Magistrates Courts of South Africa

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South Africa

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Magistrates Courts in South Africa are the lower courts and the courts of first instance and decide all matters as provided for by an act of parliament. As such, they deal with the great majority of court cases. The presiding officer in these courts are called a magistrate.

Magistrates Courts are divided into regional courts and district courts. These courts have jurisdiction in civil matters where the value of the claim does not exceed ZAR 100,000 and in criminal matters where the possible sentence does not exceed three years imprisonment or a fine of ZAR 60,000. More serious criminal matters are heard in the regional Magistrates Courts, as district Magistrates Courts courts cannot pass a sentence of more than three years. However, Magistrates Courts have no jurisdiction over the offences of treason, murder and rape. These courts may also not decide on the constitutionality of any legislation or on any conduct of the President of South Africa.

There are also a number of Magistrates Courts that specialise in certain types of matters, such as the rape court in Wynberg.

There are more than 400 Magistrates Courts served by more than 1,400 magistrates in South Africa.