Apex Courts
South Africa has two apex courts, sitting above every High Court division. The Constitutional Court is the highest court in the country on any constitutional matter, and on any other matter it grants leave to hear, under section 167 of the Constitution. Its decisions bind every other court, including the Supreme Court of Appeal. The Supreme Court of Appeal is the second-highest court and the final court of appeal for most criminal and civil matters that are not constitutional in nature - in practice, the large majority of appeals that leave a High Court division end at the Supreme Court of Appeal rather than going on to the Constitutional Court.
Neither apex court hears a case from scratch. A matter reaches the Constitutional Court or the Supreme Court of Appeal on appeal, after a trial or application has already been decided in a Magistrate's Court or a High Court division, and usually after at least one earlier appeal. Leave to appeal is required in almost every instance and is not automatically granted - the court has to be satisfied the appeal raises an arguable point of law or a constitutional issue worth deciding.
The Supreme Court of Appeal sits in Bloemfontein. The Constitutional Court sits in Johannesburg, at Constitution Hill - a deliberate break from Bloemfontein when the Constitutional Court was first established under the interim Constitution in 1994 and confirmed under the final Constitution in 1996. A judgment from either court is binding precedent on every other court in the country, including every High Court division and every Magistrate's Court, until a later judgment of the same or a higher court changes it.
Frequently asked questions
Can I take my case straight to the Constitutional Court?
Almost never. Both apex courts hear appeals, not first-instance matters, so a case has to work through a Magistrate's Court or High Court first, with leave to appeal granted at each stage.
What is the difference between the two apex courts?
The Constitutional Court has the final word on constitutional questions. The Supreme Court of Appeal is the final court of appeal for almost everything else - most civil and criminal appeals never go further than it.
How long does an appeal to an apex court take?
There is no fixed timeline. Getting leave to appeal, filing the record and heads of argument, and waiting for a hearing date typically takes many months on its own, and judgment can follow months after that - a year or more from filing to a final decision is common for a contested matter.