M.Kriel
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 2: Chapter 2
1. Hierarchy of the South African Courts:
- Section 166 of the Constitution describes the various courts of the Republic,
these are:
❖ (a) Constitutional Court;
❖ (b) The Supreme Court of Appeal;
❖ (c) The High Court of South Africa;
❖ (d) Magistrates’ Court;
❖ (e) Any other court established or recognised in terms of an Act of
Parliament, including any court that has a status similar to that of the
High Court or the Magistrates’ Court.
- Hierarchy is also important when one considers the doctrine of stare decisis
- this doctrine states that lower-ranking courts are bound by the decisions of
higher courts.
- Lower courts do not set precedents in this way but are bound by the
precedents of the superior courts.
2. The Constitutional Court:
- In terms of section 167 (1) of the Constitution, the CC is presided over by
the Chief Justice, the Deputy Chief Justice and nine other judges.
- The seat is in Johannesburg.
- A matter brought before the CC must be heard by at least 8 judges.
- Constitutional Seventh Amendment Act, section 167 (3) of the C now
provides that the CC:
➢ Is the highest court in all matters;
➢ May adjudicate on constitutional matters, as well as on any other
matter if the CC grants leave of appeal on the grounds that such other
matter raises an arguable point of law of general public importance
which ought to be considered by that Court;
➢ Is the final decision-maker on whether a matter is within its jurisdiction.
3. The Supreme Court of Appeal:
- In terms of section 167 (3), the SCA may decide appeals in any matter
arising from the HC, or a court of similar status to the HC.
- SCA is therefore purely a court of appeal and not a court of the first instance,
and it has appeal jurisdiction over the whole of South Africa.
- Bloemfontein.
- President + Deputy President and a number of judges.
- NBNB: In terms of section 13 of the Supreme Court Act, the quorum of
judges for both civil and criminal appeals in the SCA is generally five judges,
and the judgement of the majority is the judgement of the court.
The reason that it is 5 judges is due to the fact that they want to ensure that there is a
majority.
2
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 2: Chapter 2
1. Hierarchy of the South African Courts:
- Section 166 of the Constitution describes the various courts of the Republic,
these are:
❖ (a) Constitutional Court;
❖ (b) The Supreme Court of Appeal;
❖ (c) The High Court of South Africa;
❖ (d) Magistrates’ Court;
❖ (e) Any other court established or recognised in terms of an Act of
Parliament, including any court that has a status similar to that of the
High Court or the Magistrates’ Court.
- Hierarchy is also important when one considers the doctrine of stare decisis
- this doctrine states that lower-ranking courts are bound by the decisions of
higher courts.
- Lower courts do not set precedents in this way but are bound by the
precedents of the superior courts.
2. The Constitutional Court:
- In terms of section 167 (1) of the Constitution, the CC is presided over by
the Chief Justice, the Deputy Chief Justice and nine other judges.
- The seat is in Johannesburg.
- A matter brought before the CC must be heard by at least 8 judges.
- Constitutional Seventh Amendment Act, section 167 (3) of the C now
provides that the CC:
➢ Is the highest court in all matters;
➢ May adjudicate on constitutional matters, as well as on any other
matter if the CC grants leave of appeal on the grounds that such other
matter raises an arguable point of law of general public importance
which ought to be considered by that Court;
➢ Is the final decision-maker on whether a matter is within its jurisdiction.
3. The Supreme Court of Appeal:
- In terms of section 167 (3), the SCA may decide appeals in any matter
arising from the HC, or a court of similar status to the HC.
- SCA is therefore purely a court of appeal and not a court of the first instance,
and it has appeal jurisdiction over the whole of South Africa.
- Bloemfontein.
- President + Deputy President and a number of judges.
- NBNB: In terms of section 13 of the Supreme Court Act, the quorum of
judges for both civil and criminal appeals in the SCA is generally five judges,
and the judgement of the majority is the judgement of the court.
The reason that it is 5 judges is due to the fact that they want to ensure that there is a
majority.
2
