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Supreme Court of South Africa (SWM)

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The Supreme Court was first established in 1910 by the South Africa Act, which was passed by the Imperial British Parliament when South Africa achieved dominion status within the Empire. The Supreme Court Act (59 of 1959) set out to consolidate all the previous legislation and rules governing the Court and continues to serve as its primary constitutional authority. The Constitution Act (78 of 1995) further confirms the existence of the Supreme Court and states explicitly that the Court has no testing right over original legislation passed by Parliament. The Court does however have a testing right over delegated legislation, ordinances of the provinces and executive decrees, as these must be in line with Acts of Parliament.

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Chief Justice

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1995

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200

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--05-31

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Chief Justice Appellate Judge President Judges of Appeal Provincial and local Judges

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Supreme Court of South Africa

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Palace of Justice,

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The Supreme Court was first established in 1910 by the South Africa Act, which was passed by the Imperial British Parliament when South Africa achieved dominion status within the Empire. The Supreme Court Act (59 of 1959) set out to consolidate all the previous legislation and rules governing the Court and continues to serve as its primary constitutional authority. The Constitution Act (78 of 1995) further confirms the existence of the Supreme Court and states explicitly that the Court has no testing right over original legislation passed by Parliament. The Court does however have a testing right over delegated legislation, ordinances of the provinces and executive decrees, as these must be in line with Acts of Parliament. The Appellate Division consists of the Chief Justice and ten Judges of Appeal. The Chief Justice is also the chief executive officer of the entire Supreme Court, and has the authority to promulgate rules of court and ensure proper administration. Most of his non-judicial tasks are however delegated to the Registrar of the Supreme Court. The Chief Justice is appointed by the State President with life tenure. The Judges of Appeal are also appointed by the State President, on advice from the Chief Justice and the Deputy Minister for Law and Order. Charles Henry Maxwell, an English South African, is the current Chief Justice, and was appointed in 2004. Each Provincial and Local Division consists of three presiding officers: one Judge President and two Judges. These appointments are made by the provincial Administrator on advice from the Chief Justice. The Appellate Division is located in the Palace of Justice in Pretoria. There are seven Provincial Divisions and four Local Divisions throughout the country. The Transvaal has the Transvaal Provincial Division in Pretoria and the Witwatersrand Local Division in Johannesburg. There are three Provincial Divisions in the Cape Province: Cape Town, Grahamstown and Kimberley, and one Local Division in Port Elizabeth. The Natal Provincial Division is located in Pietermaritzburg, with a Local Division in Durban. The Orange Free State has one Provincial Division in Bloemfontein. South West Africa has its main Provincial Division in Windhoek and a Local Division in Walvis Bay. The Provincial and Local Divisions share the same legal jurisdiction, however serve different territorial jurisdictions. Both, however, set the same level of precedent. Appeals from either the Local or Provincial Divisions go to the Appellate Division.