The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest court of appealinSouth Africa below the Constitutional Court. The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in all matters by 2013. It is located in Bloemfontein. Bloemfontein is often, and has been traditionally referred to, as the "judicial capital" of South Africa because of the court, although the Constitutional Court is based in Johannesburg.[1][2]
| Supreme Court of Appeal | |
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List
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Building of the Supreme Court of Appeal in Bloemfontein
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| 29°06′55″S 26°12′59″E / 29.1154°S 26.2163°E / -29.1154; 26.2163 | |
| Established | 1910 (Appellate Division) |
| Jurisdiction | South Africa |
| Location | Bloemfontein |
| Coordinates | 29°06′55″S 26°12′59″E / 29.1154°S 26.2163°E / -29.1154; 26.2163 |
| Composition method | Presidential appointment on the advice of the Judicial Service Commission |
| Authorized by | Chapter 8 of the Constitution; Superior Courts Act, 2013 |
| Number of positions | 25 |
| Website | www |
| President | |
| Currently | Mahube Molemela |
| Since | 1 June 2023 |
| Deputy President | |
| Currently | Xola Petse |
| Since | 21 June 2019 |
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.
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 23 ordinary positions on the court.[3] 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 January 2024[update], the Judges of Appeal were:[4]
| Presidents of the Supreme Court of Appeal | |||
|---|---|---|---|
| № | Incumbent | Tenure | Notes |
| 1. | J. J. F. Hefer | 2002 – 2003 | (Acting President) |
| 2. | C. T. Howie | 2003 – 2008 | (Judge of Appeal from 1993) |
| 3. | L. Mpati | 2008 – 2016 | (Judge of Appeal from 2000) |
| 4. | M. M. L. Maya | 2016 – 2022 | (Judge of Appeal from 2005) |
| 5. | X. M. Petse | 2022 – 2023 | (Acting President) |
| 6. | M. B. Molemela | 2023 – present | (Judge of Appeal from 2018) |
| Deputy presidents of the Supreme Court of Appeal | |||
|---|---|---|---|
| № | Incumbent | Tenure | Notes |
| 1. | L. Mpati | 2003 – 2008 | (subsequently President of the Court) |
| 2. | L. T. C. Harms | 2008 – 2011 | (Judge of Appeal from 1993) |
| 3. | K. K. Mthiyane | 2012 – 2014 | (Judge of Appeal from 2001) |
| 4. | M. S. Navsa | 2015 – 2015 | (Acting) |
| 5. | M. M. L. Maya | 2015 – 2017 | (subsequently President of the Court) |
| 6. | J. B. Z. Shongwe | 2017 – 2018 | (Acting) |
| 7. | X. M. Petse | 2019 – present | (Judge of Appeal from 2012) |
| 8. | N. Dambuza | 2022 – 2023 | (Acting) |
This is a list of all the judges who have served in the Supreme Court of Appeal since its inception in 1997.[6]
Appointments to the Appellate Division:
The following judges were appointed to the Appellate Division but continued to serve on the bench in the Supreme Court of Appeal after 1997.
Appointments by President Nelson Mandela:
Appointments by President Thabo Mbeki:
Appointments by President Kgalema Motlanthe:
Appointments by President Jacob Zuma:
Appointments by President Cyril Ramaphosa:
Capitals...Bloemfontein (judicial)
