Supreme Court of Appeal

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Judicial Authority

The Constitution lays out the framework for the judicial authority of South Africa, as follows:

• The judicial authority of the Republic is vested in the courts.
• The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.
• No person or organ of state may interfere with the functioning of the courts.
• Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts
• An order or decision issued by the courts binds all persons to whom and organs of state to which it applies.
• The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.

The Supreme Court of Appeal’s position in the justice system

The Supreme Court of Appeal (SCA) is the successor to the Appellate Division, which was first established in 1910 when the Union of South Africa was created [History and Background]. The name of the court was changed on the adoption of the Constitution in 1996.

The SCA is, except in respect of certain labour and competition matters, the second highest court in South Africa.  Previously it and the Constitutional Court were both ‘apex courts’ with different areas of jurisdiction. However, since August 2013 the Constitutional Court has been the highest court in all matters.

In terms of the Constitution, the SCA: –

• may decide any matter, except certain labour and competition matters; but
• is purely an appeal court, and it may decide only appeals and issues connected with appeals.

The SCA 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 confirmed by the Constitutional Court. The Composition, Authority and Jurisdiction of the Court

The SCA consists of a President, Deputy President and a number of judges of appeal determined by an Act of Parliament. At present there are 23 permanently appointed judges in addition to the President and Deputy President. [Judges of the Court] 

The SCA has jurisdiction to hear and determine an appeal against any decision of the High Court. Decisions of the Court are binding on all lower courts, and the decisions of the High Court are binding on Magistrates’ Courts within the respective areas of jurisdiction of the relevant Division of the High Court