Law of South Africa

Module 4

Courts and the legal professions: judicial independence, the court hierarchy, the Constitutional Court, specialised courts, attorneys and advocates, prosecutors, notaries and conveyancers, and the path to practise

South Africa’s courts form a clear hierarchy: magistrates’ courts, the High Courts, the Supreme Court of Appeal and, at the top, the Constitutional Court. Beside them are specialised courts and tribunals for labour, competition, land, equality and tax. Section 165 vests judicial authority in the courts, declares them independent and subject only to the Constitution and the law, and orders that no person or organ of state may interfere with their functioning. The legal profession has two branches: attorneys, who deal with clients, and advocates, who are specialist barristers briefed by attorneys, both regulated by the Legal Practice Council. Conveyancers and notaries are attorneys with extra qualifications, and prosecutors work for the National Prosecuting Authority. For a foreigner the key facts are where a claim is heard, who may act as a lawyer and what a foreign lawyer may do.

General education on the law of South Africa, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the province and the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult a South African attorney for any real matter.

This course was written on 5 November 2026. To the best of our knowledge, it describes the law of South Africa as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.