Litigation is the term used for legal disputes and it  encompasses disputes between private individuals, legal persons such as Companies and Close Corporations and organs or State such as Municipalities.  Legal disputes are resolved in the various Courts of our land and in this regard the Constitution of the Republic of  South Africa stipulates that the Courts of our land are the Constitutional Court;  the Supreme Court of Appeal;  the High Courts, the Magistrate’s Courts and any other Court established by an Act of Parliament e.g. the Small Claims Court.

The Constitutional Court

The Constitutional Court  is the highest Court in all Constitutional  matters and it may decide only Constitutional matters and issues connected with decisions on Constitutional matters.  Only the Constitutional Court may decide disputes between organs of State in the National or Provincial sphere concerning the constitutional status, powers or functions of those organs of  State and only the Constitutional  Court may decide on the constitutionality of any Parliamentary or Provincial Bill.

The Constitutional Court has its seat in Braamfontein.

The Supreme Court Of Appeal

The Supreme Court of Appeal is the highest Court of  appeal (except in constitutional matters) and may only decide appeals,  issues connected with appeals and any other matter that may be referred to it in circumstances defined by an Act of Parliament.

The Supreme Court of Appeal has its seat in Bloemfontein.

The High Court

A High Court may decide any constitutional matter except a matter that only the Constitutional Court may decide or is assigned by an Act of Parliament through another Court of a similar status to a High Court and any other matter that is not assigned to another Court by an Act of Parliament.  The  effect of this is that the High Court decides the outcome of all legal disputes which may not be heard in the Magistrate’s Court.

The High Court has various seats in the various Provinces of South Africa.

The Magistrates Court

Magistrate’s Courts have power i.e. jurisdiction, to decide legal disputes where the amount in dispute does not exceed R100 000,00 and the power of the Magistrate’s Courts to hear disputes is specifically determined by Parliament.   For this reason the Magistrate’s Court is known as a creature of statute.

In contrast, the Constitutional Court, Supreme Court of Appeal and High Courts have the inherent power to protect and regulate their own process and to develop a common law taking into account the interests of justice.

The provisions of the Magistrate’s Court Act specifically stipulate the limits of the power of the Magistrate’s Court to hear certain types of disputes e.g. a Magistrate may not grant a decree of divorce.

Magistrate’s Courts have their seat of hearing in the various districts of South Africa.

The Small Claims Court

The Small Claims Court has been established specifically to enable private individuals to litigate against one another and against legal persons (e.g. Companies and Close Corporations) in instances where the amount in dispute does not exceed R3 000,00.

The litigants in the Small Claims Court are not entitled to be assisted by Legal Practitioners and the Presiding Officer is known as a Commissioner.

There are Small Claims Courts situated in different centres in South Africa.