Courts And Courts Procedure
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53).' 4(% #/5243 #/524 02/#%$52%3 ).42/$5#4)/. 4/ 4(% ,!7
7HERE DOES THE LAW COME FROM
#ONSTITUTIONAL LAW
3TATUTE LAW
#OMMON LAW
#USTOMARY LAW
(OW IS A COURT DECISION OR JUDGMENT MADE
+INDS OF LAW CRIMINAL AND CIVIL #RIMINAL LAW #IVIL LAW #RIMINAL AND CIVIL ACTIONS
3425#452% /& 4(% #/5243
4HE #ONSTITUTIONAL #OURT 4HE 3UPREME #OURT OF !PPEAL #(!24 4HE COURTS IN 3OUTH !FRICA AND APPEAL AND REVIEW PROCEDURES 4HE (IGH #OURTS 7HERE ARE THE (IGH #OURTS !PPEALS AND REVIEWS FROM A (IGH #OURT -AGISTRATEgS #OURTS #RIMINAL #OURTS 2EGIONAL -AGISTRATEgS #OURTS $ISTRICT /RDINARY -AGISTRATEgS #OURTS *UVENILE #OURTS
#IVIL #OURTS -AINTENANCE #OURTS &AMILY #OURTS
#HILDRENS #OURTS %QUALITY #OURTS #OMMUNITY COURTS AND COURTS FOR #HIEFS AND (EADMEN
!PPEALS AND REVIEWS FROM A -AGISTRATEgS #OURT 3MALL #LAIMS #OURTS 4HE ,ABOUR #OURT 4HE ,AND #LAIMS #OURT 7HO WORKS IN THE LEGAL SYSTEM
42)!,3 !00%!,3 !.$ 2%6)%73
7HAT IS A TRIAL 7HAT IS AN APPEAL 7HAT IS A REVIEW !UTOMATIC REVIEW !SKING FOR A REVIEW /UTCOME OF THE REVIEW
3%44,).' $)3054%3 /543)$% /& #/524
.EGOTIATION -EDIATION !RBITRATION
4(% #2)-).!, #/524 #2)-).!, #!3%3
0OLICE POWERS 0OWERS OF THE POLICE TO QUESTION 0OWERS OF THE POLICE TO SEARCH AND SEIZE 3EARCH WITH A SEARCH WARRANT 3EARCH WITHOUT A SEARCH WARRANT
0OWERS OF THE POLICE TO ARREST !RREST GENERAL RULES -AKING A LAWFUL ARREST 5NLAWFUL ARREST 5SING FORCE TO MAKE AN ARREST OR TO STOP YOU ESCAPING FROM ARREST 5NLAWFUL USE OF FORCE
!RREST BY AN ORDINARY PERSON 2IGHTS OF ARRESTED PEOPLE 7HAT TO DO IF YOU ARE ARRESTED 2EPORTING A CASE OF POLICE MISCONDUCT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE #RIMINAL CHARGES 7HAT IS A CRIMINAL CHARGE 4HE .ATIONAL 0ROSECUTING !UTHORITY
7HAT ARE YOUR RIGHTS IF YOU ARE CRIMINALLY PROSECUTED ,AYING A CRIMINAL CHARGE AGAINST ANOTHER PERSON 3TEPS IN LAYING A CRIMINAL CHARGE AGAINST ANOTHER PERSON
7HAT HAPPENS IF SOMEONE LAYS A CRIMINAL CHARGE AGAINST YOU 4HE INVESTIGATION
#HARGE AND ARREST 0RISONERgS &RIEND 3TATEMENTS
"AIL 0OLICE BAIL "AIL BY CERTAIN PROSECUTORS #OURT BAIL 4HE #RIMINAL 0ROCEDURES 3ECOND !MENDMENT !CT "AIL ,AW 3TEPS IN A CRIMINAL COURT CASE 4HE lRST DAY
#(!24 3UMMARY OF STEPS IN A CRIMINAL COURT CASE 4HE PLEA 4HE TRIAL 4HE STATE PRESENTS ITS CASE $ISCHARGE 4HE CASE IN YOUR DEFENCE !RGUMENT *UDGMENT %VIDENCE IN MITIGATION 3ENTENCE IS GIVEN 2EVIEW OR APPEAL
0AROLE (AVING A CRIMINAL RECORD $EALING WITH ORGANISED CRIME 4HE 0REVENTION OF /RGANISED #RIME !CT 4HE CHILD JUSTICE SYSTEM #(!24 4HE CHILD JUSTICE BILL HOW THE CHILD JUSTICE SYSTEM WILL WORK !GE AND CRIMINAL CAPACITY 5SING DIVERSION %STABLISHING /NE STOP #HILD *USTICE #ENTRES #OMMUNITY 0OLICE &ORUMS &ORMING #OMMUNITY 0OLICE &ORUMS #0&S #(!24 %LEMENTS FOR EFFECTIVE COMMUNITY POLICING 4HE ROLE OF #OMMUNITY 0OLICE &ORUMS #(!24 2ELATIONSHIP BETWEEN LOCAL GOVERNMENT #0&S AND THE POLICE ,OCAL GOVERNMENT AND #0&S &UNDING #0&S
4(% #)6), #/5243 #)6), #!3%3
#IVIL CLAIMS 0RESCRIPTION PERIODS 0REPARING FOR A CIVIL CLAIM 3TEPS IN A CIVIL CLAIM IN A MAGISTRATES COURT
#(!24 3UMMARY OF STEPS IN A CIVIL CLAIM IN A MAGISTRATES COURT 3UMMARY OF STEPS IN A CIVIL CLAIM #OSTS %NFORCING A CIVIL JUDGMENT 0AYING IN INSTALMENTS 7ARRANT OF EXECUTION
0ROBLEMS WITH CIVIL CLAIMS 3MALL #LAIMS #OURT 7HICH 3MALL #LAIMS #OURT MUST YOU USE TO MAKE A CLAIM 3UMMARY OF STEPS IN A 3MALL #LAIMS #OURT #(!24 3TEPS IN THE 3MALL #LAIMS #OURT ,ETTER OF DEMAND )SSUING THE SUMMONS 4HE TRIAL #HANGING THE CLAIM
4HE COMMISSIONER GIVES JUDGEMENT 7HAT HAPPENS IF THE DEFENDANT DOES NOT APPEAR IN COURT $EFAULT JUDGMENT
2ESCINDING SETTING ASIDE A DEFAULT JUDGMENT
7HAT HAPPENS IF THE CLAIMANT DOES NOT APPEAR IN COURT
3TEPS FOLLOWING JUDGMENT 4AKING A JUDGMENT ON REVIEW %NFORCING A 3MALL #LAIMS #OURT JUDGMENT %QUALITY COURTS 2EFERRING A CASE TO THE %QUALITY #OURT 3TEPS TO TAKE IN REFERRING A CASE TO THE %QUALITY #OURT 7HAT ORDER CAN THE %QUALITY #OURT MAKE 2IGHT OF APPEAL AND REVIEW IN THE %QUALITY #OURT )NTERDICTS 7HAT IS AN INTERDICT 7HO CAN BRING AN INTERDICT 3TEPS IN GETTING AN INTERDICT 0ROBLEMS WITH INTERDICTS 3PECIAL KINDS OF INTERDICTS 3POLIATION ORDERS 7HAT IS A SPOLIATION ORDER 7HO CAN APPLY FOR A SPOLIATION ORDER 7HAT MUST YOU SHOW THE MAGISTRATE TO GET A SPOLIATION ORDER
