Different courts and types of cases
In South Africa, there are different courts for different purposes, such as labor disputes, criminal cases and civil cases to name a few. Courts have “jurisdiction” – the right to hear a case – over certain areas of the law. Civil litigation refers to legal proceedings against other persons, companies, etc for compensation or to enforce certain legal rights. Civil litigation is commenced by suing another party for what you believe you are entitled to. Criminal cases refer to legal proceedings where someone has broken the law, is charged, prosecuted and punishment is enforced by the state. When you are injured and wish to claim compensation, you would do this by with of legal proceedings (civil litigation) in a Magistrate or High Court.
It is important to note that in civil claims, the purpose is only to get compensation for the loss one has suffered, such as loss of income. The Courts, for example, do not take any disciplinary steps against medical professionals for negligence or unethical treatment. Medical practitioner’s right to practice and disciplinary steps are regulated by certain bodies to which they belong. An example would be HPSCA (Health Professions Council of South Africa) where such complaints may be laid.
For more information on laying a complaint about unprofessional treatment, click here.
What is the difference between the Magistrates’ Court and the High Court?
The Civil Courts in South Africa are divided into Magistrates (lower) and Higher Courts. The Court you would use would depend on the type of claim you want to make, the area where the negligence or dispute occurred, the area where the parties live and the amount of compensation claimed. Claims which are brought in the wrong court may result in a claim being dismissed and duty to pay the other party’s legal costs.
To read more about the different Courts in South Africa, click here.
Magistrates’ Courts
Magistrates’ Courts are the lower courts which deal with less serious criminal and civil cases. They are divided into Regional and District Magistrates Courts. There are also divisions in Magistrates’ courts that deal with certain types of matters, such as maintenance, children, sexual offenses courts, etc. In criminal courts, the state prosecutes people for breaking the law through prosecutors appointed by the National Prosecuting Authority.
The District Magistrates’ Courts decide the less serious cases. They cannot try cases of murder, treason, rape, terrorism, or sabotage. They can sentence a person to a maximum of 3 years in prison or a maximum fine of R100 000. They also cannot deal with certain matters, such as divorce, arguments about a person’s Will, and matters where they have to determine a person’s sanity or competence/capacity to represent themselves.
Magistrates’ Courts can hear civil cases when the claims are for less than R200 000.00 in the District Court and R 400 000.00 in the Regional Court. These figures are determined by the government and published in the Government Gazette.
Therefore claims of R 400 000.00 and more cannot be brought in a Magistrates’ Court and must be brought in the High Court.
This is why claims for serious injuries due to road accidents or medical negligence are done via the High Court.
The Gazette with the Magistrates’ Court Jurisdictions can be found here: View gazette
High Courts (Previously known as Supreme Courts)
The High Courts can decide on serious criminal or civil cases. They can decide on any case which is too serious for the Magistrates’ Court or when a person appeals to a case that was decided in the Magistrates’ Court. The High Court usually hears any matter involving a person’s status (for example, adoption, insolvency, etc.). The most serious criminal matters are heard in the High Court.
As mentioned above, the amount claimed influences whether you would institute a case in the Magistrates or High Court. In the High Court, only Attorneys and Advocates who have a special right of appearance may represent clients in their cases. The fees paid for High Court matters are higher than in Magistrates Court cases, in most cases, this is because the matters in the High Court are more complicated and would require special legal experience.
There are currently fourteen provincial divisions of the High Court situated in the different provinces. The Courts have new names (such as the Gauteng Division Pretoria) but are listed here with their old names based on their geographical position.
- North Gauteng High Court (Pretoria)
- South Gauteng High Court (Johannesburg)
- KwaZulu- Natal High Court (Durban)
- KwaZulu-Natal High Court (Pietermaritzburg)
- Limpopo High Court (Thohoyandou)
- Northern Cape High Court (Kimberley)
- North West High Court, Mafikeng (Mmabatho)
- Polokwane Circuit Court of the North Gauteng High Court, Pretoria
- Western Cape High Court (Cape Town)
- Eastern Cape High Court (Bhisho)
- East Eastern Cape High Court (Grahamstown)
- Eastern Cape High Court (Mthatha)
- Eastern Cape High Court (Port Elizabeth)
- Free State High Court (Bloemfontein)
If you need to claim compensation for loss of income, ability to work, or medical expenses due to disability or serious injury, you should contact a litigation attorney to advise you on your options and which court would be suitable to your needs.