Government of South Africa - Judicial

Judicial

The third branch of the national government is an independent judiciary. The judicial branch interprets the laws, using as a basis the laws as enacted and explanatory statements made in the Legislature during the enactment. The legal system is based on Roman-Dutch law and English common law and accepts compulsory ICJ jurisdiction, with reservations. The constitution's bill of rights provides for due process including the right to a fair, public trial within a reasonable time of being charged and the right to appeal to a higher court. To achieve this, there are four major tiers of courts:

• Magistrates' Courts – The court where civil cases involving less than R100 000, and cases involving minor crimes, are heard.
• High Courts – The court of appeal for cases from the magistrates courts, as well as the court where major civil and criminal cases are first heard.
• Supreme Court of Appeal – The final court of appeal for matters not pertaining to the constitution.
• Constitutional Court – The final court of appeal for matters related to the constitution

In addition provision is made in the constitution for other courts established by or recognised in terms of an Act of Parliament.