Supreme Court of Appeal of South Africa
Encyclopedia
The Supreme Court of Appeal (SCA) is an appellate court
in South Africa
; it is the highest appeal court except in constitutional matters
, which are ultimately decided by the Constitutional Court
. Since 1999, when the Constitutional Court decided In Re: Pharmaceutical Manufacturers, the SCA has been functionally subordinate to the Constitutional Court in nearly all matters.
The Supreme Court of Appeal is the successor to the Appellate Division of the former Supreme Court of South Africa
which existed prior to 1994. It hears only appeals, and its decisions are binding on all lower courts. The President of the Supreme Court of Appeal is Lex Mpati and the Deputy President is Louis Harms. The Supreme Court of Appeal is located in Bloemfontein
, although it may hear cases elsewhere if the circumstances require it.
Judges of the SCA are known as Judges of Appeal and are cited as such in judgments (with the surname of the judge followed by JA)the exception being with the president who is cited with "P" next to his name, acting judges cited with "AJA" (Acting judge of appeal) and the deputy president who is cited with "DP". The Supreme Court of Appeal may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. The court is composed of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. At present there are 22 positions in the court.
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
; it is the highest appeal court except in constitutional matters
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, which are ultimately decided by the Constitutional Court
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
. Since 1999, when the Constitutional Court decided In Re: Pharmaceutical Manufacturers, the SCA has been functionally subordinate to the Constitutional Court in nearly all matters.
The Supreme Court of Appeal is the successor to the Appellate Division of the former Supreme Court of South Africa
Supreme Court of South Africa
The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1996. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was the highest appellate court in the country...
which existed prior to 1994. It hears only appeals, and its decisions are binding on all lower courts. The President of the Supreme Court of Appeal is Lex Mpati and the Deputy President is Louis Harms. The Supreme Court of Appeal is located in Bloemfontein
Bloemfontein
Bloemfontein is the capital city of the Free State Province of South Africa; and, as the judicial capital of the nation, one of South Africa's three national capitals – the other two being Cape Town, the legislative capital, and Pretoria, the administrative capital.Bloemfontein is popularly and...
, although it may hear cases elsewhere if the circumstances require it.
Judges of the SCA are known as Judges of Appeal and are cited as such in judgments (with the surname of the judge followed by JA)the exception being with the president who is cited with "P" next to his name, acting judges cited with "AJA" (Acting judge of appeal) and the deputy president who is cited with "DP". The Supreme Court of Appeal may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. The court is composed of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. At present there are 22 positions in the court.