[1][2] On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions.

The Appellate Division, therefore, remained the highest court in non-constitutional matters.

The court is composed of a President, a Deputy President, and the number of ordinary Judges of Appeal determined in terms of an Act of Parliament; at present there are 23 ordinary positions on the court.

[3] Cases before the court are generally heard by panels of five judges.

Judges are appointed by the President of South Africa on the advice of the Judicial Service Commission.