Supreme Court of Appeal of South Africa

Supreme Court of Appeal of South Africa
Court name	Supreme Court of Appeal of South Africa
Caption	The Supreme Court of Appeal building in Bloemfontein
Established	0 1997
Country	South Africa
Location	Bloemfontein, Free State
Authority	Constitution, Chapter 8
Appeals	High Court of South Africa
Appeals to	Constitutional Court of South Africa
Terms	12 years or until age 70
Positions	22
Chiefjudgename	Mandisa Maya
Termstart	1 September 2022

Supreme Court of Appeal of South Africa. It is the second-highest court in the judicial system of the Republic of South Africa, sitting directly below the Constitutional Court of South Africa. The court primarily hears appeals on non-constitutional matters from the various divisions of the High Court of South Africa, ensuring the uniform application and development of the common law. Its decisions are binding on all lower courts and it is a central institution in the country's legal landscape, historically rooted in the former Appellate Division of the Supreme Court of South Africa.

History

The court's direct predecessor was the Appellate Division of the Supreme Court of South Africa, which was established in 1910 following the Union of South Africa. That court was historically based in Bloemfontein, a tradition maintained to this day. With the advent of a democratic South Africa and the adoption of the interim Constitution of South Africa in 1994, the judiciary was restructured. The current Supreme Court of Appeal was formally established by the final Constitution of South Africa in 1997, succeeding the Appellate Division. Key figures in its early history include judges like L. C. Steyn and Oliver Schreiner, who served in the prior appellate court. The transition marked a significant shift from the apartheid-era legal system towards one underpinned by the values of the new constitutional order.

Jurisdiction and functions

The Supreme Court of Appeal possesses jurisdiction to hear and decide appeals against any decision of the High Court of South Africa, except where the Constitutional Court of South Africa has exclusive jurisdiction. Its core function is to adjudicate matters involving the interpretation and application of the common law, statutory law, and any matter not exclusively reserved for the Constitutional Court. It also has jurisdiction over appeals from the Labour Appeal Court and the Competition Appeal Court. The court's rulings are final on non-constitutional issues, though parties may seek leave to appeal to the Constitutional Court on constitutional grounds. This structure ensures legal certainty and the coherent development of South African law outside of direct constitutional interpretation.

Composition and appointment

The court is composed of a maximum of 22 judges, including the President of the Supreme Court of Appeal and the Deputy President of the Supreme Court of Appeal. The current President is Mandisa Maya, who succeeded Xola Petse. Judges are appointed by the President of South Africa on the advice of the Judicial Service Commission. Candidates are typically senior advocates, judges from the High Court of South Africa, or esteemed legal academics. A judge serves a non-renewable term of 12 years or until attaining the age of 70, whichever occurs first. This appointment process is designed to ensure judicial independence and merit-based selection.

Notable cases

The court has presided over numerous landmark cases that have shaped South African law. In *Carmichele v Minister of Safety and Security*, it dealt extensively with the doctrine of wrongfulness and the state's duty of care in delict. The case of *Barkhuizen v Napier* involved the enforcement of contractual time-limitation clauses and considerations of public policy. In *S v Thebus*, the court provided important rulings on the law of common purpose in criminal liability. Another significant decision was in *Minister of Home Affairs v Fourie*, which, prior to being confirmed by the Constitutional Court of South Africa, grappled with the issue of same-sex marriage, highlighting the interplay between the two apex courts.

Relationship with other courts

The Supreme Court of Appeal operates within a hierarchical structure beneath the Constitutional Court of South Africa, which is the highest court for all constitutional matters. It stands above the various divisions of the High Court of South Africa, from which it receives most appeals. It also hears appeals from specialized courts like the Labour Appeal Court. While the Constitutional Court can overrule the Supreme Court of Appeal on constitutional issues, the latter's authority on general common law and statutory interpretation is supreme, subject only to constitutional scrutiny. This relationship was clarified in cases such as *Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte President of the Republic of South Africa*.

Building and location

The Supreme Court of Appeal is permanently situated in the Judicial Capital of South Africa, Bloemfontein, in the Free State province. This location was designated as the judicial capital under the South Africa Act 1909. The court occupies a distinguished sandstone building, an example of Edwardian architecture, constructed in the early 20th century. The building is located on President Brand Street, near other significant institutions like the Fourth Raadsaal. Its continued presence in Bloemfontein symbolizes the decentralization of state power from Pretoria and Cape Town, maintaining a historic link to the nation's judicial heritage.

Category:Supreme Court of Appeal of South Africa Category:1997 establishments in South Africa Category:High courts in South Africa Category:Bloemfontein