53).' !. !44/2.%9
2ESPONSIBILITIES OF ATTORNEYS 7HEN DO YOU NEED A ATTORNEY (OW TO lND A ATTORNEY (OW TO PAY FOR A ATTORNEY !PPLYING FOR ,EGAL !ID -EANS TEST 3TEPS TO TAKE TO GET ,EGAL !ID /FlCE OF THE 0UBLIC $EFENDER ,EGAL !ID #LINICS *USTICE #ENTRES 7HO CAN USE *USTICE #ENTRES 7HAT SERVICES DO *USTICE #ENTRES PROVIDE 5NIVERSITY LEGAL AID CLINICS !DVICE #ENTRES ,EGAL 2ESOURCES #ENTRES !TTORNEYSg ASSOCIATIONS
02/",%-3 7HICH COURT SHOULD BE USED IN EACH EXAMPLE #LAIM IS TOO LARGE FOR THE 3MALL #LAIMS #OURT (OW URGENT IS THE NEED FOR AN INTERDICT 0ASSING THE ,EGAL !ID MEANS TEST !PPEALING AGAINST THE DECISION OF A MAGISTRATE &AILING TO OBEY A CIVIL COURT ORDER 2EFUSING TO GIVE YOUR NAME OR ADDRESS TO THE POLICE 0OLICE SHOOT AND INJURE WHILE MAKING AN ARREST 9OUR RIGHT TO APPEAR IN COURT WITHIN HOURS OF ARREST 0OLICE MISCONDUCT
-/$%, ,%44%23 ,ETTER OF DEMAND FOR THE 3MALL #LAIMS #OURT
#(%#+,)343 0ARTICULARS TO TAKE IF SOMEONE HAS RECEIVED A SUMMONS 0ARTICULARS TO TAKE IF SOMEONE HAS ALREADY APPEARED IN COURT ON A CRIMINAL CHARGE
2%3/52#%3
)NTRODUCTION TO THE LAW 4HE LAW IS A SET OF RULES USED TO CONTROL THE BEHAVIOUR OF PEOPLE IN SOCIETY WHICH s TELLS YOU WHAT YOU MUST DO s TELLS YOU WHAT YOU MUST NOT DO s TELLS YOU WHAT OTHERS MAY NOT DO TO YOU )N OTHER WORDS THE LAW TELLS YOU ABOUT YOUR LEGAL gRIGHTSg AND gDUTIESg
7(%2% $/%3 4(% ,!7 #/-% &2/- "EFORE THE %UROPEAN SETTLERS ARRIVED AT THE #APE THE PEOPLE OF 3OUTH !FRICA HAD THEIR OWN LAW AND RULERS 4ODAY THESE LAWS ARE CALLED gINDIGENOUS LAWg OR gCUSTOMARY LAWg 7HEN *AN 6AN 2IEBEECK ARRIVED AT THE #APE IN THE $UTCH 3ETTLERS BROUGHT THEIR LAW FROM THE .ETHERLANDS 4HIS IS CALLED g2OMAN $UTCH ,AWg &OR THE NEXT YEARS THIS 2OMAN $UTCH LAW WAS THE OFFICIAL LAW OF THE #APE )N THE EARLY S THE "RITISH TOOK OVER THE RULE OF THE #APE FROM THE $UTCH 4HEY BROUGHT %NGLISH LAW WITH THEM )N THE FOUR COLONIES OF 3OUTH !FRICA JOINED TOGETHER TO BECOME THE 5NION OF 3OUTH !FRICA 4HIS CREATED ONE CENTRAL GOVERNMENT WITH THE POWER TO MAKE ALL THE LAWS OF THE COUNTRY "UT MOST PEOPLE WERE NOT ALLOWED TO VOTE FOR THIS GOVERNMENT SO LAWS WERE MADE BY AN UNDEMOCRATICALLY ELECTED GOVERNMENT )N !PRIL ONE CENTRAL GOVERNMENT WAS ELECTED DEMOCRATICALLY FOR THE FIRST TIME IN 3OUTH !FRICA
#/.34)454)/.!, ,!7 3ECTION OF THE #ONSTITUTION SAYS THAT THE #ONSTITUTION IS THE SUPREME LAW OF THE LAND !LL LAWS HAVE TO FOLLOW IT AND CANNOT GO AGAINST IT 3EE PAGE (ISTORY OF #ONSTITUTIONS IN 3OUTH !FRICA AND PAGE 4HE RELATIONSHIP BETWEEN THE #ONSTITUTION AND OTHER LAWS
34!454% ,!7 3TATUTE LAW IS WRITTEN LAW THAT HAS BEEN MADE BY THE GOVERNMENT 4HESE LAWS ARE MADE BY 0ARLIAMENT AND ARE CALLED STATUTES OR ACTS 4HEY ARE PUBLISHED IN A GOVERNMENT NEWSPAPER CALLED THE 'OVERNMENT 'AZETTE !N EXAMPLE OF A STATUTE LAW IS THE 0ROTECTED $ISCLOSURES !CT .O OF 4HIS MEANS IT WAS THE TH LAW PASSED IN 3EE PAGE -AKING LAWS 0ROVINCES TOWNS AND CITIES ARE ALLOWED TO MAKE THEIR OWN LAWS WHICH ONLY APPLY TO THEM 4HESE ARE CALLED ORDINANCES FOR THE PROVINCES OR BY LAWS FOR THE TOWNS AND CITIES 4HE #ONSTITUTIONAL #OURT CAN DECLARE ANY STATUTE LAW INVALID IF IT GOES AGAINST THE #ONSTITUTION /THER COURTS CAN ONLY DECLARE LESS IMPORTANT LAWS INVALID 3EE PAGE 7HAT HAPPENS IF A "ILL IS OR MIGHT BE UNCONSTITUTIONAL
#/--/. ,!7 4HE COMMON LAW IS THE SET OF LAWS NOT MADE BY 0ARLIAMENT AND COMES FROM 2OMAN $UTCH AND %NGLISH LAW BROUGHT BY THE EARLY SETTLERS 4HE COMMON LAW HAS DEVELOPED THROUGH THE DECISIONS OF JUDGES IN THE COURTS #RIMES LIKE MURDER RAPE THEFT AND TREASON ARE PART OF THE COMMON LAW 4HE COMMON LAW CAN BE CHANGED BY NEW DECISIONS IN THE COURTS
