Judicial review of inferior court proceedings – or, the ghost of prerogative writs in South African law

Superior courts in South Africa have statutory powers to review the proceedings of inferior courts within their jurisdiction. The proceedings of superior courts are not so reviewable. Thus it was held in Gentiruco AG v Firestone SA (Pty) Ltd that it was common cause that the proceedings of the (then) supreme court “are not reviewable; the only remedy of an unsuccessful litigant is an appeal. The reason is that by statute only ‘the proceedings of inferior courts’ have been and are reviewable.”The position is restated in Vereniging van Bo-Grondse Mynamptenare van SA v President of the Industrial Court: “Apart from the inherent power of the Supreme Court to review the proceedings of domestic tribunals other than courts of law, by statute only the proceedings of inferior courts have been and are reviewable by a Provincial or Local Division of the Supreme Court ….”