Court Litigation

Court Litigation

The process of taking a civil lawsuit to court is known as litigation.

Types of Courts in South Africa

The Constitutional Court is the highest Court in South Africa, although it exclusively hears constitutional cases. The Supreme Court of Appeal is not a Court of First Instance, rather than an appeals court. Litigation must begin in a court with authority to act as a first-instance court. The High Court, Magistrates Court, and a few other Courts constituted by the Act of Parliament are among them.

High Court Litigation

The High Court can be approached in two ways: by summons or application. Pleadings are submitted if the summons route is selected. The plaintiff’s claim is set up in particulars of claim, while the defence is outlined in a plea. The Rules of Court stipulate what they must include. The High Court hears any case that falls beyond the Magistrates’ Court’s authority or when a person or organisation petitions the court to overturn a Magistrates’ Court’s judgment, known as an appeal. Cases before the High Court are heard by a single Judge, who has several years of experience in the field. However, if the matter is on appeal, it must be heard by at least two judges. The High Court divisions have the right to hear a matter over defined provincial areas in which they are located, and the High Courts’ judgements are binding on Magistrates’ Courts within their jurisdiction. High Courts typically only hear civil cases with a value of above R100,000 and significant criminal proceedings. They also hear appeals and reviews from lower courts within their authority. Any case affecting a person’s status is usually heard by the High Court, such as adoption.

Magistrate Court Litigation

The Magistrates’ Court is the inferior court that deals with criminal and civil situations that are not as serious. In a Magistrates’ Court, the Magistrate makes the decisions, often with the help of lay assessors. Regional and district courts are the two types of magistrate’s courts. Regional Magistrates’ Courts exclusively deal with criminal cases at the moment, whereas District Magistrates’ Courts deal with both criminal and civil issues. Magistrate’s Courts are separated into two categories: criminal and civil. Murder, rape, armed robbery, and violent assault are more serious matters handled by Regional Magistrates’ Courts compared to ordinary Magistrates’ Courts. The less serious cases are heard in district courts. They cannot try murder, treason, rape, terrorism, or sabotage crimes. They have the power to condemn someone to a maximum of 3 years in prison or a fine of R100,000. Divorces, contests and disagreements over a will and questions about whether or not a person is mentally sane are all cases that magistrate’s courts cannot handle.