Supreme Court of Appeal
Updated: 4 days ago
The Supreme Court of Appeal (SCA) is one of South Africa’s superior courts and is based in Bloemfontein in the Free State. As its name suggests, its primary function is to hear appeals, rather than cases being brought to court for the first time.
What is this court?
The Supreme Court of Appeal is South Africa’s highest court of appeal below the Constitutional Court.
It is the successor to what was previously known as the Appellate Division. Today, its powers are principally governed by section 168 of the Constitution.
Unlike a High Court, the SCA generally does not conduct trials or hear new cases from the beginning. It considers whether a court whose decision is being appealed reached the correct decision according to law.
What matters does it hear?
The Supreme Court of Appeal primarily hears appeals from the High Court of South Africa and courts with a status similar to the High Court. These appeals may involve a wide range of legal matters, including:
civil disputes;
criminal cases;
constitutional issues;
the interpretation and application of legislation; and
other questions of law arising from decisions of the courts below.
There are exceptions. The Constitution specifically recognises that the SCA's jurisdiction over labour and competition matters may be limited by legislation, as these areas have their own specialised appeal structures.
The SCA generally decides cases using the record of the proceedings in the court below, together with written and oral legal arguments presented on appeal. It is therefore not ordinarily a court in which witnesses are called and the entire case is tried again.
Who hears the case?
The Supreme Court of Appeal consists of:
the President of the Supreme Court of Appeal;
the Deputy President of the Supreme Court of Appeal; and
a number of Judges of Appeal.
Appeals are heard by a panel of judges rather than by a single judge. Ordinarily, a matter may be heard by three or five judges, depending on the nature and importance of the appeal. The decision of the Court is determined by the majority of the judges hearing the matter.
Can you appeal its decisions?
Potentially, yes, but an appeal from the Supreme Court of Appeal to the Constitutional Court is not automatic.
A person seeking to take a matter further must satisfy the requirements for the Constitutional Court to hear the case and ordinarily needs leave to appeal.
The Constitutional Court may hear constitutional matters and other matters where it grants leave because the case raises an arguable point of law of general public importance that ought to be considered by it.
This means that simply being dissatisfied with the SCA's decision does not automatically provide another appeal. The matter must fall within the Constitutional Court's jurisdiction, and the Constitutional Court must agree to hear it.
Where is it located and how is it structured?
There is one Supreme Court of Appeal for South Africa, and it is situated in Bloemfontein, Free State.
Its current official address is:
Supreme Court of Appeal
Corner Mirriam Makeba and President Brand Streets
Bloemfontein
Free State
9301
Although the SCA is physically located in Bloemfontein, it hears appeals arising from High Courts and courts of similar status across South Africa.
Important to know
The word “appeal” is important. An appeal is not simply an opportunity to have an entire case heard again because one party is unhappy with the outcome.
An appeal generally asks a higher court to consider whether the court below made an error that justifies interfering with its decision. A person will ordinarily also require leave to appeal before an appeal can proceed.
The SCA may decide constitutional matters within its jurisdiction. However, if it declares an Act of Parliament, a provincial Act or conduct of the President constitutionally invalid, that declaration has no force unless it is confirmed by the Constitutional Court.
The Supreme Court of Appeal therefore plays an important role in the South African judicial system by reviewing decisions of lower courts on appeal, resolving important questions of law and promoting consistency in the interpretation and application of the law.
Want to learn more? Visit the official Supreme Court of Appeal website for judgments, court information and other resources. Visit the Supreme Court of Appeal
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