Courts
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: https://www.justice.gov.za/maps/maps.html
The High Court
There are nine provincial and five local divisions of the High Court:
- The 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)
- The Free State Division at Bloemfontein (-29.116667, 26.216667; Bloemfontein Central, Bloemfontein, 9301)
- The Gauteng Division (-25.744600, 28.187400; Paul Kruger & Madiba St, Pretoria Central, Pretoria, 0002) at Pretoria with a local seat at Johannesburg (-26.204444, 28.045556; 52-46 Kruis St, Johannesburg, 2000
- The KwaZulu-Natal Division (-29.599400, 30.380400; 301 Church Street, Pietermaritzburg, 3200) at Pietermaritzburg with a local seat at
Durban (-29.86198991929113, 31.019662139564982; 12 Dullar Omar Road, Durban, 4001)
- The 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);
- The 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)
- The North West Division at Mahikeng (-25.835235053702988, 25.610198967173137; University Dr, Mmabatho Unit 4, Mmabatho, 2790)
- The Northern Cape Division at Kimberley (-28.7457244086749, 24.768695968425483; Chapel St, Civic Centre, Kimberley, 8300)
- The 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 Court, Gauteng, Johannesburg: 86 Juta Street, Arbour Square Building, 6th and 7th Floors, corner Juta and Melle Streets, Braamfontein 2001
- Labour Appeal Court, Gauteng, Johannesburg - Labour Appeal Court - 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.
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.
- The Electoral Court, which has status similar to a High Court division, handles matters related to elections, and in particular appeals against decisions of the Electoral Commission.
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.
- The Tax Court hears tax appeals involving tax in disputes in terms of section 103 of the Tax Administration Act, 2011. These appeals would have either been dealt with first at a SARS branch, the Tax Board, or been through the ADR process in terms of Rule 13 of the Tax Court Rules.
Khanyisa Building – First Floor, 271 Bronkhorst Street, Nieuw Muckleneuk, 0181.
- The Competition Commission, Competition Tribunal and Competition Appeal Court
The DTI Campus, Mulayo (Block C), 77 Meintjies Street, Sunnyside, Pretoria..
- Military Courts - Members of the South African National Defence Force are subject to the Military Discipline Code and the jurisdiction of the military courts. These courts consist of a legally trained officer as judge and two officers or warrant officers as assessors.
Appeals from the military courts are to the Court of Military Appeals, which consists of a civilian judge or magistrate (or in some cases three civilian judges), a legally trained military officer, and another officer with command experience. Rulings on this court may be taken on review to the civilian High Court (and subsequently to the Supreme Court of Appeal and Constitutional Court) only on the grounds of procedural unfairness or constitutional invalidity.
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.
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South African Human Rights Commission (SAHRC)
The Commission identifies, discusses and integrates strategic priority areas in line with the Human Rights Matrix. Priority areas include access to justice and housing, environment, natural resources and rural development, basic services and healthcare, children’s rights and basic education, disability and older persons, human rights and law-enforcement and prevention of torture and migration and equality.
Complaints can be lodged at: https://www.sahrc.org.za/index.php/what-we-do/lodge-complaints
Braampark Forum 3, 33 Hoofd St, Braampark, Johannesburg, 2017
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Public Protector
The Public Protector has the power to investigate, report on and remedy improper conduct in all state affairs. Anyone can complain to the Public Protector. The complaint must be against an organ of state and a state functionary. You must have exhausted all available avenues to resolve your complaint.
Complaints can be lodged at: http://www.publicprotector.org/?q=content/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 (the Cape, the Transvaal and Natal) 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 respect of certain labour and 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 address: PO Box 258, Bloemfontein, Free State, 9300
GPS: E 26.21675; S -29.11563
Tel: +27 51 412 7400 or 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 and 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 Constitutional Court has eleven judges. The head of the court is also the Chief Justice of South Africa. Its seat is at Constitution Hill in Johannesburg.
GAUTENG
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Gauteng Division, Pretoria - Gauteng Division (-25.744600, 28.187400; Paul Kruger & Madiba St, Pretoria Central, Pretoria, 0002)
The High Court: Gauteng Local Division, Johannesburg (-26.204444, 28.045556; 52-46 Kruis St, Johannesburg, 2000
Labour Court, Gauteng, Johannesburg: 86 Juta Street, Arbour Square Building, 6th and 7th Floors, corner Juta and Melle Streets, Braamfontein 2001.
