constitutional court is the highest court in all constitutional
matters (s 167(3)(a) of the Constitution), while the supreme court of
appeal is the highest court in all non-constitutional matters (s 168(3)
of the Constitution).
The high court is the old supreme court and at present consists of the
following divisions:
The Cape provincial division, the Eastern Cape provincial division, the
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