#534/-!29 ,!7 #USTOMARY LAW COMES FROM INDIGENOUS CULTURES IN 3OUTH !FRICA AND IS ALSO OFTEN REFERRED TO AS INDIGENOUS LAW 7HEN THE SETTLERS ARRIVED IN THE #APE IN THERE WAS ALREADY AN ESTABLISHED LEGAL SYSTEM BEING PRACTICED BY THE PEOPLE WHO LIVED THERE 4HIS INDIGENOUS LEGAL SYSTEM WAS s UNWRITTEN s PASSED ON ORALLY FROM GENERATION TO GENERATION s STRONGLY TIED TO CULTURE TRADITION AND THE TRIBE "UT CUSTOMARYINDIGENOUS LAW WAS NOT RECOGNISED AS PART OF THE 3OUTH !FRICAN LEGAL SYSTEM BY THE COLONIAL POWERS 2OMAN $UTCH LAW WAS SEEN AS THE COMMON LAW OF THE LAND AFTER SETTLEMENT OF THE $UTCH %AST )NDIA #OMPANY IN !T THAT STAGE ALL THE CUSTOMARY LAWS WERE PASSED ON BY WORD OF MOUTH AND WERE UNWRITTEN 7HEN "RITAIN TOOK OVER THE #APE IN THE COLONIAL POLICY WAS TO KEEP ON THE LOCAL LAWS OF THE NEW COLONIES AS LONG AS THEY WERE hCIVILIZEDv 2OMAN $UTCH LAW WAS SEEN AS CIVILIZED AND ALL OTHER SYSTEMS OF LAW WERE IGNORED )T WAS ONLY WHEN 3OUTH !FRICA BECAME A DEMOCRACY IN AND ADOPTED ITS #ONSTITUTION THAT INDIGENOUS LAW WAS RECOGNISED AS HAVING THE SAME STANDING AS 2OMAN $UTCH LAW 5NDER THE #ONSTITUTION 2OMAN $UTCH AND CUSTOMARYINDIGENOUS LAW ARE NOW TREATED AS EQUAL (OWEVER IF THE CUSTOMARY LAW IS IN CONFLICT WITH THE #ONSTITUTION THEN THE COURT HAS TO APPLY THE #ONSTITUTION AND THE "ILL OF 2IGHTS
(/7 )3 ! #/524 $%#)3)/. /2 *5$'-%.4 -!$% 4HE PERSON WHO LISTENS TO BOTH SIDES OF THE CASE IN THE COURT AND WHO THEN DECIDES WHICH SIDE IS RIGHT AND WHICH SIDE IS WRONG IS CALLED THE JUDGE OR MAGISTRATE 4HE DECISION OF THE JUDGE OR THE MAGISTRATE IS CALLED A JUDGMENT ! JUDGMENT CAN BE MADE IN ONE OF WAYS s 4HE JUDGE OR MAGISTRATE LOOKS TO SEE IF THERE IS A RULE IN LAW WHICH FITS THE CASE )F THERE IS ALREADY A RULE THEN THE JUDGE OR MAGISTRATE MUST USE IT s 3OMETIMES THERE IS NO RULE TO FIT THE CASE 4HE JUDGE OR MAGISTRATE MUST NOW MAKE HIS OR HER OWN JUDGMENT )F THE JUDGMENT SETS A NEW RULE OF LAW THIS CREATES A 02%#%$%.4 )N OTHER WORDS THE JUDGE SETS A NEW STANDARD %8!-0,%
)MAGINE THE LAW SAYS THAT YOU MUST REST ON 3UNDAYS 9OU GO TO A FILM ONE 3UNDAY AND YOU ARE ACCUSED OF BREAKING THE LAW BECAUSE YOU ARE NOT gRESTINGg )N COURT YOU TELL THE MAGISTRATE THAT YOU WERE NOT BREAKING THE LAW BECAUSE WATCHING A FILM IS THE SAME AS RESTING FOR YOU 4HE MAGISTRATE DECIDES THAT THIS IS CORRECT AND SO A PRECEDENT IS SET THAT YOU CAN NOW WATCH FILMS ON 3UNDAYS
s 3OMETIMES THERE IS A RULE WHICH COVERS THE FACTS OF THE CASE BUT IT HAS ALWAYS BEEN APPLIED IN A PARTICULAR WAY ! PERSON MAY ARGUE THAT THE RULE CAN BE APPLIED IN A DIFFERENT WAY )F THE JUDGE OR MAGISTRATE DECIDES THAT THE RULE CAN BE USED IN A NEW WAY THEN THE JUDGE OR MAGISTRATE GIVES A NEW INTERPRETATION OR EXPLANATION OF THAT LAW 4HIS JUDGMENT CAN ALSO BE CALLED A 02%#%$%.4 ! PRECEDENT BECOMES THE LAW UNLESS IT IS REJECTED OR CHANGED BY A HIGHER COURT ! PRECEDENT IS IMPORTANT BECAUSE IT BECOMES THE NEW LAW AND SO WILL BE USED IN FUTURE JUDGMENTS )N CONSTITUTIONAL CASES THE PRECEDENT OF THE #ONSTITUTIONAL #OURT MUST BE FOLLOWED BY ALL COURTS )N OTHER CASES THE PRECEDENTS OF THE 3UPREME #OURT OF !PPEAL MUST
BE FOLLOWED BY THE COURTS BELOW IT NAMELY THE (IGH #OURTS AND -AGISTRATEgS #OURTS )N THE SAME WAY THE PRECEDENTS OF THE (IGH #OURT PROVINCIAL AND LOCAL COURTS MUST BE FOLLOWED BY ALL -AGISTRATEgS #OURTS 0ARLIAMENT CAN CHANGE A PRECEDENT BY MAKING A NEW LAW
+).$3 /& ,!7 #2)-).!, !.$ #)6), 4HERE ARE TWO MAIN KINDS OF LAW IN 3OUTH !FRICA #2)-).!, ,!7 AND #)6), ,!7 #ONSTITUTIONAL LAW AFFECTS BOTH CRIMINAL AND CIVIL LAW
#2)-).!, ,!7 )N A CRIMINAL CASE THE STATE PROSECUTES THE ACCUSED PERSON FOR COMMITTING A CRIME OR BREAKING THE LAW g0ROSECUTESg MEANS THE STATE MAKES A CHARGE AGAINST SOMEONE )F THE COURT FINDS THE PERSON GUILTY THE PERSON CAN BE SENT TO PRISON OR FINED OR PUNISHED IN SOME OTHER WAY %XAMPLES OF DIFFERENT CRIMES AND BREAKING THE LAW INCLUDE RAPE PUBLIC VIOLENCE ASSAULT THEFT AND TRESPASS 5SUALLY THE STATE IS NOT THE COMPLAINANT THE ONE MAKING A CHARGE 4HE STATE PROSECUTES BUT ANY PERSON OR INDIVIDUAL CAN BE THE COMPLAINANT AND LAY A CHARGE AGAINST ANOTHER PERSON OR AGAINST THE STATE ! CRIMINAL CASE CAN BE BROUGHT AGAINST ANYONE WHO HAS BROKEN THE LAW INCLUDING A PERSON WHO WORKS FOR THE STATE SUCH AS A MEMBER OF THE POLICE OR DEFENCE FORCE 3O IF FOR EXAMPLE YOU ARE UNLAWFULLY ASSAULTED OR SHOT BY A MEMBER OF THE POLICE OR DEFENCE FORCE YOU CAN BRING A CRIMINAL CASE AGAINST THEM
#)6), ,!7 #IVIL LAW IS THE SET OF RULES THAT GOVERN YOUR PRIVATE RELATIONSHIPS WITH OTHER PEOPLE 4HE STATE DOES NOT TAKE SIDES IN A DISPUTE BETWEEN PRIVATE PEOPLE %8!-0,%3
