Third year civil procedure student in South Africa is asked to answer the folowing questions
Unit 1
1. Where does civil procedure fit into the legal system as a whole?
2. Which courts and functionaries operate within the civil justice system?
3. What is the hierarchy of the various courts in the civil justice system?
4. What is the influence of the Constitution on civil procedure?
1. Civil procedure fits into the legal system as a whole by providing a framework for resolving disputes between individuals, companies, or organizations. It governs the rules and procedures that parties must follow when initiating, conducting, and resolving civil cases in court.
2. The civil justice system in South Africa consists of various courts and functionaries. These include:
- The Magistrate's Court: This is the lower court which handles civil matters involving smaller claims and lower monetary amounts.
- The High Court: This is the superior court which has jurisdiction over more significant civil matters and higher monetary amounts.
- The Supreme Court of Appeal: This is the appellate court that reviews decisions from the High Court.
- The Constitutional Court: This is the highest court in South Africa and decides on constitutional matters.
Functionaries within the civil justice system include judges, magistrates, court clerks, sheriffs, attorneys, and advocates.
3. The hierarchy of the various courts in the civil justice system is as follows:
- Magistrate's Court: It is the lowest court in the hierarchy. Appeals from this court go to the High Court.
- High Court: It is the second level in the hierarchy and has jurisdiction over matters falling within its mandate. Appeals from the High Court go to the Supreme Court of Appeal.
- Supreme Court of Appeal: It is the third level and hears appeals from the High Court. The decision of this court can be appealed further to the Constitutional Court.
- Constitutional Court: It is the highest court and has the final say on constitutional matters in South Africa. Its decisions cannot be appealed.
4. The South African Constitution has a significant influence on civil procedure. It guarantees fundamental rights and freedoms that must be protected during the civil litigation process. These constitutional rights include the right to a fair trial, access to courts, and protection against unfair discrimination. Civil procedure must be in line with the Constitution and its principles, ensuring that justice is administered fairly and equitably for all parties involved. Additionally, the Constitution allows for the Constitutional Court to interpret and develop the law regarding civil procedure, ensuring its compatibility with constitutional principles.