Supreme Court of Appeal (South Africa)

The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest court of appeal in South Africa below the Constitutional Court. The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in all matters by 2013. It is located in Bloemfontein. Bloemfontein is often, and has been traditionally referred to, as the "judicial capital" of South Africa because of the court, although the Constitutional Court is based in Johannesburg.[1][2]

Not to be confused with Supreme Court of South Africa.

Supreme Court of Appeal
List
  • 10 other official names:
  • Hoogste Hof van Appèl (Afrikaans)
  • iKhotho ePhakemeko yezokuBuyekezwa (Southern Ndebele)
  • iNkundla ePhakamileyo yeziBheno (Xhosa)
  • Inkantolo ephakeme yokwedluliswa kwamacala (Zulu)
  • iNkantolo lePhakeme yekweNdlulisela emacala (Swazi)
  • Kgorokgolo ya Tsheko ya Boipiletšo (Northern Sotho)
  • Lekgotla le Phahameng la Boipiletso (Sotho)
  • Kgotlatshekelokgolo ya Boikuelo (Tswana)
  • Khotonkulu yo Endla Xikombelo (Tsonga)
  • Khothe Khulwane ya Khaṱhululo (Venda)
Building of the Supreme Court of Appeal in Bloemfontein
29.1154°S 26.2163°E / -29.1154; 26.2163
Established1910 (Appellate Division)
JurisdictionSouth Africa
LocationBloemfontein
Coordinates29.1154°S 26.2163°E / -29.1154; 26.2163
Composition methodPresidential appointment on the advice of the Judicial Service Commission
Authorized byChapter 8 of the Constitution; Superior Courts Act, 2013
Number of positions25
Websitewww.supremecourtofappeal.org.za
President
CurrentlyMahube Molemela
Since1 June 2023
Deputy President
CurrentlyXola Petse
Since21 June 2019
Politics of South Africa
Constitution
Executive
Legislature
Judiciary
Elections
Administrative divisions
Foreign relations
Related topics
Provincial Politics
flag South Africa portal

History

On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA.

In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdiction, though the system of two apex courts remained: the Constitutional Court was the country's highest court in constitutional matters, but the SCA was the highest court in non-constitutional matters. However, the Constitutional Court took a broad reading of its jurisdiction, and in August 2013 the position was regularised by an amendment to the South African Constitution which gave the Constitutional Court general jurisdiction.

Judges

The court is composed of a President, a Deputy President, and the number of ordinary Judges of Appeal determined in terms of an Act of Parliament; at present there are 23 ordinary positions on the court.[3] Cases before the court are generally heard by panels of five judges.

Judges are appointed by the President of South Africa on the advice of the Judicial Service Commission. Judges of Appeal are cited in judgments with the surname of the judge followed by "JA". (The President and Deputy President are cited with a "P" and "DP" respectively, and acting judges are cited with "AJA".)

As of June 2023 the Judges of Appeal are:[4]

  • Mahube Molemela (President)
  • Xola Petse (Deputy President)[5]
  • Visvanathan Ponnan
  • Halima Saldulker
  • Dumisani Zondi
  • Nambitha Dambuza
  • Christiaan van der Merwe
  • Baratang Mocumie
  • Tati Makgoka
  • Ashton Schippers
  • Fikile Mokgohloa
  • Caroline Nicholls
  • Yvonne Mbatha
  • Trevor Gorven
  • Zeenat Carelse
  • Selewe Peter Billy Mothle
  • Wendy Hughes
  • Nolwazi Penelope Mabindla-Boqwana
  • Pieter Andries Meyer
  • Matojane Keoagile Matojane
  • Sharise Weiner
  • Glenn Goosen
  • Daisy Sekao Molefe

List of presidents of the Supreme Court of Appeal
Presidents of the Supreme Court of Appeal
№ Incumbent Tenure Notes
1.J. J. F. Hefer2002 – 2003(Acting President)
2.C. T. Howie2003 – 2008(Judge of Appeal from 1993)
3.L. Mpati2008 – 2016(Judge of Appeal from 2000)
4.M. M. L. Maya2016 – 2022(Judge of Appeal from 2005)
5. X. M. Petse 2022 – 2023 (Acting President)
6. M. B. Molemela 2023 – present (Judge of Appeal from 2018)

List of deputy presidents of the Supreme Court of Appeal
Deputy presidents of the Supreme Court of Appeal
№ Incumbent Tenure Notes
1.L. Mpati2003 – 2008(subsequently President of the Court)
2.L. T. C. Harms2008 – 2011(Judge of Appeal from 1993)
3.K. K. Mthiyane2012 – 2014(Judge of Appeal from 2001)
4.M. S. Navsa2015 – 2015(Acting)
5.M. M. L. Maya2015 – 2017(subsequently President of the Court)
6.J. B. Z. Shongwe2017 – 2018(Acting)
7.X. M. Petse2019 – present(Judge of Appeal from 2012)
8. N. Dambuza 2022 – 2023 (Acting)

See also
  • Supreme Court of Appeal of South Africa cases

References
  1. Marais, Lochner; Twala, Chitja (7 May 2020). "Bloemfontein: the rise and fall of South Africa's judicial capital". African Geographical Review. Informa UK Limited. 40 (1): 49–62. doi:10.1080/19376812.2020.1760901. ISSN 1937-6812. S2CID 218929562.
  2. "South Africa at a glance". South African Government. Retrieved 20 June 2020. Capitals...Bloemfontein (judicial)
  3. "About us". Supreme Court of Appeal. Retrieved 26 February 2021.
  4. "Current Judges of the Supreme Court of Appeal". Supreme Court of Appeal. Retrieved 12 June 2023.
  5. "Cyril Ramaphosa announces appointment of five Supreme Court of Appeal judges | IOL News". www.iol.co.za. Retrieved 21 June 2019.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.