#)6), ,!7 $%!,3 7)4(
#ASES SUCH AS MARRIAGE AND DIVORCE IF SOMEONE OWES YOU MONEY RENT AGREEMENTS EVICTIONS DAMAGE TO PROPERTY INJURIES TO PEOPLE AND DISPUTES OVER A HIRE PURCHASE AGREEMENT
! CIVIL CASE IS USUALLY BROUGHT BY A PERSON CALLED THE PLAINTIFF WHO FEELS THAT HE OR SHE WAS WRONGED BY ANOTHER PERSON CALLED THE DEFENDANT )F THE PLAINTIFF WINS THE CASE THE COURT USUALLY ORDERS THE DEFENDANT TO PAY COMPENSATION MONEY 3OMETIMES THE COURT MAY ALSO ORDER A DEFENDANT TO DO OR STOP DOING SOMETHING n FOR EXAMPLE TO STOP DAMAGING THE PLAINTIFFgS PROPERTY 4HE STATE MAY BE INVOLVED IN A CIVIL CASE AS A PARTY IF IT IS SUING OR BEING SUED FOR A WRONGFUL ACT n FOR EXAMPLE IF GOVERNMENT PROPERTY IS DAMAGED OR A GOVERNMENT OFFICIAL INJURES SOMEBODY WITHOUT GOOD REASON
#2)-).!, !.$ #)6), !#4)/.3 3OMETIMES A PERSONgS ACT MAY LEAD TO BOTH CRIMINAL AND CIVIL ACTIONS &OR EXAMPLE 0IET HITS ONE OF THE EMPLOYEES IN HIS FACTORY 4HIS IS A CRIME OF ASSAULT 4HE STATE WILL PROSECUTE HIM IN THE CRIMINAL COURT IF THE EMPLOYEE LAYS A CHARGE AGAINST HIM )F THERE IS ENOUGH PROOF TO SHOW THAT HE IS GUILTY HE MAY BE PUNISHED BY THE STATE "UT 0IET !,3/ CAUSES PAIN TO THE EMPLOYEE 4HIS IS A DAMAGE THAT ONE PERSON DOES TO ANOTHER PERSON 4HE INJURED EMPLOYEE COULD SUE 0IET FOR DAMAGES AND MAKE HIM PAY COMPENSATION FOR MEDICAL EXPENSES LOST WAGES AND PAIN AND SUFFERING 4HIS WILL BE A CIVIL CLAIM FOR DAMAGES THROUGH THE CIVIL COURT
3TRUCTURE OF THE COURTS 4HE COURTS ARE USED TO MAKE PEOPLE OBEY THE LAW 4HEY DO THIS BY DECIDING DISPUTES BROUGHT TO THEM 4HE ORDINARY COURTS ARE s #ONSTITUTIONAL #OURT s 3UPREME #OURT OF !PPEAL s (IGH #OURTS n (IGH #OURTS IN DIFFERENT PROVINCES n LOCAL DIVISIONS FOR EXAMPLE 7ITWATERSRAND ,OCAL $IVISION s -AGISTRATEgS #OURTS n 2EGIONAL -AGISTRATEgS #OURTS CRIMINAL CASES ONLY n $ISTRICT -AGISTRATEgS #OURTS CRIMINAL AND CIVIL CASES s 3MALL #LAIMS #OURTS s #OMMUNITY #OURTS AND COURTS OF #HIEFS AND (EADMEN #OURTS THAT DEAL WITH SPECIAL KINDS OF CASES s ,ABOUR !PPEAL #OURT DEALS WITH APPEALS FROM THE ,ABOUR #OURT s ,ABOUR #OURT DEALS WITH DISPUTES UNDER THE ,ABOUR 2ELATIONS !CT s ,AND #LAIMS #OURT DEALS WITH LAND CLAIMS AND LAND TENURE ISSUES s &AMILY #OURTS DEALS WITH ALL FAMILY MATTERS LIKE DIVORCE s 4AX #OURTS s 7ATER 4RIBUNAL s %QUALITY COURTS 4HESE COURTS HEAR ALL THE DIFFERENT KINDS OF CASES BETWEEN ALL PEOPLE IN 3OUTH !FRICA
4(% #/.34)454)/.!, #/524 4HE #ONSTITUTIONAL #OURT IS IN *OHANNESBURG AND IT IS THE HIGHEST COURT IN 3OUTH !FRICA )T DEALS ONLY WITH CONSTITUTIONAL ISSUES 4HERE ARE #ONSTITUTIONAL #OURT JUDGES BUT CASES ONLY NEED TO BE HEARD BY AT LEAST OF THE JUDGES .O OTHER COURT CAN CHANGE A JUDGMENT OF THE #ONSTITUTIONAL #OURT %VEN PARLIAMENT CANNOT CHANGE THE DECISIONS OF THE #ONSTITUTIONAL #OURT )F THE #ONSTITUTIONAL #OURT MAKES A DECISION THAT SAYS A LAW MUST BE AMENDED OR IT CANNOT BE PASSED BECAUSE IT IS UNCONSTITUTIONAL 0ARLIAMENT CAN DECIDE TO CHANGE THE LAW IN ORDER TO MAKE IT CONSTITUTIONAL
4(% 3502%-% #/524 /& !00%!, 4HE 3UPREME #OURT OF !PPEAL IS IN "LOEMFONTEIN IN THE &REE 3TATE %XCEPT FOR THE #ONSTITUTIONAL #OURT THIS IS THE HIGHEST COURT IN 3OUTH !FRICA )T ONLY HEARS !00%!,3 FROM THE (IGH #OURT !LL CASES IN THE 3UPREME #OURT OF !PPEAL ARE HEARD BY THREE OR FIVE JUDGES %XCEPT FOR THE #ONSTITUTIONAL #OURT NO OTHER COURT CAN CHANGE A JUDGMENT OF THE 3UPREME #OURT OF !PPEAL /NLY THE 3UPREME #OURT OF !PPEAL CAN CHANGE ONE OF ITS OWN DECISIONS "UT IF PARLIAMENT DOES NOT LIKE THE WAY THE 3UPREME #OURT OF !PPEAL INTERPRETED A LAW THEN PARLIAMENT CAN CHANGE THAT LAW IF THE MAJORITY VOTE FOR THIS
4(% #/5243 ). 3/54( !&2)#! !.$ !00%!, !.$ 2%6)%7 02/#%$52%3
#/.34)454)/.!, #/524 !00%!, /. #/.3454)/.!, )335%3 /.,9 3502%-% #/524 /& !00%!,
,!"/52 !00%!, #/524
,!"/52 #/524 ,!.$ #,!)-3 #/524
!00%!, ()'( #/5243
7!4%2 42)"5.!, 4!8 #/524 %15!,)49 #/5243
2%')/.!, #/5243 CRIMINAL CASES &!-),9 #/5243 $)342)#4 #/5243 CRIMINAL CIVIL CASES
!00%!, OR 2%6)%7 -!')342!4%3 #/5243
-!).4%.!.#% #/5243 *56%.),% #/5243 #(),$2%.3 #/5243 %15!,)49 #/5243 ONLY IF DESIGNATED BY THE -INISTER OF *USTICE
2%6)%7
#/--5.)49 #/5243 AND #/5243 /& #()%&3 (%!$-%.
