Which cases are heard in the high court
Appointments are made for a term of five years and may be renewed. The purpose of having a registered valuer as part of the Court to hear the appeal is to add an expert valuation perspective to the assessing of evidence before the Court and to assist the judge in reaching a fair decision according to law.
Under s 13 of the Act , a judge of the High Court and at least one additional member is necessary to constitute a sitting of the Court. It is usual to have one appointee who specialises in urban land valuation and one who specialises in rural land valuation.
Criminal proceedings are conducted in accordance with the Criminal Procedure Act Certain offences, because of their seriousness, can only be tried in the High Court. These offences are termed category 4 offences and include for instance murder, manslaughter and treason. Other serious offences heard in the High Court are called protocol offences.
Category 4 cases are generally heard by a judge and jury. A defendant who is charged with a category 3 offence may elect to be tried by a jury or by a judge alone. It sentences those who plead guilty or are found guilty by trial in the High Court. It also sentences convicted persons when the District Court is obliged to transfer the proceeding to the High Court for sentencing.
This happens when there has been an early guilty pleas to a category 4 offence or if a sentence of life imprisonment or preventive detention might be imposed. The High Court also hears appeals from judge-alone trials in the District Court. Convictions, sentences and certain pre-trial decisions may be appealed to the High Court. With regards to bail, District Court decisions granting or refusing bail can be appealed to the High Court.
Candidates for appointment to the High Court must satisfy the judicial appointment eligibility condition on a 7 year basis, or be Circuit Judges who have held office for at least 2 years. High Court judges presiding over civil cases wear the civil robe introduced on 1 October , with red tabs at the neck of the gown and no wig.
High Court judges sitting in the criminal division of the Court of Appeal wear a black silk gown and a short wig. Every High Court judge is assigned a clerk who provides first-line support based at the Royal Courts of Justice in London. Find out more on the High Court webpages opens in a new tab. Yes No. They can be contacted through the High Court.
These courts deal with any disputes between taxpayers and the South African Revenue Service, where the disputes involve an income tax assessment of more than R Appeals against their decisions are made directly to the Supreme Court of Appeal. Tax disputes involving an assessment of less than R go to the Tax Board.
The Tax Board is chaired by an attorney, advocate or accountant who works in the private sector and is specifically appointed by the President to assist as chairman of the Board. The Labour Courts have the same status as High Courts. The Labour Courts adjudicate matters relating to labour disputes between employers and employees. Labour Courts are mainly guided by the Labour Relations Act which deals with matters such as unfair labour practices; for example: dismissing an employee without giving notice.
Labour Courts can order an employer or employee or union to stop committing an unfair labour practice. Labour Courts are empowered to give jobs back to employees who have lost their jobs unfairly, and so on. Labour Appeal Courts hear appeals against decisions in Labour Courts and they are the highest courts for labour appeals.
The Land Claims Court can hold hearings in any part of the country if it believes this will make it more accessible and it can conduct its proceedings in an informal manner if this is appropriate, although its main office is in Randburg.
The Court rarely gives its decision i. Rather, the decision is "reserved" and presented some time after the hearing. The usual practice is for Justices to prepare written reasons for their decisions which are handed down by the Court at a later sitting. Printed copies of the judgments are given to the parties involved immediately after the decision is announced by the Court.
The decisions are subsequently recorded in law reports and are now also available on computerised legal data bases. Paper copies of judgments are available to the public, for a fee, by contacting one of the offices of the High Court Registry in Canberra, Sydney or Melbourne.
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