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Legal Structure of South Africa

The South African legal system is similarly based to that of the United States. The democracy in South Africa is fairly new and was established in 1994. Both were developed from common law, which were previous decisions of the superior courts and rules that were set down. Statutory law also helped define both legal systems (South Africa & U.S.A.) as those were acts of the national and provincial legislatures, and governmental regulations. The United States have a federal and state structure while South Africa has a superior and lower court system with the Constitutional Court being the supreme law of the land. The superior courts deal with constitutional issues and the lower courts handle the civil and criminal proceedings. The Constitutional Court is equivalent to the U.S. Supreme Court, both are the most powerful court in their respected regions. It is South Africa’s first democratic constitution. It serves to guarantee the basic rights and freedoms of all persons. Since 1994, the Constitution of the Republic of South Africa has been the supreme law. It consists of 11 judges, 9 men and 2 women. They may serve for a non-renewable term of 12 years, but must retire at the age of


The lower courts of South Africa’s structure are the Magistrates’ Court, Divorce Courts, Small Claims Court, Courts of Chiefs and Headmen, and Short Process Courts. The Magistrates’ Courts have both civil and criminal jurisdictions. This court is similar to that of the District Courts of the United States. Regional Magistrate Courts have jurisdiction in all matters except treason and District Magistrate Courts in all matters except treason, murder and rape. Violent crimes such as murder and rape have some of the lowest conviction rates, while shoplifting, fraud and drug related cases have the highest conviction rates. Because South Africa’s democracy is not yet established and still emerging, it is increasingly affected by high levels of violent crime. The criminal procedure will first pass through the Magistrate Courts, depending on the degree of the crime, and will usually come to a decision. More serious crimes are presided by the High Courts.

The superior court structure consists of the Constitutional Court, Supreme Court of Appeal (highest appellate court in all except constitutional matters), the High Courts (equivalent to the U.S. District Court). South African superior structure also consists of Labour Appeal Court and the Labour Court. They have

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Approximate Word count = 864
Approximate Pages = 3 (250 words per page double spaced)


  

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