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The Small Claims Court

These courts are used to settle minor civil disputes. Legal representation is not allowed and the proceedings are less formal. There is no magistrate or judge in the Small Claims Court. The presiding officer is a Commissioner who is usually a practicing advocate or an attorney who acts as a commissioner free of charge.

Small Claims Courts have jurisdiction to hear any civil matter involving a capped amount which is currently set at R20,000.00 (this amount is determined by the Minister from time to time and published in the Government Gazette (GG 42282, GoN 296, 05 Mar 2019).

A Small Claims Court can be found at every Magistrates’ Court. To have your matter heard and adjudicated start by contacting the Clerk of the Court at your nearest Magistrates’ Court. Follow this guide SCC Step by Step Guide.

The Magistrates’ Court

The Magistrates’ Courts are the lower courts which deals with less serious criminal and civil cases. It is divided into regional and district courts and encompasses Criminal Courts, Equality courts, Maintenance Courts, Sexual Offences Courts, Children’s Courts and Divorce Courts.

The various courts’ jurisdiction is specifically defined in the Magistrates’ Court Act 32 of 1944 but a rule of thumb is that the ‘plaintiff follows the defendant’ i.e. you institute action in the court of the district where the person you claim against finds itself.

Find a Magistrates’ Court in your area here: justice.gov.za/maps/maps.html

The High Court

There are nine provincial and five local divisions of the High Court:

Eastern Cape Division at Grahamstown (-33.311400, 26.525100; 104 High St, Grahamstown, Makhanda, 6139) with local seats at:
- Bhisho (-32.849444, 27.438056; Phalo Ave, Bisho Central, Bisho, 5605),
- Mthatha (-31.588611, 28.790000; 47 Madeira St, Norwood, Mthatha, 5100); and
- Port Elizabeth (-33.958056, 25.600000; 24 Mangcaka Street, Gqeberha, 6001)
Free State Division at Bloemfontein (-29.116667, 26.216667; Bloemfontein Central, Bloemfontein, 9301)
Gauteng Division at Pretoria (-25.744600, 28.187400; Paul Kruger & Madiba St, Pretoria Central, Pretoria, 0002) with a local seat at Johannesburg (-26.204444, 28.045556; 52-46 Kruis St, Johannesburg, 2000)
KwaZulu-Natal Division at Pietermaritzburg (-29.599400, 30.380400; 301 Church Street, Pietermaritzburg, 3200) with a local seat at Durban (-29.86198991929113, 31.019662139564982; 12 Dullar Omar Road, Durban, 4001)
Limpopo Division at Polokwane (-23.912400, 29.453800; 42 Landdros Mare St, Polokwane Central, Polokwane, 0700) with local seats at Thohoyandou (-22.950000, 30.483333; DR Muremela Medical Centre Office No:12 P.EAST, Thohoyandou, 0950) and Lephalale (-23.666667, 27.750000)
Mpumalanga Division at Mbombela (-25.473031602256484, 30.96155601532038; 52 Acacia Cres, West Acres, Mbombela, 1211) with a local seat at Middelburg (-25.7618594708234, 29.457766105240392; 28 Or Tambo St, Middelburg, 1055)
North West Division at Mahikeng (-25.835235053702988, 25.610198967173137; University Dr, Mmabatho Unit 4, Mmabatho, 2790)
Northern Cape Division at Kimberley (-28.7457244086749, 24.768695968425483; Chapel St, Civic Centre, Kimberley, 8300)
Western Cape Division at Cape Town (-33.92485302179223, 18.417632910169385; Keerom St, CBD, Cape Town, 8000)

The Labour Court & Labour Appeal Court

The Labour Court’s status is similar to a High Court’s and deals with labour law and the relationship between employer, employee and trade union and in particular cases arising under the Basic Conditions of Employment Act (South Africa), the Labour Relations Act and the Employment Equity Act.

The Labour Appeal Court’s status is similar to the Supreme Court of Appeal and hears appeals from the Labour Court. There is no further appeal except on constitutional matters, in which case appeals may be heard by the Constitutional Court.

There are four labour courts in the country located at Johannesburg, Cape Town, Durban and Port Elisabeth. The Labour Appeal Court is also situated in Johannesburg.

Labour Court, Gauteng, Johannesburg: 86 Juta Street, Arbour Square Building, 6th and 7th Floors, corner Juta and Melle Streets, Braamfontein 2001.
Labour Court, Western Cape, Cape Town: Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001.
Labour Court, Kwa-Zulu Natal, Durban: LIBERTY LIFE HOUSE, 1st Floor, 269 Anton Lembede Street, Durban.
Labour Court, Eastern Cape, Port Elisabeth: Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001.
Labour Appeal Court, Gauteng, Johannesburg: 86 Juta Street, Arbour Square Building, 6th and 7th Floors, corner Juta and Melle Streets, Braamfontein 2001.

