Makhanya v University of Zululand - LexisNexis South Africa

11the order either permits or denies to the claimant the right to call into playthe apparatus of the state to enforce the claim.[23] The original power of the state to bring disputes to an end (its judicialauthority) is assigned in this country to the high courts by the Constitution. 18(I speak in general terms and do not deal with limitations that are notrelevant to this case.) Judicial power is the power both to uphold and todismiss a claim. It is sometimes overlooked that the dismissal of a claim isas much an exercise of judicial power as is the upholding of claim. A courtthat has no power to consider a claim has no power to do either (other thanto dismiss the claim for want of jurisdiction).[24] In general the high courts thus exercise the original authority of thestate to resolve all disputes, of any kind, that are capable of being resolvedby a resort to law, unless that authority has been assigned to another court.When a high court resolves a contractual claim it exercises that originaljurisdiction. When it considers a claim for enforcement of a constitutionalright it exercises that original jurisdiction. So too when it enforces astatutory right.[25] But the state might also create special courts to resolve disputes of aparticular kind. Generally those will be disputes concerning the infringementof rights that are created by the particular statute that creates the specialcourt (though that will not always be so). When a statute confers judicialpower upon a special court it will do so in one of two ways. It will do soeither by (a) conferring power on the special court and simultaneously (b)18Section 169 of the Constitution quoted above. Other courts have such powers as may be assigned to themby legislation.