Judicial Authority

The Constitution lays out the framework for the judicial authority of South Africa, as follows:

  • The judicial authority of the Republic is vested in the courts.
  • The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.
  • No person or organ of state may interfere with the functioning of the courts.

 

Jurisdiction of the court

 

The court is the successor to the Appellate Division (AD) and was originally constituted in 1910 as the final South African court of appeal on the establishment of the Union of South Africa. With the creation of the Constitutional Court and the enactment of s 166 of the Constitution, 1996 the name of the Court was changed to the Supreme Court of Appeal (SCA). 

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The Court decides cases upon the record of the proceedings before the lower court and after considering the written and oral arguments presented. Witnesses do not appear before the court, and the parties need not be present during the hearing of an appeal. A written judgment is usually handed down shortly after the argument. 

Subcategories

Personal:koen AJA

Matric: Gert Maritz, PMB.

B Com: University of Natal, 1980

LLB: University of Natal, 1982

 

Professional History:

Candidate Attorney 1985 to 1986

Attorney, Notary Public and Conveyancer: 1987 – 1988

Advocate: 1988 – 2006

Senior Counsel: 1998

Acting judge of the High Court, KZN periodically - 2004 to 2005.

Judge of High Court, KZN: 1 November 2006 to date.

Acting Judge of Appeal, Supreme Court of Appeal: 1 December 2014 – 31 March 2015

Acting Judge of Appeal, Supreme Court of Appeal: 1 December 2019 – 31 May 2020

Acting Judge of Appeal, Supreme Court of Appeal: 1 October 2023 – 30 November 2023

Acting Judge of Appeal Supreme Court of Appeal: 01 April - 31 May 2024, 01 June - 30 September 2024, 01 October - 30 November 2024

Appointed Judge of Supreme Court of Appeal: 01 December 2024 to date

 

Other Professional Activities:

Part-time lecturer: Contract and Civil Procedure, University of Natal 1990 – 1995

Member of the Law School Board, University of Natal, Pietermaritzburg: 1996

Member of Society of Advocates: 1988 – 2006

Vice Chair of Pietermaritzburg Society of Advocates: 2003 -2004

Chair of Pietermaritzburg Society of Advocates: 2005

Past member of council of Pietermaritzburg Community Chest