Courts and Administration of Justice Legislation
What this domain tests
This domain tests the court structure and administration under the Superior Courts Act 10 of 2013, the Magistrates' Courts Act 32 of 1944, and the Constitutional Court framework. Expect questions on hierarchy, jurisdiction, and judicial administration.
Core rules and concepts
- The Constitutional Court is the highest court in constitutional matters and may confirm orders of constitutional invalidity.
- The Supreme Court of Appeal hears appeals and may decide any matter, except constitutional matters reserved to the Constitutional Court.
- The High Court has jurisdiction in its area and may hear constitutional matters not reserved to the Constitutional Court.
- Magistrates' courts are creatures of statute. Their civil jurisdiction is limited by monetary thresholds and by the type of relief they may grant.
- The Superior Courts Act regulates judicial management, court administration, registrars, and the functioning of superior courts.
Worked example
A plaintiff claims an amount above the district magistrates' court limit. Reasoning: the Magistrates' Courts Act sets monetary limits. A claim above the limit falls outside the district court's jurisdiction unless the parties consent or the claim is within another permitted category. The correct route may be the regional court or the High Court, depending on the amount and the nature of the claim.
Traps that cost marks
- Assuming all magistrates' courts have the same monetary jurisdiction.
- Confusing the SCA's appellate role with the Constitutional Court's confirmation role.
- Treating the Superior Courts Act as regulating magistrates' courts.
- Forgetting that jurisdiction depends on both amount and type of relief.