key to the study guide - Name

12
2.4 The magistrates' courts and other lower courts
The magistrates' courts and other lower courts are characterised by the
following:
(1) They are bound by the judgments of the constitutional court and the
supreme court of appeal and may not deviate from these judgments.
(2) In the absence of a decision by the constitutional court or the supreme
court of appeal, a magistrate's court (or any other lower court) is
bound by the judgments of the provincial or local division of the high
court of the province in which it is situated, in the following order of
precedence
(a) a court of three judges
(b) a court of two judges
(c) a court of one judge
(3) In the absence of a judgment as mentioned in (2) above, the
magistrate's court or other lower court is bound by the judgments of
any division of the high court in the same order of precedence as set
out above in (2) or of other superior courts, such as the labour appeal
courtorthewatercourt.
(4) One magistrate is not bound by the judgments of another, mainly
because the judgments of magistrates' courts are not reported.
Any court may deviate from a judgment by which it is normally bound, if
the judgment was made per incuriam, that is, if existing applicable
legislation was overlooked.
In brief
For purposes of the precedent system, the order of importance of our
courts is as follows:
(1) constitutional court
(2) supreme court of appeal
(3) superior courts eg the high court (different divisions)
(a) three judges
(b) two judges
(c) one judge
(4) lower courts