South African criminal courts operate on an adversarial system which means that there will always be two opposing parties litigating, with the magistrate or judge sitting as neutral arbitrator or umpire. The District and Regional courts are presided over by Magistrates and the High Courts by Judges. District and Regional Courts are where most cases are heard, so we have begun with these lower courts.

District Courts

District Courts are the lowest courts and hear less serious cases, for example drug cases, theft, drunken driving and/or assault. These courts may impose a maximum sentence of 3 years imprisonment or R 60 000 fine per count (unless a specific law says otherwise). They can also only hear cases within the local magistrates’ jurisdiction, usually within the geographical boundaries of the local city or town.

These courts hear more serious cases such as Rape, Robbery, Housebreaking, Kidnapping and Corruption. These courts may impose a maximum sentence of up to 15 years imprisonment or R300 000 fine per count. Their geographic jurisdiction is usually limited to the province in which they are situated and / or in which the crime was committed.

The High Courts hear only very serious cases such as pre-meditated murder, serial crimes, serious commercial crimes and politically motivated serious crime. They have no limits regarding sentence and can hear a case from anywhere in South Africa but for practical purposes tend to only hear those within their provincial jurisdiction.