Specialised Courts and Tribunals
Updated: 4 days ago
Not every legal dispute in South Africa is dealt with through the ordinary court hierarchy. Some areas of law require specialised knowledge, procedures or forms of dispute resolution, and South Africa therefore has specialised courts, designated court services and statutory tribunals that deal with particular types of matters.
It is important to distinguish between them. A specialised court is still a court, while a tribunal is generally a statutory adjudicative body created for a particular area of law. Some specialist services, such as Equality Courts and Children’s Courts, operate through existing High Courts or Magistrates’ Courts rather than forming an entirely separate level of the court hierarchy.
The Office of the Chief Justice currently identifies the Competition Appeal Court, Electoral Court, Land Court, Labour Court and Labour Appeal Court as South Africa’s specialised superior courts.
Specialised Courts
Labour Court
The Labour Court specialises in labour and employment disputes. It deals with matters falling within legislation such as the Labour Relations Act, including certain disputes concerning dismissals, unfair labour practices, strikes, retrenchments and other employment-related matters.
The Labour Court has the same status as a High Court. It operates nationally, with courts sitting in Johannesburg, Cape Town, Durban and Gqeberha. Appeals from the Labour Court ordinarily proceed to the Labour Appeal Court.
Labour Appeal Court
The Labour Appeal Court primarily hears appeals against decisions of the Labour Court.
It is a specialist appellate court within the labour-law system. A party cannot simply appeal every Labour Court decision automatically. The relevant requirements for leave to appeal must be satisfied.
In appropriate cases, a labour matter may ultimately reach the Constitutional Court, provided that the Constitutional Court has jurisdiction and grants leave to appeal.
Land Court
The Land Court deals with specialised land matters, particularly those connected with land reform, restitution and land tenure.
The Land Court Act 6 of 2023 established the present Land Court and came substantially into operation on 5 April 2024. The Court has jurisdiction throughout South Africa and may also hear certain appeals arising from Magistrates’ Courts where legislation gives it appellate jurisdiction. Its seat is in Johannesburg, although it may sit elsewhere where the interests of justice require it.
Depending on how the original matter was heard and whether leave to appeal is granted, an appeal from the Land Court may proceed to a full court or the Supreme Court of Appeal.
Competition Appeal Court
The Competition Appeal Court specialises in competition law.
It principally considers appeals from and reviews of decisions of the Competition Tribunal, which deals with matters such as prohibited anti-competitive conduct and mergers. The Competition Appeal Court forms part of the specialised superior court structure and is administered within the national judiciary.
Electoral Court
The Electoral Court deals with disputes involving electoral law.
Among its functions, it can review certain decisions of the Electoral Commission of South Africa (IEC) and hear electoral disputes and appeals provided for by electoral legislation. Because election disputes often need to be resolved quickly, the Court plays a particularly important role during election periods.
The Electoral Court is administered from Bloemfontein and has jurisdiction in electoral matters across South Africa.
Specialist Courts and Forums Serving Particular Types of Matters
These bodies require a little more explanation because not all of them are separate courts in the same sense as the Labour Court or Electoral Court.
Tax Court
The Tax Court hears appeals involving disputes between taxpayers and the South African Revenue Service (SARS).
A Tax Court ordinarily consists of a High Court judge, together with an accountant member and a commercial member. Certain particularly large matters may be heard by more judges. Appeals from the Tax Court may, subject to the applicable requirements, proceed to a full bench of the High Court or directly to the Supreme Court of Appeal.
Equality Courts
Equality Courts deal with complaints concerning matters such as unfair discrimination, hate speech and harassment under the Promotion of Equality and Prevention of Unfair Discrimination Act.
They are not a completely separate court system. Every High Court is an Equality Court for its area of jurisdiction, and Magistrates’ Courts have also been designated to sit as Equality Courts. The process was designed to make equality-related complaints more accessible to members of the public.
Children’s Courts
A Children’s Court deals with matters concerning the care and protection of children.
Every Magistrates’ Court is a Children’s Court. These courts may, for example, deal with children who are abandoned, abused, neglected or otherwise in need of care and protection. A Children’s Court does not conduct criminal trials of children.
Child Justice Courts
A Child Justice Court deals with criminal proceedings involving children accused of offences.
Importantly, this is not necessarily a particular building called a Child Justice Court. Under the Child Justice Act, any court dealing with the bail application, plea, trial or sentencing of a child is regarded as a Child Justice Court for that matter.
Sexual Offences Courts
Sexual Offences Courts are specialised Regional Courts designed to deal with sexual-offence cases in a way that improves the handling of these matters and reduces secondary trauma for victims.
Some operate exclusively as Sexual Offences Courts, while a hybrid Sexual Offences Court gives priority to sexual-offence cases but may also hear other matters. They are therefore specialised Regional Courts rather than a separate level of the judiciary.
Specialised Commercial Crimes Courts
The Specialised Commercial Crimes Courts operate at Regional Court level and deal with serious commercial and organised commercial crime.
These courts work alongside specialised investigators and prosecutors dealing with commercial crime. They are specialised Magistrates’ Courts rather than a separate superior court structure.
