What is a magistrate judge in South Africa?

Asked by: Prof. Norval Ryan V  |  Last update: September 16, 2023
Score: 4.4/5 (11 votes)

The magistrates' courts are the lowest level of the court system in South Africa. They are the courts of first instance for most criminal cases except for the most serious crimes, and for civil cases where the value of the claim is below a fixed monetary limit.

What does a magistrate do in South Africa?

A Regional Magistrate makes the decisions in a Regional Court, sometimes with the support of lay assessors. The Regional Courts deal with serious cases such as murder, rape, armed robbery and serious assault. These courts do not hear treason cases.

What do you call a magistrate in South Africa?

Q How do I address a Magistrate? A Magistrates are referred to as Your Worship. Q Who trains Judges and Magistrates? A The South African Judicial Education Institute (SAJEI) co-ordinates all training and related matters for all Judicial Officers.

What do lawyers call the judge in South Africa?

The formality of address in any court room in South Africa has always amazed me. In the Magistrates Courts, the magistrates are addressed as “Your Worship”. In the high courts, male judges are addressed as “My Lord”, and female judges are addressed as “My Lady”.

Can a magistrate become a judge in South Africa?

A growing percentage of judges come from the magistracy.

South African Judges Interviews happening LIVE

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Who has more power a judge or a magistrate?

Difference between judges and magistrates

Judges, on the other hand, are typically elected to a position within a judicial district. Judges oversee the decisions made by a magistrate and have the authority to approve, modify or reverse a decision.

How many years does it take to become a magistrate in South Africa?

Degree: Prospective magistrates need to obtain at least a 3-year diploma or degree in law such as Diploma Luris, BLuris or a 4-year degree such as BProc. It is advisable to also obtain a LLB degree or a Diploma Legum. Magistrates who have the latter qualifications can become regional magistrates.

How much does judge earn in South Africa?

President Cyril Ramaphosa has granted judges and magistrates increases of 3%. Magistrates will now earn closer to R1. 1 million per year, and judges are creeping towards R2 million per year.

What do you call a female judge in South Africa?

2. High courts: My Lord/Your lordship or My lady depending on the gender of the presiding Judge. Male Judge: My Lord or My lordship. Female Judge: My lady.

What are the two kinds of lawyers in South Africa?

We will explore some of these types of lawyers here, and what they do.
  • Divorce lawyer. When terminating a marriage there are many legal aspects that need to be addressed. ...
  • Family lawyer. ...
  • Immigration lawyer. ...
  • Criminal lawyer. ...
  • Accident and personal injury lawyer. ...
  • Business and corporate lawyer. ...
  • Bankruptcy lawyer. ...
  • Labour law lawyer.

Are magistrates and judges the same?

A magistrate is a judge who has limited authority to hear certain issues. In the federal court system, magistrates are judges appointed by the district judges of the court to assist the district court judges.

What are the requirements of being a magistrate in South Africa?

These qualifications are prescribed in broad terms and they are that one must: either be a South African citizen or permanent resident; be fit and proper; be in good health; competent in the official languages desired by the Magistrates Commission; they must be suitably qualified (which in practice implies having a law ...

What do you call a South African judge?

The formality of address in any court room in South Africa has always amazed me. In the Magistrates Courts, the magistrates are addressed as "Your Worship". In the high courts, male judges are addressed as "My Lord", and female judges are addressed as "My Lady".

How powerful is a magistrate?

They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases.

How much does a magistrate in in South Africa?

How much does a Magistrate make in South Africa? The average magistrate salary in South Africa is R 4 199 976 per year or R 2 154 per hour. Entry-level positions start at R 270 000 per year, while most experienced workers make up to R 5 893 875 per year.

How much does a magistrate judge earn in South Africa?

How Much Does a Magistrate Judge Make in South Africa? A Magistrate Judge working in South Africa will typically earn around 1,114,700 ZAR per year, and this can range from the lowest average salary of about 514,300 ZAR to the highest average salary of 1,777,700 ZAR.

Why do South Africans say my lady in court?

The paralympian wasn't being fresh with Judge Thokozile Masipa. "My lady" is the accepted way to address female judges in South Africa, while the male equivalent is "my lord."

How do you greet a female judge?

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.

What do judges wear in South Africa?

In South Africa a presiding officer's dress is determined by the nature matter; if the case is a civil, the judge will wear black. If criminal, then red.

What is the most paying job in South Africa?

Top 20 Highest Paying Jobs In South Africa 2023
  • Specialist Doctor: R1,123, 890 p/a.
  • Technical and Business Architect: R871,342 p/a.
  • Petroleum Engineer: R694,700 p/a.
  • IT Manager: R663,539 p/a.
  • Industrial Engineer: R663,347 p/a.
  • Management Consultant: R625,038 p/a.
  • Financial Manager: R619,240 p/a.
  • Actuary: R550,656 p/a.

What is the retirement age for judges in South Africa?

11. Section 176(1) of the Constitution provides: “A Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge.”

How old is the youngest magistrate?

Two of the country's youngest magistrates, Nisha Kundra (sworn in aged 20) and Lucy Tate (sworn in aged 19), were studying their LLBs at Coventry University and the University of Leeds respectively when they took up their posts.

What age are most magistrates?

Although magistrates can be appointed from age 18, there are very few magistrates under 30 (1%), while 85% of magistrates are 50 and over, and 55% aged 60 and over, see figure 15. The average age of magistrates is 58.8 years old, and has remained at just under 60 since 2012 (the available time series).

How many district magistrates courts are there in South Africa?

By 2018, the country had 384 magisterial districts, 18 subdistricts, 235 periodical courts, and 79 branch courts. Similarly, the country had 1,914 magistrates as well as 351 regional court magistrates.