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Go to Court
Which court decides your matter, what it can and cannot do, and how a case gets there — the Supreme Court, the National Court and the District Court.
Section 155 of the Constitution establishes the National Judicial System: the Supreme Court, the National Court, and such other courts as are established under section 172. Section 158 vests the judicial authority of the People in that system, and directs the courts, in interpreting the law, to give paramount consideration to the dispensation of justice.
Not every body that decides something is a court. Village Courts, Land Courts, Leadership Tribunals and Commissions of Inquiry all sit outside or at the edge of that structure, and section 159 permits it — subject to the rule in section 159(3) that no body outside the National Judicial System may impose imprisonment or any other penalty as for a criminal offence. Guides to those bodies will be added as the site grows.
The courts and tribunals
Start with the body that has jurisdiction over your matter. Going to the wrong one costs time and, usually, money.
Supreme Court
The final court of appeal, with an inherent power to review all judicial acts of the National Court, exclusive jurisdiction to interpret the Constitution on a reference, and the power to make orders necessary to do justice.
Read more → Superior court · unlimited jurisdictionNational Court
A court of unlimited jurisdiction: serious criminal trials, large civil claims, judicial review, human rights enforcement under section 57, divorce, adoption, and appeals from the District Court.
Read more → Court of summary jurisdictionDistrict Court
The court most people actually use: summary criminal matters, committals for the National Court, civil claims up to the statutory limit, family maintenance, and the Family Court sitting under the Lukautim Pikinini Act 2015.
Read more →Which one is yours?
| Your matter | Where it starts |
|---|---|
| A criminal charge | District Court — which either deals with it summarily or commits it to the National Court for trial on indictment |
| A civil claim within the District Court’s money limit | District Court |
| A large civil claim, or a claim against the State | National Court |
| Judicial review of a decision by a public body | National Court — Constitution s 155(3) and (4) |
| Enforcement of a Basic Right | National Court under Constitution s 57; see enforcement of rights |
| Divorce, nullity or adoption | National Court only |
| Child maintenance, custody or child protection | The Family Court, sitting as a District Court |
| A dispute about customary land | Mediation, then the Local Land Court, with appeal to the Provincial Land Court |
| A complaint that a leader has breached the Leadership Code | The Ombudsman Commission, then a Leadership Tribunal |
| An appeal from the National Court | Supreme Court |
How appeals move up
Village Court → District Court → National Court → Supreme Court.
Land mediation → Local Land Court → Provincial Land Court.
The Supreme Court is the final court of appeal — Constitution s 155(2)(a). There is nothing above it.
Section 155(3)(a) — the National Court has an inherent power to review any exercise of judicial authority, which is the basis of judicial review of decisions by lower courts and by public bodies.
Section 155(4) — both the Supreme Court and the National Court have an inherent power to make orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case.
Before you file
- Jurisdiction. Does this body have power to decide this kind of matter, and is the amount or the offence within its limits?
- Time. Many claims have a limitation period, and some are short — an action under the Adultery and Enticement Act 1988 must be brought within six months. Claims against the State have their own notice requirements.
- Mediation or reconciliation first. Customary land disputes must go to mediation before a Local Land Court hearing; the Court must attempt mediation in an adultery action; and the National Court must consider reconciliation in a matrimonial cause.
- Cost. Filing fees, service, travel and, usually, a lawyer. The Office of the Public Solicitor — established by Constitution s 176 — provides legal aid to those who qualify.
- Whether a court is the right answer at all. A Commission of Inquiry finds facts but decides nothing; a complaint to the Ombudsman Commission may achieve more than litigation.
Court jurisdictions, monetary limits and fees are set by legislation and by rules of court, and they change. These pages name the provisions they rely on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.