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The South African court system is organised hierarchically, and consists of (from lowest to highest legal authority): Magistrates' Courts ; High Courts ; a Supreme Court of Appeal. the highest authority in non-Constitutional matters; and a Constitutional Court. which is the highest authority in constitutional matters. [ 2 ] The Constitutional Court has final authority to decide whether an issue is Constitutional or not. Certain specialised courts have also been provided for by the legislature, in order to avoid backlog in the main legal administration infrastructure. Among these is the Small Claims Court, which resolves disputes involving small monetary sums. In addition, African indigenous courts, which deal exclusively with indigenous law, also exist.

From the "union" of the Cape Colony. Natal. Transvaal and Orange Free State in 1910 as a dominion within the British Empire called the Union of South Africa, and prior to the formation of the same territory as the Republic of South Africa in 1961, much of English law was incorporated into or formed the basis of South African law. It and the Roman-Dutch law which held sway prior to this period forms the bedrock to which South Africa even now turns in its search for clarity in its law, and where there is a vacuum in its law.

With the failure of the successive Dutch, British and Apartheid governments to record the laws of pre-colonial southern Africa, there is a dearth of information about laws prior to the colonisation of South Africa. [citation needed ] However, the current South African legal system has recognised the significance of these, and they have been incorporated into the overall legal system, functioning as district/local courts where appropriate [citation needed ] .