Structure of the Courts

Democratic South Africa inherited a system of courts that reflected an apartheid dispensation which provided for the Republic of South Africa and the four "independent" states or homelands (Transkei, Bophuthatswana, Venda and Ciskei) and six "self-governing territories". The new constitutional democracy now makes provision for 9 provinces. The court system is currently being rationalised so that it reflects the new order.

The South African Constitution depicts South Africa's judicial system as follows:

1. the Constitutional Court

2. the Supreme Court of Appeal

3. the High Courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from High Courts

4. the Magistrate's Courts

5. any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Courts or the Magistrate's Courts.