3-!,, #,!)-3 #/5243
4(% ()'( #/5243 4HE (IGH #OURTS CAN HEAR ANY TYPE OF CRIMINAL OR CIVIL CASE 4HE (IGH #OURTS USUALLY HEAR ALL THE CASES THAT ARE TOO SERIOUS FOR A -AGISTRATEgS #OURT )T ALSO HEARS APPEALS AND REVIEWS AGAINST JUDGMENTS IN THE -AGISTRATEgS #OURT !LL CASES IN THE (IGH #OURTS ONLY ONE JUDGE HEARS THE CASE 3OMETIMES IN VERY SERIOUS CRIMINAL CASES THE JUDGE APPOINTS TWO ASSESSORS TO HELP ADVISE THE JUDGE !SSESSORS ARE USUALLY ADVOCATES OR RETIRED MAGISTRATES
7(%2% !2% 4(% ()'( #/5243 "OPHUTHATSWANA (IGH #OURT 6ENDA (IGH #OURT 4RANSVAAL (IGH #OURT &REE 3TATE (IGH #OURT +WA:ULU .ATAL (IGH #OURT %ASTERN #APE (IGH #OURT 4RANSKEI (IGH #OURT #ISKEI (IGH #OURT .ORTHERN #APE (IGH #OURT 7ESTERN #APE (IGH #OURT
-MABATHO 4OYANDOU 0RETORIA "LOEMFONTEIN 0IETERMARITZBURG 'RAHAMSTOWN 5MTATA "ISHO +IMBERLEY #APE 4OWN
,/#!, $)6)3)/.3 $URBAN AND #OAST 7ITWATERSRAND 3OUTH %ASTERN #APE #ISKEI (IGH #OURT .ORTHERN #APE (IGH #OURT 7ESTERN #APE (IGH #OURT
$URBAN *OHANNESBURG 0ORT %LIZABETH "ISHO +IMBERLEY #APE 4OWN
!00%!,3 !.$ 2%6)%73 &2/- ! ()'( #/524 4O APPEAL AGAINST A COURTgS DECISION MEANS TO ASK A HIGHER COURT TO CONSIDER THE EVIDENCE AGAIN AND SEE WHETHER THE LOWER COURT WAS WRONG IN ITS DECISION )F YOUR CASE WAS DECIDED BY ONLY ONE JUDGE YOU CAN ALSO APPEAL TO HAVE THE MATTER CONSIDERED AGAIN IN THE SAME COURT BY THREE JUDGES CALLED A FULL BENCH )F YOU WANT TO APPEAL AGAINST A DECISION OF A (IGH #OURT TO THE 3UPREME #OURT OF !PPEAL YOU MUST FIRST GET PERMISSION TO APPEAL FROM THAT (IGH #OURT 4HIS PERMISSION IS CALLED gLEAVE TO APPEALg %8!-0,%
'%44).' ,%!6% 4/ !00%!,
)F YOUR CASE WAS HEARD IN THE +WA:ULU .ATAL (IGH #OURT THEN YOU MUST APPLY TO THE SAME (IGH #OURT FOR LEAVE TO APPEAL TO THE 3UPREME #OURT OF !PPEAL )F THIS PERMISSION IS REFUSED YOU CAN ASK THE 3UPREME #OURT OF !PPEAL ITSELF FOR PERMISSION TO APPEAL
)F YOU THINK THAT THE PROCEEDINGS IN THE (IGH #OURT WERE UNFAIR OR NOT ACCORDING TO THE LAW YOU CAN ASK FOR A REVIEW 2EVIEWS HAPPEN AUTOMATICALLY IN CERTAIN CIRCUMSTANCES )N OTHER CASES YOU HAVE TO ASK FOR A REVIEW
-!')342!4%g3 #/5243 4HESE ARE THE LOWER COURTS THAT DEAL WITH THE LESS SERIOUS CRIMINAL AND CIVIL CASES 4HE 2EGIONAL -AGISTRATES COURTS ONLY DEAL WITH CRIMINAL CASES WHEREAS THE DISTRICT ORDINARY MAGISTRATES COURTS DEAL WITH CRIMINAL AND CIVIL CASES 4HE MAGISTRATE MAKES THE DECISIONS IN A -AGISTRATEgS #OURT SOMETIMES WITH THE SUPPORT OF LAY ASSESSORS -AGISTRATEgS #OURTS CAN BE DIVIDED INTO EITHER CRIMINAL COURTS OR CIVIL COURTS 3EE PAGE #HART 4HE COURTS IN 3OUTH !FRICA AND APPEAL OR REVIEW PROCEDURES
#2)-).!, #/5243 )N #RIMINAL #OURTS THE STATE PROSECUTES PEOPLE FOR BREAKING THE LAW #RIMINAL #OURTS CAN ALSO BE DIVIDED INTO TWO GROUPS
s 2EGIONAL -AGISTRATEgS #OURTS s /RDINARY -AGISTRATEgS #OURTS ALSO CALLED $ISTRICT #OURTS
2%')/.!, -!')342!4%g3 #/5243 2EGIONAL -AGISTRATEgS #OURTS DEAL WITH MORE SERIOUS CRIMES THAN THE ORDINARY -AGISTRATEgS #OURTS FOR EXAMPLE MURDER RAPE ARMED ROBBERY AND SERIOUS ASSAULT )N TERMS OF THE #RIMINAL ,AW 3ENTENCING !MENDMENT !CT .O OF A 2EGIONAL -AGISTRATES #OURT CAN SENTENCE A PERSON WHO HAS BEEN FOUND GUILTY OF OFFENCES THAT INCLUDE MURDER OR RAPE TO IMPRISONMENT FOR LIFE 4HE #OURT CAN ALSO SENTENCE PEOPLE WHO HAVE BEEN FOUND GUILTY OF CERTAIN OFFENCES SUCH AS ARMED ROBBERY OR STEALING A MOTOR VEHICLE TO PRISON FOR A PERIOD UP TO YEARS ! 2EGIONAL -AGISTRATES #OURT CAN IMPOSE A MAXIMUM FINE OF 2 4HE 2EGIONAL #OURTS DO NOT DEAL WITH CIVIL CASES
$)342)#4 /2$).!29 -!')342!4%g3 #/5243 4HESE COURTS TRY THE LESS SERIOUS CRIMES 4HEY CANNOT TRY CASES OF MURDER TREASON RAPE TERRORISM OR SABOTAGE 4HEY CAN SENTENCE A PERSON TO A MAXIMUM PRISON SENTENCE OF YEARS PER OFFENCE OR A MAXIMUM FINE OF 2
