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Judiciary Of South Africa
The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa. The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country. The Judiciary interprets the law of South Africa, using as the basis of its interpretation the laws enacted by the South African Parliament as well as explanatory statements made in the legislature during the enactment. Chapter 8 of the Constitution of South Africa defines the structure of the South African judicial system. This chapter also guarantees the independence of the courts and requires other organs of the state to assist and protect the courts in order to ensure their "independence, impartiality, dignity, accessibility and effectiveness". In addition, Chapter 2 of the Constitution guarantees every person the right to have a dispute or trial heard by a fair, impartial and independent court. The judiciary of South Africa consists ...
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Courts Of South Africa Schematic
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ...
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Law Of South Africa
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in ...
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Department Of Justice And Constitutional Development
The Department of Justice and Constitutional Development is the justice department of the South African government. The department provides administrative and financial support to the court system and the judiciary (which are constitutionally independent of the executive), oversees the National Prosecuting Authority, provides legal advice and representation to organs of state, and facilitates law reform. The political head of the department is the Minister of Justice and Correctional Services, who is supported by a Deputy Minister of Justice. the minister is Ronald Lamola and the deputy minister is John Jeffery. In the 2020 budget, R22,410.8 million was appropriated for the Department of Justice and Constitutional Development, and a further R2,450.8 million for the Office of the Chief Justice and Judicial Administration. In the 2018/19 financial year the department had 22,050 employees, with a further 2,415 employees in the Office of the Chief Justice. References External l ...
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Government Of South Africa
The Republic of South Africa is a parliamentary republic with three-tier system of government and an independent judiciary, operating in a parliamentary system. Legislative authority is held by the Parliament of South Africa. Executive authority is vested in the President of South Africa who is head of state and head of government, and his Cabinet. The President is elected by the Parliament to serve a fixed term. South Africa's government differs greatly from those of other Commonwealth nations. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the South African Constitution as "distinctive, interdependent and interrelated". Operating at both national and provincial levels ("spheres") are advisory bodies drawn from South Africa's traditional leaders. It is a stated intention in the Constitution that the country be run on a system of co-operative governance. The national government is c ...
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Director Of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations. Australia Australia has a Commonwealth Director of Public Prosecutions, which was set up by the ''Director of Public Prosecutions Act 1983'' and started operations in 1984. The eight states and territories of Australia also have their own DPPs. The Office of DPP operates independently of Government. Ultimate authority for authorising prosecutions lies with the Attorney General. However, since that is a political post, and it is desired to have a non-political (public service) post carry out this function in most circumstances, the prosecutorial powers of the AG are normally delegated to the DPP. It is common for those who hold the office of Commonwealth or State DPP later to be appointed to a high judici ...
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South African National Assembly
The National Assembly is the directly elected house of the Parliament of South Africa, located in Cape Town, Western Cape. It consists of four hundred members who are elected every five years using a party-list proportional representation system where half of the members are elected proportionally from nine provincial lists and the remaining half from national lists so as to restore proportionality. The National Assembly is presided over by a Speaker, assisted by a Deputy Speaker. The current Speaker is Nosiviwe Mapisa-Nqakula who previously served as the Minister of Defence and Military Veterans. She was elected on 19 August 2021. The Deputy Speaker is Solomon Lechesa Tsenoli who has served in the post since his election on 21 May 2014. The National Assembly chamber was destroyed in a fire in January 2022. National Assembly sittings will now be held in the old Good Hope Chamber, which is within the precincts of parliament. Allocation The National Assembly seats are allocate ...
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President Of South Africa
The president of South Africa is the head of state and head of government of the Republic of South Africa. The president heads the executive branch of the Government of South Africa and is the commander-in-chief of the South African National Defence Force. Between 1961 and 1994, the office of head of state was the State President of South Africa, state presidency. The president is elected by the National Assembly of South Africa, National Assembly, the lower house of Parliament of South Africa, Parliament, and is usually the leader of the largest party, which has been the African National Congress since the first multiracial election was held on 27 April 1994. The Constitution limits the president's time in office to two five-year terms. The first president to be elected under the new constitution was Nelson Mandela. The incumbent is Cyril Ramaphosa, who was elected by the National Assembly of South Africa, National Assembly on 15 February 2018 following the resignation of J ...
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Parliament Of South Africa
The Parliament of the Republic of South Africa is South Africa's legislature; under the present Constitution of South Africa, the bicameral Parliament comprises a National Assembly and a National Council of Provinces. The current twenty-seventh Parliament was first convened on 22 May 2019. From 1910 to 1994, members of Parliament were elected chiefly by the South African white minority. The first elections with universal suffrage were held in 1994. Both chambers held their meetings in the Houses of Parliament, Cape Town that were built 1875–1884. A fire broke out within the buildings in early January 2022, destroying the session room of the National Assembly. The National Assembly will temporarily meet at the Good Hope Chamber. History Before 1910 The predecessor of the Parliament of South Africa, before the 1910 Union of South Africa, was the bicameral Parliament of the Cape of Good Hope. This was composed of the House of Assembly (the lower house) and the Legislati ...
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High Court Of South Africa
The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction over a defined geographical area in which it is situated. The decisions of a division are binding on magistrates' courts within its area of jurisdiction. The High Court has jurisdiction over all matters, but it usually only hears civil matters involving more than 400,000 rand, and serious criminal cases. It also hears any appeals or reviews from magistrates' courts and other lower courts. The court and its divisions are constituted in their current form by the Superior Courts Act, 2013. They replaced the previous separate High Courts, which had in 1997 replaced the provincial and local divisions of the former Supreme Court of South Africa and the supreme courts of the TBVC states ("Bantustans" created by the apartheid government in the 1950s). Important officers in ...
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Courts Of South Africa
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa. Despite South Africa's division into nine provinces, the country has a single national court system. The courts are funded and supported by the national Department of Justice and Constitutional Development. The ordinary courts are the district and regional magistrates' courts, the provincial divisions of the High Court, and the Supreme Court of Appeal. The Constitutional Court is the highest court for constitutional matters. Specialist courts have been established for various matters, including Labour Courts, the Land Claims Court, Special Income Tax Courts, and the Electoral Court. African customary law is administered by chiefs' and headmen's courts, subject to the National House of Traditional Leaders. ...
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Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdi ...
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