Judicial System of South Africa

Supreme court: Supreme Court of Appeal

Ministry: Department of Justice and Constitutional Development

The common law is based on Roman-Dutch Law. The judicial system comprises the Supreme Court of Appeal, High Court and magistrates’ courts, as well as several special courts, including the special income tax courts, labour and labour appeal courts, and Land Claims Court.

The Supreme Court of Appeal, in Bloemfontein, is presided over by a President, and is supreme in all matters except those relating to the constitution, which together with human rights cases are the responsibility of the Constitutional Court, in Johannesburg. The High Court has at least one division in every province. Circuit Courts are part of the High Court, which move around the country sitting periodically in the more rural areas.

The High Court deals with appeals from the magistrates’ courts and the most serious civil and criminal cases, other less serious cases by the magistrates’ courts. Cases before the High Court are heard by a single judge, appeals by at least two judges.

Judges are appointed by the President of the republic with the advice of the Judicial Service Commission.