*56%.),% #/5243 ! JUVENILE IS A CHILD UNDER THE AGE OF YEARS #HILDREN ACCUSED OF CRIMES ARE NORMALLY TRIED IN THE ORDINARY CRIMINAL -AGISTRATEgS #OURTS BUT IN THE LARGER CITIES SPECIAL -AGISTRATEgS #OURTS ARE SET ASIDE AS *UVENILE #OURTS #OURT CASES INVOLVING JUVENILES ARE NOT OPEN TO THE PUBLIC AND IF POSSIBLE THE PARENTS SHOULD BE PRESENT 3OMETIMES DURING THE TRIAL OF A JUVENILE THE COURT MIGHT SEND THE CHILD TO THE #HILDRENgS #OURT 3EE PAGE #HILDRENS #OURTS 4HIS WILL HAPPEN IF THE COURT THINKS THAT THE CHILDgS PARENTS OR GUARDIAN MAY BE UNFIT OR UNABLE TO LOOK AFTER THE CHILD OR IF THERE ARE NO PARENTS OR GUARDIAN )F THE #HILDRENgS #OURT DECIDES THAT THE PARENTS ARE FIT AND ABLE TO LOOK AFTER THE CHILD THEN THE CASE IS REFERRED BACK TO THE CRIMINAL COURT AND THE TRIAL WILL CONTINUE )F THE #HILDRENgS #OURT FINDS THAT THERE ARE NO PARENTS OR GUARDIAN OR THAT THE PARENTS OR GUARDIAN ARE NOT FIT OR ABLE TO LOOK AFTER THE CHILD PROPERLY THEN THE COURT MAY ORDER THAT THE CHILD BE REMOVED TO A gPLACE OF SAFETYg )F THE CHILD IS TRANSFERRED FROM THE CRIMINAL JUVENILE COURT TO THE #HILDRENS #OURT THE CRIMINAL TRIAL MUST WAIT UNTIL THE #HILDRENS #OURT COMES TO A DECISION 3EE PAGE 2EMOVING CHILDREN FROM ABUSE OR NEGLECT
#)6), #/5243 4HE ORDINARY -AGISTRATEgS #OURTS CAN HEAR CIVIL CASES WHEN THE CLAIMS ARE FOR LESS THAN 2 ALTHOUGH CERTAIN !CTS OF 0ARLIAMENT MIGHT PRESCRIBE A HIGHER MAXIMUM IN CERTAIN INSTANCES 4HESE CIVIL COURTS CANNOT DEAL WITH CERTAIN MATTERS SUCH AS s DIVORCE s ARGUMENTS ABOUT A PERSONgS WILL s MATTERS WHERE IT IS ASKED IF A PERSON IS INSANE
-!).4%.!.#% #/5243 4HE -AINTENANCE #OURT IS SITUATED IN THE -AGISTRATEgS #OURT -OTHERS WHO DO NOT GET SUPPORT FOR THEIR CHILDREN FROM FATHERS CAN GO THERE TO CLAIM MAINTENANCE FROM THE FATHERS 4HERE IS A -AINTENANCE /FFICER IN CHARGE WHO HELPS WITH CLAIMS )T IS NOT NECESSARY TO HAVE A ATTORNEY TO CLAIM MAINTENANCE 4HE -AINTENANCE /FFICER HELPS PEOPLE FILL IN THE NECESSARY FORMS )F THE FATHER OF THE CHILD REFUSES TO PAY MAINTENANCE THEN THE CASE MUST GO TO THE -AINTENANCE #OURT )F SO THE -AINTENANCE /FFICER WILL GIVE DETAILS ON WHEN TO APPEAR IN COURT AND WHICH COURT TO GO TO 3EE PAGE 0ROBLEM 'ETTING MAINTENANCE THROUGH THE -AINTENANCE #OURT
&!-),9 #/5243 4HE &AMILY #OURT COMBINES ISSUES OF MAINTENANCE CHILDREN CUSTODY AND GUARDIANSHIP AND DIVORCE 4HESE COURTS ARE BEING PILOT TESTED IN DIFFERENT PARTS OF THE COUNTRY )F THERE IS NO &AMILY #OURT IN YOUR AREA YOU WILL STILL HAVE TO USE THE (IGH #OURT 3EE PAGE &AMILY COURTS AND PAGE 0ROBLEM 'ETTING A DIVORCE
#(),$2%.3 #/5243 %VERY DISTRICT ORDINARY MAGISTRATES COURT ALSO ACTS AS A #HILDRENS #OURT AND HAS JURISDICTION ON ANY MATTER ARISING FROM THE APPLICATION OF THE #HILDRENS !CT .O OF 4HE #HILDRENS #OURT CAN DECIDE ON CASES THAT INVOLVE s THE PROTECTION AND WELL BEING OF A CHILD s THE CARE OF OR CONTACT WITH A CHILD s PATERNITY OF A CHILD s SUPPORT OF A CHILD s THE PROVISION OF EARLY CHILDHOOD DEVELOPMENT SERVICES OR PREVENTION OR EARLY INTERVENTION SERVICES s MALTREATMENT ABUSE NEGLECT DEGRADATION OR EXPLOITATION OF A CHILD s THE TEMPORARY SAFE CARE OF A CHILD s ALTERNATIVE CARE OF A CHILD s THE ADOPTION OF A CHILD INCLUDING AN INTER COUNTRY ADOPTION s A CHILD AND YOUTH CARE CENTRE A PARTIAL CARE FACILITY OR A SHELTER OR DROP IN CENTRE s ANY OTHER MATTER RELATING TO THE CARE PROTECTION OR WELL BEING OF A CHILD PROVIDED FOR IN THE #HILDRENS !CT 3EE PAGE 3UMMARY OF THE #HILDRENS !CT
