Magistrates' Courts
Updated: 4 days ago
The Magistrates’ Courts are the courts that many South Africans are most likely to encounter in everyday legal matters. They deal with a large volume of civil and criminal cases and are generally more accessible geographically than the superior courts.
South Africa’s Magistrates’ Courts are divided into District Courts and Regional Courts, each with different areas of jurisdiction and powers.
What is this court?
The Magistrates’ Courts form part of South Africa’s lower courts.
They operate throughout the country and hear matters that fall within the jurisdiction given to them by legislation.
There are two main types:
District Magistrates’ Courts
Regional Magistrates’ Courts
Regional Courts generally have wider jurisdiction than District Courts and may hear more serious criminal matters as well as certain civil and family-law matters that District Courts cannot hear.
What matters does it hear?
Magistrates’ Courts hear both civil and criminal matters, but the types of cases they may hear depend on whether the matter is before a District Court or Regional Court and on the jurisdiction given to the court by legislation.
Civil matters
District and Regional Courts may hear many ordinary civil disputes, including certain matters involving:
payment of money;
delivery or transfer of property;
eviction or ejectment;
credit agreements;
mortgage bonds; and
claims for damages.
Their jurisdiction may also depend on the value of the claim. The monetary limits are prescribed by law and may be changed, so anyone considering litigation should check the current jurisdictional limits rather than relying on an old amount.
Regional Courts also have jurisdiction over certain family-law matters, including:
divorce;
the nullity of a marriage or civil union;
related matters arising from divorce proceedings; and
certain matters under the Recognition of Customary Marriages Act.
Criminal matters
District Courts generally deal with less serious criminal offences.
Regional Courts deal with more serious criminal matters and may hear cases involving offences such as:
murder;
rape;
armed robbery; and
serious assault.
The sentencing powers of Regional Courts are also greater than those of District Courts. The exact powers of the court depend on the offence and the legislation that applies.
Who hears the case?
A case in a Magistrates’ Court is heard by a magistrate.
District Courts are generally presided over by District Magistrates, while Regional Courts are presided over by Regional Magistrates.
In certain matters, legislation allows a magistrate to be assisted by assessors, who may assist the court with questions of fact.
In criminal cases, the state is ordinarily represented by a prosecutor, while an accused person may be represented by a legal practitioner or, where permitted by law, may represent themselves.
In civil matters, the parties may similarly be legally represented or, depending on the circumstances and applicable rules, may conduct their own cases.
Can you appeal its decisions?
Yes, in appropriate circumstances.
A decision of a Magistrates’ Court may generally be appealed to the High Court that has jurisdiction over that Magistrates’ Court.
An appeal is not simply a new trial. The High Court considers whether the Magistrates’ Court reached the correct decision, based on the record and the legal issues raised on appeal.
Different procedural requirements apply depending on whether the matter is civil or criminal, and time limits and other formal requirements may apply.
The High Court also has the power to review proceedings of Magistrates’ Courts in appropriate circumstances.
Where is it located and how is it structured?
Magistrates’ Courts are situated throughout South Africa and serve particular geographical areas.
District Courts generally serve particular magisterial districts, while Regional Courts operate within broader regional divisions and may sit at designated places within those regions.
This means that a person ordinarily cannot simply choose any Magistrates’ Court in the country. The correct court may depend on factors such as:
where the defendant lives or carries on business;
where the events giving rise to the dispute occurred;
where property is situated; or
the specific legislation governing the matter.
The Department of Justice provides a court-finder and jurisdiction information service to assist members of the public in identifying the appropriate Magistrates’ Court.
Important to know
The distinction between District Courts and Regional Courts matters.
Regional Courts are not simply larger versions of District Courts. They have different jurisdiction and may hear matters that District Courts cannot.
Magistrates’ Courts are also courts of limited jurisdiction. This means that they may only exercise powers given to them by the Constitution and legislation.
An especially important constitutional limitation is that Magistrates’ Courts may not enquire into or rule on the constitutional validity of legislation or conduct of the President. Those questions must be dealt with by a court that has the constitutional power to decide them.
This does not mean that the Constitution is irrelevant in Magistrates’ Courts. Magistrates must still apply the law consistently with the Constitution and protect constitutional rights within the powers given to them.
It is also important not to confuse a Magistrates’ Court with a Small Claims Court. Small Claims Courts have their own procedures, jurisdiction and limitations, which we will cover separately.
Want to find your nearest Magistrates’ Court? The Department of Justice provides contact details and jurisdiction information for Magistrates’ Courts across South Africa. Find a Magistrates’ Court
Comments