Labour Appeal Court, Gauteng, Johannesburg - Labour Appeal Court - 86 Juta Street, Arbour Square Building, 6th and 7th Floors, corner Juta and Melle Streets, Braamfontein 2001.
The Land Claims Court: Corner of Hill Street and Kent Avenue, Randburg, 2194.
The Electoral Court: Riverside office park, Elections house, 1303 Heuwel avenue, Centurion 0157. 25°51'38.3"S 28°11'25.4"E.
The Tax Court: Khanyisa Building – First Floor, 271 Bronkhorst Street, Nieuw Muckleneuk, 0181.
Military Courts: Defence Headquarters, Armscor Building, cnr Delmas Avenue and Nossob Streets, Erasmusrand, PRETORIA
Constitutional Commissions: South African Human Rights Commission (SAHRC), Braampark Forum 3, 33 Hoofd St, Braampark, Johannesburg, 2017
Constitutional Commissions, The Public Protector: Hillcrest Office Park, 175 Lunnon Street, Brooklyn, PRETORIA.
Constitutional Court: Constitution Hill, 1 Hospital St, Braamfontein, 2017
FREE STATE
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Free State Division, Bloemfontein (-29.116667, 26.216667; Bloemfontein Central, Bloemfontein, 9301)
Supreme Court Of Appeal
The Supreme Court of Appeal hears only appeals from the High Court or other courts of similar status to the High Court. The court sits in Bloemfontein and he chief judge is called the President of the Supreme Court of Appeal. It has its origin in the Appellate Division of the Supreme Court of South Africa, which was established by the South Africa Act at the formation of the Union of South Africa.
Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
Postal address: PO Box 258, Bloemfontein, Free State, 9300
GPS: E 26.21675; S -29.11563
Tel: +27 51 412 7400 or 051 492 4623
Fax: +27 51 412 7449
NORTHERN CAPE
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Northern Cape Division, Kimberley (-28.7457244086749, 24.768695968425483; Chapel St, Civic Centre, Kimberley, 8300)
EASTER CAPE
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Eastern Cape Division, Grahamstown (-33.311400, 26.525100; 104 High St, Grahamstown, Makhanda, 6139) with local seats at:
The High Court: Eastern Cape Local Division, Bhisho (-32.849444, 27.438056; Phalo Ave, Bisho Central, Bisho, 5605),
The High Court: Eastern Cape Local Division, Mthatha (-31.588611, 28.790000; 47 Madeira St, Norwood, Mthatha, 5100); and
The High Court: Eastern Cape Local Division, Port Elizabeth (-33.958056, 25.600000; 24 Mangcaka Street, Gqeberha, 6001)
Labour Court, Eastern Cape, Port Elisabeth: Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001.
WESTERN CAPE
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Western Cape Division, Cape Town (-33.92485302179223, 18.417632910169385; Keerom St, CBD, Cape Town, 8000)
Labour Court, Western Cape, Cape Town: Twinell House, 1st Floor, 113 Loop Street, Cape Town, 8001.
LIMPOPO
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Limpopo Division, Polokwane (-23.912400, 29.453800; 42 Landdros Mare St, Polokwane Central, Polokwane, 0700) with local seats at
The High Court: Limpopo Local Division, Thohoyandou -22.950000, 30.483333; DR Muremela Medical Centre Office No:12 P.EAST, Thohoyandou, 0950) and
The High Court: Limpopo Local Division, Lephalale (-23.666667, 27.750000);
KWAZULU-NATAL
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: KwaZulu-Natal Division, Pietermaritzburg (-29.599400, 30.380400; 301 Church Street, Pietermaritzburg, 3200) at Pietermaritzburg
The High Court: KwaZulu-Natal Local Division, Durban (-29.86198991929113, 31.019662139564982; 12 Dullar Omar Road, Durban, 4001)
Labour Court, Kwa-Zulu Natal, Durban: LIBERTY LIFE HOUSE, 1st Floor, 269 Anton Lembede Street, Durban.
MPUMULANGA
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: Mpumalanga Division, Mbombela (-25.473031602256484, 30.96155601532038; 52 Acacia Cres, West Acres, Mbombela, 1211) with a local seat at
The High Court: Mpumalanga Local Division, Middelburg (-25.7618594708234, 29.457766105240392; 28 Or Tambo St, Middelburg, 1055)
NORTH-WEST
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
Find a Magistrates' Court in your area here: https://www.justice.gov.za/maps/maps.html
The High Court: North West Division, Mahikeng (-25.835235053702988, 25.610198967173137; University Dr, Mmabatho Unit 4, Mmabatho, 2790)