Supreme Court of Appeal (South Africa)

The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the judicial capital of South Africa.[1]

Not to be confused with Supreme Court of South Africa.
Supreme Court of Appeal
Building of the Supreme Court of Appeal in Bloemfontein
Established1910 (Appellate Division)
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
Appeals toConstitutional Court
Number of positions22
Websitewww.justice.gov.za/sca/
President
CurrentlyMandisa Maya
Since26 May 2017
Deputy President
CurrentlyXola Petse
Since21 June 2019
South Africa
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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 22 positions on the court.[2] 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 21 June 2019 the Judges of Appeal are:[3]

  • Mandisa Maya (President)
  • Xola Petse (Deputy)[4]
  • Azhar Cachalia
  • Nambitha Dambuza
  • Daniel Dlodlo
  • Lorimer Leach
  • Rammaka Mathopo
  • Yvonne Mbatha
  • Boissie Mbha
  • Baratang Mocumie
  • Mahube Molemela
  • Fikile Mokgohloa
  • Mahomed Navsa
  • Caroline Nicholls
  • Clive Plasket
  • Visvanathan Ponnan
  • Halima Saldulker
  • Kevin Swain
  • Zukisa Tshiqi
  • Christiaan Van Der Merwe
  • Malcolm Wallis
  • Dumisani Zondi
  • Wendy Hughes (Acting)
  • Sharise Weiner (Acting)


See also
  • Supreme Court of Appeal of South Africa cases

References
  1. "South Africa at a glance". South African Government. Retrieved 20 June 2020. Capitals...Bloemfontein (judicial)
  2. "About". Supreme Court of Appeal. Retrieved 11 October 2012.
  3. "Judges of the Supreme Court of Appeal". Supreme Court of Appeal. 8 October 2012.
  4. "Cyril Ramaphosa announces appointment of five Supreme Court of Appeal judges | IOL News". www.iol.co.za. Retrieved 21 June 2019.
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