Maintenance Courts
Maintenance matters are dealt with through Magistrates’ Courts across the country.
The Department of Justice specifically notes that a Maintenance Court is not a specialised court in the strict sense, although maintenance matters are commonly referred to as being dealt with in the “Maintenance Court”. Maintenance officers assist with applications and the administration of maintenance matters.
Community Courts
Community Courts are ordinary District Magistrates’ Courts that use a more community-focused model, including restorative justice and diversion in appropriate matters.
They do not form a separate tier of the judiciary. The government describes them as normal District Courts operating in partnership with communities and other role-players.
Traditional Courts
Traditional courts form part of South Africa’s customary dispute-resolution landscape.
The Traditional Courts Act 9 of 2022 was enacted to create a uniform constitutional framework for traditional courts. However, as at September 2026, the Act has not yet been brought fully into operation, and implementation work is continuing. The Department of Justice confirmed in August 2026 that implementation requires, among other things, provincial registrars, clerks, administrative systems and training.
This area therefore remains subject to transitional legal arrangements and should be approached with particular care.
Military Courts
South Africa also has a separate military justice system for members of the South African National Defence Force.
Military courts are governed by specialised defence legislation, including the Military Discipline Supplementary Measures Act. They deal with military discipline and offences within the military justice framework rather than ordinary disputes involving members of the general public.
Tribunals
Tribunals are different from courts. They are usually created by legislation to resolve disputes or hear appeals in a particular field. Their powers, procedures and appeal or review mechanisms depend on the legislation that created them.
Competition Tribunal
The Competition Tribunal is an independent adjudicative body established under the Competition Act.
It considers matters referred to it under competition legislation, including prohibited practices and mergers. The Competition Commission generally investigates and refers relevant matters, while the Tribunal adjudicates them. Decisions of the Tribunal may, where permitted, be appealed or reviewed by the Competition Appeal Court.
National Consumer Tribunal
The National Consumer Tribunal adjudicates matters arising principally under the National Credit Act and Consumer Protection Act.
It may consider prohibited conduct, applications and referrals involving consumer credit and consumer protection, and can make orders and impose remedies within the powers given to it by legislation.
Companies Tribunal
The Companies Tribunal deals with certain matters arising under the Companies Act.
Its work includes matters such as company-name disputes, certain directorship disputes, reviews of particular CIPC decisions, exemptions and other company-law applications. It also performs alternative dispute-resolution functions.
Rental Housing Tribunals
Each province is required to have a Rental Housing Tribunal.
These tribunals deal with certain disputes between residential landlords and tenants, providing a statutory dispute-resolution mechanism outside ordinary civil litigation.
This makes Rental Housing Tribunals particularly relevant to ordinary members of the public experiencing rental disputes.
Water Tribunal
The Water Tribunal hears certain appeals against decisions made under the National Water Act, including decisions relating to matters such as water-use licences.
It is an independent statutory body and may conduct hearings in different parts of South Africa.
Financial Services Tribunal
The Financial Services Tribunal was established under the Financial Sector Regulation Act.
It reconsiders certain decisions made by financial-sector decision-makers where legislation gives an aggrieved person the right to apply for reconsideration. It is an independent tribunal and replaced the former Financial Services Board Appeal Board.
Independent Tribunal for Social Assistance Appeals
The Independent Tribunal for Social Assistance Appeals considers appeals against certain decisions made by the South African Social Security Agency, commonly known as SASSA.
It provides an independent mechanism for people who have been refused a social grant or are otherwise dissatisfied with an appealable SASSA decision.
Tax Board
The Tax Board hears certain smaller tax appeals.
Although it performs an adjudicative function, SARS expressly describes it as an administrative tribunal rather than a court under section 166 of the Constitution. Where the applicable requirements are met, a taxpayer or SARS dissatisfied with its decision may have the matter heard afresh by the Tax Court.
Special Tribunal
The Special Tribunal deals with civil proceedings aimed at recovering state assets and public funds connected with serious maladministration, corruption, fraud and unlawful conduct investigated by the Special Investigating Unit.
It operates under the Special Investigating Units and Special Tribunals Act and is designed to provide a specialised and more expeditious process for these civil recovery proceedings.
Important to know
A specialist body should not be chosen simply because a dispute appears to relate generally to its subject matter. Jurisdiction is determined by legislation, and the correct forum may depend on exactly what happened, who the parties are, the remedy being sought and whether another process must first be completed.
There are also other specialist dispute-resolution institutions in South Africa, including ombuds, commissions, adjudicators, bargaining councils and regulatory appeal bodies. They are not all courts or tribunals and should not be presented as though they have the same legal status. Where one of those bodies is relevant to a topic on Umthetho waseMzansi, we can link it naturally within that content rather than turning this Courts page into a directory of every dispute-resolution institution.
In simple terms: specialised courts and tribunals exist because some disputes require a forum designed specifically for that area of law. The name of the institution matters, because a court, tribunal, commission and ombud are not interchangeable and may have very different powers and procedures.
Comments