SPECIALIST COURTS & THEIR MANDATES

A FTER receiving an incorrect electricity bill for R25 000, Thabang disputed it with the municipality, but couldn’t get the matter sorted out.

He paid the full amount because he didn’t want his power to be cut.

Following this action, he approached Scorpion Legal Protection for help.

While helping him dispute the bill, they found out the meter was faulty, meaning he’d paid R24 200 more than he was supposed to.

Azikhiphi! That’s not on!

Thabang was angry and wanted to take his matter straight to the high court, but Scorpion advised him it would first have to go to the magistrates court.

But Thabang wanted to understand why because he thought the high court had more power than the magistrates court.

What does the law say?

There are various courts in South Africa that hear different cases. Specialised courts ensure the right cases go to the right court.

Mzansi has the following courts:

• Constitutional Court – the highest court in the land, their decision is final and can’t be changed by another court.
• Supreme Court of Appeal – except for the ConCourt, this is the highest court and only deals with cases sent from high courts. Decisions can’t be changed by any other court, except if it’s a constitutional matter.
• High Courts – only hear cases too serious for the magistrates court, or appeals from them, or lower courts in their geographical jurisdiction.
• Magistrate Courts – deal with less serious criminal and civil cases, divided into regional and district courts.
• Labour Courts and Labour Appeal Courts – tackle labour disputes between employees and employers and are the highest courts for labour matters.
• Small Claims Courts – hear civil matters involving less than R15 000, except for divorces, wills, malicious prosecution, unfair arrest, seduction and breach of promise to marry.

Specialist Courts include:

• Special Income Tax Courts
• Land Claims Court
• The Water Tribunal
• Truth and Reconciliation Commission
• Child Justice Courts
• Maintenance Courts
• Sexual Offences Courts
• Children’s Courts
• Courts for Chiefs and Headmen

Which court can help?

Because it’s a civil matter, Thabang’s case will be heard in the Magistrates Court.

What Scorpion can do

 Scorpion provides members with full cover on these matters, depending on their policy.