%15!,)49 #/5243 %QUALITY COURTS HAVE BEEN ESTABLISHED IN TERMS OF THE 0ROMOTION OF %QUALITY AND 0REVENTION OF 5NFAIR $ISCRIMINATION !CT ALSO CALLED THE %QUALITY !CT TO HEAR CASES ABOUT UNFAIR DISCRIMINATION HATE SPEAK OR HARASSMENT BUT NOT DISCRIMINATION IN THE WORKPLACE WHICH IS DEALT WITH BY THE ,ABOUR #OURTS 4HE %QUALITY #OURTS WILL BE BASED IN MAGISTRATES COURTS AND IN THE (IGH #OURTS 4HE $EPARTMENT OF *USTICE WEBSITE WWWDOJGOVZA HAS THE MAIN CONTACT DETAILS FOR ALL THE 0ROVINCES 4HEY WILL HAVE POWERS TO CONCILIATE AND MEDIATE GRANT INTERDICTS ORDER PAYMENT OF DAMAGES OR ORDER A PERSON TO MAKE AN APOLOGY !NY PERSON OR AN ASSOCIATION ACTING ON ITS OWN BEHALF OF ON BEHALF OF OTHERS CAN BRING A CASE TO THE %QUALITY #OURT &OR EXAMPLE A NON GOVERNMENTAL ORGANISATION .'/ CAN BRING A CASE ON BEHALF OF THE PUBLIC 9OU ARE ENTITLED TO BRING A CASE TO THE %QUALITY #OURT IF YOU FEEL THE BAD TREATMENT YOU OR SOMEONE ELSE RECEIVED WAS DUE TO SOMEONE DISCRIMINATING AGAINST YOU ON ONE OF THE FOLLOWING GROUNDS s RACE s GENDER s SEX s PREGNANCY s MARITAL STATUS WHICH INCLUDES LIFE PARTNERSHIPS AS WELL AS SINGLE PERSONS s ETHNIC OR SOCIAL ORIGIN s COLOUR s SEXUAL ORIENTATION s AGE
s DISABILITY s RELIGION CONSCIENCE BELIEF s CULTURE s LANGUAGE OR s BIRTH
#/--5.)49 #/5243 !.$ #/5243 &/2 #()%&3 !.$ (%!$-%. 4HESE COURTS HAVE JURISDICTION TO HEAR CERTAIN MATTERS ON THE LEVEL OF MAGISTRATES COURTS 4HEY ARE DESIGNED TO DEAL WITH CUSTOMARY ISSUES IN TERMS OF CUSTOMARY LAW !N AUTHORISED !FRICAN HEADMAN OR HIS DEPUTY MAY DECIDE CASES USING INDIGENOUS LAW AND CUSTOM FOR EXAMPLE DISPUTES OVER OWNERSHIP OF CATTLE OR LOBOLO BROUGHT BEFORE HIM BY AN !FRICAN AGAINST ANOTHER !FRICAN WITHIN HIS AREA OF JURISDICTION 4HESE COURTS ARE COMMONLY KNOWN AS #HIEFS #OURTS ! PERSON WITH A CLAIM HAS THE RIGHT TO CHOOSE WHETHER TO BRING A CLAIM IN THE CHIEFS COURT OR IN A MAGISTRATES COURT !NYONE WHO IS NOT SATISFIED WITH THE DECISION IN A CHIEFgS OR HEADMANgS COURT CAN TAKE THEIR MATTER TO THE ORDINARY COURTS
!00%!,3 !.$ 2%6)%73 &2/- ! -!')342!4%g3 #/524 )F YOU ARE INVOLVED IN A CRIMINAL OR CIVIL CASE IN A -AGISTRATEgS #OURT YOU CAN ASK THE (IGH #OURT TO LOOK AT THE DECISION OF THE -AGISTRATEgS #OURT AND DECIDE WHETHER IT WAS CORRECT 4HIS IS CALLED AN APPEAL )F YOU WANT TO APPEAL AGAINST A DECISION OF A -AGISTRATEgS #OURT YOU MUST FIRST GET PERMISSION TO APPEAL FROM THAT -AGISTRATEgS #OURT 4HIS PERMISSION IS CALLED gLEAVE TO APPEALg )F THIS PERMISSION IS REFUSED YOU CAN ASK THE (IGH #OURT ITSELF FOR PERMISSION TO APPEAL )F YOU THINK THAT THE PROCEEDINGS IN THE -AGISTRATEgS #OURT WERE UNFAIR OR NOT ACCORDING TO THE LAW YOU CAN ASK THE (IGH #OURT TO REVIEW THE CASE 2EVIEWS HAPPEN AUTOMATICALLY IN CERTAIN CIRCUMSTANCES )N OTHER CASES YOU HAVE TO ASK FOR A REVIEW 3EE PAGE 4RIALS APPEALS AND REVIEWS
3-!,, #,!)-3 #/5243 3##3 3##S ARE SITUATED IN THE MAGISTRATES COURTS )F THERE IS NO 3## IN YOUR AREA YOU MUST BRING YOUR CASE IN THE -AGISTRATES #OURT 4HE 3## IS EASIER AND CHEAPER FOR PEOPLE TO USE TO SETTLE DISPUTES 4HE COURT CHARGES A SMALL FEE TO COVER THE COST OF THE SUMMONS AND THE FEE OF THE 3HERIFF OF THE #OURT ! #OMMISSIONER PRESIDES OVER THE PROCEEDINGS AND DECIDES WHO IS RIGHT AND WHO IS WRONG 9OU CANNOT USE A ATTORNEY IN THE 3## BUT YOU CAN GET ADVICE FROM A PARALEGAL OR A ATTORNEY TO PREPARE FOR YOUR CASE IN THE 3## 9OU CAN ONLY USE THE 3## FOR CLAIMS UP TO A VALUE OF 2 )F YOU CLAIM IS FOR MORE THAN 2 YOU CAN GIVE UP PART OF THE CLAIM SO THAT IT IS 2 OR LESS 3EE PAGE 3MALL #LAIMS #OURT
4(% ,!"/52 #/524 4HE ,ABOUR #OURT IS A SPECIAL COURT FOR HEARING LABOUR CASES THAT FALL UNDER THE ,ABOUR 2ELATIONS !CT 3O THIS COURT IS USED ONLY FOR MATTERS BETWEEN EMPLOYERS AND WORKERS OR WORKERSg UNIONS 4HE ,ABOUR #OURT INTERPRETS ALL THE LABOUR LAWS )T SAYS WHICH THINGS ARE UNFAIR LABOUR PRACTICES n FOR EXAMPLE DISMISSING A WORKER WITHOUT GIVING NOTICE )T CAN ORDER AN EMPLOYER OR WORKER OR UNION TO STOP COMMITTING AN UNFAIR LABOUR PRACTICE )T CAN GIVE JOBS BACK TO WORKERS WHO HAVE LOST THEIR JOBS UNFAIRLY AND SO ON 4HE ,ABOUR !PPEAL #OURT HEARS APPEALS AGAINST DECISIONS IN THE ,ABOUR #OURT AND THIS IS THE HIGHEST COURT FOR LABOUR APPEALS 3EE PAGE !DJUDICATION BY THE ,ABOUR #OURT
