LEGAL AUTHORITIES

Available Legal Resources

NextLaw Subscribers now have access to legal resources from the following legal authorities:

1

Constitutional Court

The Constitutional Court, the highest court in South Africa on constitutional matters, was born out of the country’s first democratic Constitution in 1994. In an acclaimed building at Constitution Hill, the 11 judges stand guard over the Read More...

2

Supreme Court of Appeal

These are decisions of the The Supreme Court of Appeal from 1971 to date and are updated on weekly basis into your devices automatically. The Supreme Court of Appeal is based in Bloemfontein in the Free State. Except for the Constitutional Court, it Read More...

3

High Court

These are Decisions of the High Courts of South Africa from the 70’s to date and are updated on weekly basis. Then there are High Courts which used to be called “The Supreme Courts”. They listen to any case which is too serious Read More...

4

Labour Appeal Court

These are Decisions of the Labour Court of Apppeal from inception to date, and updated weekly. The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and Read More...

5

Labour Court

These are Decisions of the Labour Court of South Africa from inception to date, and updated weekly. The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee Read More...

6

Statutes of Parliament

This is the compilation the Statutes of the Parliament from pre-democratic and post-democratic South Africa and its updated as at when new Acts and Amendments are passed and signed into law by the President. In democratic countries such as South Read More...

7

Competition Appeal Court Decisions

These are Decisions of the Competition Appeal Court from inception to date and updated as at when new decisions become available. The Competition Appeal Court is established in terms of section 36 of the 1998 Act. It has status similar to that of a Read More...

8

Competition Tirbunal Decisions

These are the Decisions of the Competition Tribunal from inception and updated as at when they are available. The Competition Tribunal adjudicates competition matters, in accordance with the act and has jurisdiction throughout South Africa. It is Read More...

9

Company Tribunal Decisions

These are Decisions of the Companies Tribunal from inception to date, and updated as at when new decisions are available. The Tribunal is a newly established body under the Companies Act. Its functions include: Adjudicating in relation to any Read More...

10

Commissioner of Patents Decisions

These are decisions made by the Commissioner of Patent as a result of Patent disputes. A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical Read More...

11

Tax Court Decisions

The Special Income Tax Courts sit within provincial divisions of the High Court and consists of a judge of the High Court assisted by an accountant of not less than 10 years’ standing, and a representative of the business community. This court Read More...

12

Electoral Court Decisions

The Electoral Court is a South African court that oversees the Electoral Commission (EC) and the conduct of elections. It was established by the Electoral Commission Act, 1996 to replace a Special Electoral Court which oversaw the 1994 elections, and Read More...

13

Land Claims Court

The Land Claims Court was established in 1996.The Land Claims Court specialises in dealing with disputes that arise out of laws that underpin South Africa’s land reform initiative. These include the Restitution of Land Rights Act, 1994, the Land Read More...

14

Legal Journal & Articles

Law articles and journal are prestigious and scholarly written publications focusing on legal issues, written by high profile legal luminary and scholars, an organization of students at a law school or through a bar association. Legal scholars Read More...

International Resources

The Supreme Court (sometimes colloquially referred to by the acronym UKSC) (Welsh: Y Goruchaf Lys) is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population.
As authorised by the Constitutional Reform Act 2005, Part 3, Section 23(1) and s. 23, the Supreme Court of the United Kingdom was formally established on 1 October 2009. It assumed the judicial functions of the House of Lords, which had been exercised by the Lords of Appeal in Ordinary (commonly called "Law Lords"), the 12 judges appointed as members of the House of Lords to carry out its judicial business as the Appellate Committee of the House of Lords. Its jurisdiction over devolution matters had previously been exercised by the Judicial Committee of the Privy Council.

The Court of Appeal (COA, formally "Her Majesty's Court of Appeal in England") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The COA was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal.
The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division also hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court.

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the states, and the ability to interpret the Constitution of Australia and thereby shape the development of federalism in Australia.
The High Court is mandated by section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The Court was constituted by, and its first members were appointed under, the Judiciary Act 1903. It now operates under sections 71 to 75 of the Constitution, the Judiciary Act,[2] and the High Court of Australia Act 1979. It is composed of seven Justices: the Chief Justice of Australia, and six other Justices. They are appointed by the Governor-General of Australia on the advice of the federal government, and under the constitution must retire at age 70.

The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. Its decisions are the ultimate expression and application of Canadian law and binding upon all lower courts of Canada, except to the extent that they are overridden or otherwise made ineffective by an Act of Parliament or the Act of a provincial legislative assembly pursuant to section 33 of the Canadian Charter of Rights and Freedoms (the "notwithstanding clause").

The Supreme Court of India is the highest judicial court and the final court of appeal under the Constitution of India, the highest constitutional court, with the power of judicial review. Consisting of the Chief Justice of India and a maximum of 31 judges, it has extensive powers in the form of original, appellate and advisory jurisdictions.
As the final court of appeal of the country, it takes up appeals primarily against verdicts of the high courts of various states of the Union and other courts and tribunals. It safeguards fundamental rights of citizens and settles disputes between various government authorities as well as the central government vs state governments or state governments versus another state government in the country. As an advisory court, it hears matters which may specifically be referred to it under the constitution by President of India. It also may take cognisance of matters on its own (or suo moto), without anyone drawing its attention to them. The law declared by the supreme court becomes binding on all courts within India and also by the union and state governments. Per Article 142 of the constitution, it is the duty of the president to enforce the decrees of the supreme court.

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