Are magistrates employees of the Department of Justice?
Therefore, the court held that a magistrate is not an employee as defined within the LRA by virtue of the special constitutional position a magistrate holds as a judicial officer appointed in terms of Chapter 8 of the Constitution.
What do you call a magistrate in South Africa?
A Magistrates are referred to as Your Worship. Q Who trains Judges and Magistrates? A The South African Judicial Education Institute (SAJEI) co-ordinates all training and related matters for all Judicial Officers.
What is the role of a magistrate in court?
Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.
What does the Department of Justice do in South Africa?
The Department of Justice and Constitutional Development is an organ of the South African Government. Its mandate is to uphold and protect the Constitution and the rule of law. The Department is responsible for overseeing the administration of justice in the interests of a safer and more secure South Africa.
Is Magistrate and judge the same?
The word judge has been derived from French word juger. A civil officer or a minor judicial officer in specific areas like district, town, etc is called as Magistrate. The mandate of Magistrate is to handle minor cases. A Judge is not a civil officer neither is he a minor judicial officer.
What cases do magistrates deal with?
A magistrates’ court normally handles cases known as ‘summary offences’, for example:
- most motoring offences.
- minor criminal damage.
- common assault (not causing significant injury)
What is the difference between a JP and a magistrate?
The titles “magistrate” and “justice of the peace” are interchangeable terms for basically the same thing, although today the former is commonly used in the popular media, and the latter in more formal contexts. All magistrates are Justices of the Peace. The term Magistrate is uses when that person is sitting in court.