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HLWC1181 ASSESSMENT 1 2023 ESSAY
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0717513144 HLWC1181 ASSESSMENT 1 2023 muzavazi47@gmail.comDISCLAIMER
The HLWC1181 assignment 1 2023 is a guide that help students to answer their
1st assessment. Therefore, students can use as the document contains different
pools of questions. Those who need further assistance may contact the given
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, 0717513144 HLWC1181 ASSESSMENT 1 2023 muzavazi47@gmail.com
Question 1 (15 marks)
For each of the following statements below, indicate whether it is true or false and
provide a justification for your answer:
1.1. Magistrate's Courts are the highest level of court in South Africa. (3 marks)
The statement is false. 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.
1.2. The Constitutional Court is the highest court in South Africa for specifically for
constitutional matters. (3 marks)
The statement is true. The Constitutional Court is South Africa's highest court on
constitutional matters. So, its jurisdiction - the scope of its authority to hear cases - is
restricted to constitutional matters and issues connected with decisions on
constitutional matters. Chapter 8 of the final Constitution, entitled "Courts and
Administration of Justice", sets out the structure of South Africa's court system and
defines the role of each court. Section 165 says the judicial authority of South Africa
is vested in the courts, which are independent and subject only to the Constitution and
the law.
1.3. The Regional Court has jurisdiction over claims between R200,000 and R400,000.
(3 marks)
The statement is true. After the amendments, the Regional Magistrates’ court now has
jurisdiction to hear matters where the cause of action is a claim for an amount
betweenR200 000.00 – R400 000.00. However, previously their monetary jurisdiction
was between R100 000.00 – R300 000.00.
1.4. The Small Claims Court has jurisdiction over claims up to R50,000. (3 marks)
The statement is false. The Small Claims Court (“SCC”) was established by the Small
Claims Court Act 61 of 1984 (“Act”) as a means of improving access to justice by
providing informal court processes through which members of the public could settle
small civil claims. The SCC aims to resolve civil claims speedily, inexpensively and
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