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Search South Africa Courts, Boards and Tribunals nationwide for
Criminal and Civil Court records. Provincial civil or criminal
records check, search the court system for the Provinces of
Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo,
Mpumalanga, Northern Cape, North-West, Western Cape
Comprehensive Nationwide civil & criminal records check for
South Africa covers available courts, boards and Tribunals of
the following.
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Local Divisions: the Witwatersrand Local division
(Johannesburg), Durban and Coast Local Division (Durban), and
South-Eastern Cape Division (Port Elizabeth). These courts are
presided over by judges in the provincial courts concerned.
South Africa overview of the court system
Higher Courts. The Higher Courts, such as the Supreme Court,
have various divisions. For instance, the Supreme Court of South
Africa consists of an Appellate Division, provincial divisions,
and local divisions. The Chief Justice heads the Appellate
Division; Judge Presidents, the various provincial divisions.
Each Supreme Court goes on Circuit to hear cases in towns and
cities away from the seat of the division.
Lower Courts. Magistrates Courts may be divided into two main
groups, district courts and regional courts. There are 269
magisterial districts. The criminal jurisdiction of a
magistrate's court is limited to all crimes other than murder,
rape and high treason. The maximum sentence which a magistrate's
court can impose is limited to 2 months imprisonment or a fine
of R20 000 per charge. Ninety-nine percent of all the criminal
cases in the Republic of South Africa are tried in the lower
courts.
Regional Courts. Regional courts hear more serious criminal
cases in which heavier sentences can be imposed. They can also
hear rape cases and murder cases, except where the death penalty
is a possible sentence. They can impose a maximum jail sentence
of 10 years and a maximum fine of R200,000, per charge.
Special Courts: Under the NPA of 1991, provision is made for
the constitution of Special Criminal Courts. These special
courts will deal with cases related to "unrest," cases of public
violence and cases involving intimidation. In order for these
courts to be effective, special procedural and evidentiary rules
need to be applied. The idea is to establish mobile courts in
certain geographic areas to bring justice closer to the people.
(NPA, 1991: 33). At the time of writing no such courts have been
established. A Commission of Inquiry regarding the Prevention of
Public Violence and Intimidation was appointed on 24 October,
1991, by the State President (Sec 3 of the Prevention of Public
Violence and Intimidation Act No. 139 of 1991). Offices were set
up in Pretoria and Cape Town. In order to ensure that steps are
taken against perpetrators of violence and intimidation, the
Commission may refer any evidence constituting an offense to the
relevant Attorney-General and to the Special Criminal Courts (NPA,
1991: 24).
Dispute Resolution Committees. The National Peace Secretariat
has established 11 regional dispute resolution committees and
approximately 85 local dispute resolution committees since 1992
Special Superior Courts. If an accused is arraigned before a
superior court for a charge relating to the security of the
State or the maintenance of public order, the State President
may constitute a special superior court to conduct the trial
upon the recommendation of the Minister. (Sect. 148 of CPA).
Juvenile Courts. Juvenile Courts handle cases in which
persons under 18 years-old are charged with criminal offenses.
In Juvenile Courts the cases are heard in camera.
Non-state Courts. Judicial powers may be conferred upon any
African Chief or headman for trying and sentencing any African
person who has committed any offense under Common Law or under
Black Laws and customs (except for any offense referred to in
the third schedule (sec 20) of the Black Administration Act).
The same judicial powers may be conferred upon an African in an
urban area (sec 21(A) of Black Administration Act 38 1927 as
amended by Act 94 of 1980). Non-state courts in the Black
townships arguably hear more criminal cases than the formal
courts, but they tend to turn murder and rape cases over to the
police.
Judges: There are 146 Judges of the Supreme Court. There is
only one woman Judge. There is one Indian Judge. All other
judges are white males. (Hansard Parliamentary Debates
[hereinafter Hansards], 1993: 816). Excluding the
"Self-Governing" territories, there are 867 white magistrates, 9
black magistrates, 12 colored magistrates and 16 Indian
magistrates, for a total of 904 magistrates. There are 169 white
Regional Court magistrates and 2 Indian Regional Court
magistrates, for a total of 171 Regional Court magistrates.
There are no colored or black Regional Court magistrates. . Judicial officers in the Supreme Court are
called "judges" and in the lower courts, "magistrates". The
State President appoints judges on recommendation of the Bar
Councils. The only legal requirement for being appointed a judge
is that the appointee be a "fit and proper person"; no formal
academic or professional qualifications are required. In
practice, however, judges are appointed primarily from the ranks
of senior advocates in private practice. In some exceptional
cases senior civil servants with legal qualifications are also
appointed as judges. In practice, thus, all judges have at least
the LLB 5 year degree (Bacallareum Legum). Magistrates, unlike
judges, are civil servants. The Minister of Justice appoints
magistrates for specific districts or regions. Magistrates are
appointed from within the Department of Justice personnel,
usually from amongst the ranks of prosecutors. Magistrates must
hold a degree in law or have passed the Civil Service Higher
examinations (Sec 10(a) Magistrates Court Act No.32, 1944).
Seminars are held for criminal court magistrates during which
the criminal law, law of evidence, law of criminal procedure and
assessment for sentence are discussed. A seminar is also held
for prospective regional magistrates. After the seminar, the
regional magistrates are evaluated for a period of 5 months
during which their suitability for appointment to regional
courts is determined.
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