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History and Background

Supreme Court of Appeal of South AfricaRef: https://www.supremecourtofappeal.org.za/index.php/history

Official source

Source domain: supremecourtofappeal.org.za

Collected on 9 July 2026

Always confirm details on the official source before acting.

Our copy (archived 21 July 2026)Official source

What this means

This document is a “History and Background” page describing the jurisdiction, role, and legal foundations of South Africa’s Supreme Court of Appeal (SCA). It explains how the SCA succeeded the Appellate Division, how the court’s name and leadership changed after the 1996 Constitution, and how its appellate jurisdiction operates alongside the Constitutional Court. It also provides historical context from 1910 onward and outlines South Africa’s mixed legal system (Roman-Dutch common law, statutory law, customary law, and the role of international law).

Facts

Places

Free State, Mangaung, City of Cape Town, Western Cape, George Local Municipality

Reference

https://www.supremecourtofappeal.org.za/index.php/history

Key Takeaways

  • Court: Supreme Court of Appeal (SCA) in South Africa
  • Successor: Appellate Division (AD); originally constituted in 1910
  • 1996: With creation of the Constitutional Court and enactment of s 166 of the Constitution, name changed to Supreme Court of Appeal (SCA)
  • 2001: Headship changed—Chief Justice of Constitutional Court became Chief Justice; SCA head is now President of the SCA
  • 1994–2013: Constitutional Court and SCA both served as apex courts with different jurisdiction areas
  • Since August 2013: Constitutional Court jurisdiction extended to matters of general public importance; it became highest court in all matters
  • SCA: general appellate jurisdiction; no original jurisdiction; second highest court; binding decisions on lower courts
  • SCA has 23 permanent judicial positions plus President and Deputy President
  • Legal system: mixed system—Roman-Dutch common law foundation; modified by statutes; judicial precedent as a source of law
  • Customary law: integral part of South African law, subject to the Constitution
  • International law: agreements become law when enacted by national legislation; customary international law applies unless inconsistent with the Constitution or an Act of Parliament; courts must prefer interpretations consistent with international law
  • Historical proposal: 1905 conference of attorneys-general at Bloemfontein proposed a South African court
  • 1908 National Convention (Cape Town): proposal by Sir James Rose Innes and Sir William Solomon to establish the court with a chief justice, two ordinary judges of appeal, and two additional part-time judges of appeal
  • Union of South Africa Act, 1909: Appellate Division as final court of appeal, subject to Privy Council appeals on special leave
  • Privy Council appeals abolished: Privy Council Appeals Act 16 of 1950
  • Supreme Court of Appeal (SCA)
  • Constitutional Court of South Africa
  • Appellate Division (AD)
  • Chief Justice of the Constitutional Court
  • President of the SCA
  • Deputy President of the SCA
  • Privy Council
  • Judicial Committee of the Privy Council
  • Sir Henry de Villiers (Lord De Villiers of Wynberg)
  • Sir James Rose Innes
  • Sir William Solomon
  • Christian George Maasdorp
  • Jacob Abraham Jeremy (Jaap) de Villiers
  • Sir Henry Juta
  • Sir John Kotzé