All constitutional matters are dealt with by the Constitutional Court, the highest court in the land, which is situated in Johannesburg.

The Supreme Court of Appeal of South Africa, the successor of the Appellate Division of the Supreme Courts of South Africa was created by the Constitution of 1996. According to the Constitution -

• it functions only as a court of appeal
• it may decide any matter on appeal and,
• it is except for constitutional matters, the highest court of appeal

It is composed of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. The Supreme Court of Appeal has jurisdiction to hear and determine an appeal against any decision of a High Court.

Decisions of the Supreme Court of Appeal are binding on all courts of a lower order, and the decisions of the High Courts are binding on Magistrates' Courts within the respective areas of jurisdiction of the divisions.

Whereas previously the head of the Appellate Division was the chief justice, this is no longer the case. The Chief Justice of South Africa is now located in the Constitutional Court.

The seat of the Supreme Court of Appeal is at Bloemfontein. Provision exists for a session of the court at some other place when by reason of exceptional circumstances it is expedient to hold its sitting there. Its process runs throughout the Republic and its judgments and orders have effect and are executed in the areas of other divisions as if they were original judgments or orders of these divisions.

The Court sits in panels of five or three Judges, depending on the nature of the appeal. The composition of the panels differ for each case. The senior judge on each panel presides in that case and decides which judge is to write the judgment (or opinion) of the court. There may be more than one judgment in each case if there is a difference of opinion. The decision of the majority is the decision of the Court. Judges and counsel are robed in court.

1. The judicial authority of the Republic is vested in the Courts.
2. The courts are independent and subject only to the Constitution and the Law, which they must apply impartially and without fear, favour or prejudice.
3. No person or organ of state may interfere with the functioning of the courts.
4. Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.
5. An order or decision issued by the courts binds all persons to whom and organs of state to which it applies.

The Supreme Court of Appeal is the court of appeal in respect of appeals and questions of law reserved in connection with criminal cases heard by a High Court, except in cases where a court granting leave to appeal is satisfied that the appeal does not require the attention of the Supreme Court of Appeal. In such cases it directs that the appeal be heard by a full court. There is no automatic right to appeal, but leave to appeal is required of the court of first instance. If the intended appeal is against the decision of a full court, special leave to appeal to the Supreme Court of Appeal is required. If a special entry of an irregularity or illegality in the proceedings is made on the record, the person convicted has a right to appeal to the Supreme Court of Appeal. Questions of law arising in a superior court may be reserved at the behest of the State or the accused for consideration by the Supreme Court of Appeal. The Director of Public Prosecutions may appeal to the Supreme Court of Appeal against the sentence imposed on an accused by a superior court, but requires leave in accordance with the relevant legislation.