The Land Claims Court

The Land Claims Court is a specialist court with status similar to a High Court’s. It handles claims for restitution or compensation of people or communities dispossessed of land under racially discriminatory laws.

It also deals with cases involving agricultural labour tenants who do not have secure rights to the land on which they live.

Corner of Hill Street and Kent Avenue, Randburg, 2194.

Specialist Courts

Parliament has established specialist courts to handle specific areas of law or types of cases. In some cases these courts have exclusive jurisdiction and the matters are excluded from the jurisdiction of the High Court and the Magistrates’ Courts.

Electoral Court, status similar to a High Court division. Riverside Office Park, Elections House, 1303 Heuwel Avenue, Centurion 0157. 25°51’38.3″S 28°11’25.4″E.
Specialised Commercial Crime Court — Pretoria: 200-244 Visagie St, Pretoria Central, Pretoria, 0002 (25°45’02.1″S 28°11’21.8″E). Johannesburg: 64 Eloff St, Johannesburg, 2001 (26°10’35.0″S 28°02’25.1″E).
Tax Court (appeals under s103 of the Tax Administration Act, 2011). Khanyisa Building – First Floor, 271 Bronkhorst Street, Nieuw Muckleneuk, 0181.
Competition authorities — Competition Commission, Tribunal and Appeal Court: The DTI Campus, Mulayo (Block C), 77 Meintjies Street, Sunnyside, Pretoria.
Military Courts — SANDF members fall under the Military Discipline Code. Appeals go to the Court of Military Appeals; certain rulings reviewable in the civilian High Court.

Defence Headquarters, Armscor Building, cnr Delmas Avenue and Nossob Streets, Erasmusrand, PRETORIA.

Constitutional Institutions

Constitutional Institutions or Chapter Nine Institutions refer to a group of organisations established in terms of section 181 of the Constitution, 1996 to guard democracy.

The institutions are: the Public Protector, the South African Human Rights Commission, the Commission for the Promotion and Protection of the Rights of Cultural Religious and Linguistic Communities (CRL Rights Commission), the Commission for Gender Equality (CGE), the Auditor General, the Independent Electoral Commission (IEC) and an Independent Authority To Regulate Broadcasting.

They are independent and subject only to the Constitution and the law, must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice. No person or organ of state may interfere with the functioning of these institutions.

South African Human Rights Commission (SAHRC)

The Commission identifies, discusses and integrates strategic priority areas in line with the Human Rights Matrix…

Complaints can be lodged at: sahrc.org.za – Lodge complaints

Braampark Forum 3, 33 Hoofd St, Braampark, Johannesburg, 2017

Public Protector

The Public Protector has the power to investigate, report on and remedy improper conduct in all state affairs…

Complaints can be lodged at: publicprotector.org – Individual complaints form

Hillcrest Office Park, 175 Lunnon Street, Brooklyn, PRETORIA.

Supreme Court Of Appeal

The court is the successor to the Appellate Division (AD) and was originally constituted in 1910 as the final South African court of appeal. Prior to the creation of the Union of South Africa in 1910, appeals from the South African colonial supreme courts lay directly to the Privy Council in the United Kingdom.

With the creation of the Constitutional Court the name of the court was changed to the Supreme Court of Appeal (SCA).

The SCA exercises general appellate jurisdiction (save in certain labour/competition matters) and is the second highest court in South Africa. It has no original jurisdiction and functions only as a court of appeal. The SCA has 25 permanent judicial positions.

Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
Postal: PO Box 258, Bloemfontein, Free State, 9300
GPS: E 26.21675; S -29.11563
Tel: +27 51 412 7400 / 051 492 4623 • Fax: +27 51 412 7449

Constitutional Court

The Constitutional Court is no longer limited to constitutional issues only and is the final court of appeal on all matters. Its decisions are binding on all other courts in South Africa. It makes the final decision on the constitutionality of all legislation.

While a High Court or the Supreme Court of Appeal may make an order declaring an act to be unconstitutional, such an order does not come into effect until the Constitutional Court confirms it.

The Constitutional Court was established by the Interim Constitution, 1993 and continued under the Constitution, 1996. The Court has eleven judges; the head is the Chief Justice of South Africa. Its seat is at Constitution Hill in Johannesburg.

Constitution Hill, 1 Hospital St, Braamfontein.