4(% ,!.$ #,!)-3 #/524 4HE ,AND #LAIMS #OURT SPECIALIZES IN DEALING WITH DISPUTES THAT ARISE OUT OF LAWS THAT UNDERPIN 3OUTH !FRICAS LAND REFORM INITIATIVE 4HESE ARE THE 2ESTITUTION OF ,AND 2IGHTS !CT THE ,AND 2EFORM ,ABOUR 4ENANTS !CT AND THE %XTENSION OF 3ECURITY OF 4ENURE !CT 4HE ,## HAS THE SAME STATUS AS THE (IGH #OURTS !NY APPEAL AGAINST A DECISION OF THE ,## LIES WITH THE 3UPREME #OURT OF !PPEAL AND IF APPROPRIATE TO THE #ONSTITUTIONAL #OURT 4HE ,## CAN HOLD HEARINGS IN ANY PART OF THE COUNTRY IF IT THINKS THIS WILL MAKE IT MORE ACCESSIBLE AND IT CAN CONDUCT ITS PROCEEDINGS IN AN INFORMAL WAY IF THIS IS APPROPRIATE
7(/ 7/2+3 ). 4(% ,%'!, 3934%- *UDGES n 4HEY ARE APPOINTED BY THE 0RESIDENT *UDGES HEAR AND DECIDE CASES IN THE #ONSTITUTIONAL #OURT 3UPREME #OURT OF !PPEAL AND (IGH #OURTS !SSESSORS n )N SERIOUS CRIMINAL CASES IN THE (IGH #OURTS TWO ASSESSORS ARE APPOINTED TO HELP THE JUDGE !SSESSORS ARE USUALLY ADVOCATES OR RETIRED MAGISTRATES 4HEY SIT WITH THE JUDGES DURING THE COURT CASE AND GIVE THEIR ADVICE AND OPINIONS -ASTER OF THE (IGH #OURT n 4HE -ASTERgS "RANCH OF THE (IGH #OURT IS THERE TO SERVE THE PUBLIC IN RESPECT OF s $ECEASED %STATES s ,IQUIDATIONS )NSOLVENT %STATES s 2EGISTRATION OF 4RUSTS s 4UTORS AND #URATORS s !DMINISTRATION OF THE 'UARDIANgS &UND MINORS AND MENTALLY CHALLENGED PERSONS -AGISTRATES n 4HEY ARE APPOINTED BY THE -INISTER OF *USTICE 4HEY HEAR AND DECIDE CASES IN THE -AGISTRATEgS #OURTS ,AY ASSESSORS n ,AY ASSESSORS ARE RECRUITED THROUGH COMMUNITY ORGANISATIONS AND ARE GIVEN BASIC TRAINING ON THE LAW AND LEGAL PROCEDURES 4HEY HELP THE MAGISTRATE REACH A FAIR DECISION BY PROVIDING BACKGROUND INFORMATION TO THE ISSUES IN A CASE AND GIVING THE BROADER COMMUNITY PERSPECTIVE $IRECTOR OF PUBLIC PROSECUTIONS !TTORNEY 'ENERAL n !T EACH (IGH #OURT THERE IS A $IRECTOR OF 0UBLIC 0ROSECUTIONS $00 WITH A STAFF OF ASSISTANTS 4HE $00S ARE RESPONSIBLE FOR ALL THE CRIMINAL CASES IN THEIR PROVINCE SO ALL THE PROSECUTORS ARE UNDER THEIR CONTROL 4HE POLICE BRING THE INFORMATION ABOUT A CRIMINAL CASE TO THE $00 4HE $00 THEN DECIDES WHETHER THERE IS GOOD ENOUGH REASON TO HAVE A TRIAL AND TO PROVE IN COURT THAT THE PERSON IS GUILTY .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS n 4HE .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS .$00 IS IN CHARGE OF THE .ATIONAL 0ROSECUTING !UTHORITY .0! WHICH IS RESPONSIBLE FOR MANAGING THE PERFORMANCE OF $IRECTORS OF 0UBLIC 0ROSECUTIONS $00S AND ,OWER #OURTS THROUGHOUT THE COUNTRY 3EE PAGE .ATIONAL 0ROSECUTING !UTHORITY %ACH (IGH #OURT HAS A $IRECTOR OF 0UBLIC 0ROSECUTIONS $00 WITH A STAFF OF ASSISTANTS 4HE $00S ARE RESPONSIBLE FOR ALL THE CRIMINAL CASES IN THEIR PROVINCE SO ALL THE PROSECUTORS FALL UNDER THEIR CONTROL 4HE POLICE BRING THE INFORMATION ABOUT A CRIMINAL CASE TO THE $00 4HE $00 THEN DECIDES WHETHER THERE IS ENOUGH EVIDENCE FOR A TRIAL AND TO PROVE IN COURT THAT THE PERSON IS GUILTY 0ROSECUTORS n 4HEY REPRESENT THE STATE AND THE COMPLAINANT IN A CRIMINAL TRIAL AGAINST PEOPLE WHO ARE ACCUSED OF COMMITTING A CRIME "EFORE THE TRIAL THE PROSECUTOR WORKS WITH THE 3OUTH !FRICAN 0OLICE 3ERVICES TO FIND OUT ALL THE FACTS ABOUT THE CASE AND TO PREPARE STATE WITNESSES WHO SAW WHAT HAPPENED OR WHO HAVE OTHER INFORMATION !TTORNEYS AND !DVOCATES n 7HEN YOU NEED LEGAL HELP YOU CAN HIRE THE SERVICES OF AN ATTORNEY OR ADVOCATE 3EE PAGE 5SING AN ATTORNEY
0UBLIC DEFENDERS n )F A PERSON WHO IS ACCUSED IN A SERIOUS CRIMINAL CASE CANNOT AFFORD TO PAY FOR THEIR OWN ATTORNEY THEIR CASE WILL BE TAKEN UP BY A PUBLIC DEFENDER 0UBLIC DEFENDERS ARE ATTORNEYS WHO ARE PAID FOR BY THE ,EGAL !ID "OARD 0ARALEGALS OR ADVICE GIVERS n 0ARALEGALS ARE PEOPLE WHO HAVE HAD NON DEGREE TRAINING OR INFORMAL TRAINING SO THEY CANNOT ACT IN FORMAL LEGAL PROCEEDINGS 4HEY GIVE ADVICE TO PEOPLE AND ORGANISATIONS ON DIFFERENT ASPECTS OF THE LAW INCLUDING ADVICE ON THEIR RIGHTS AND WAYS OF PROTECTING THEIR RIGHTS
4RIALS APPEALS AND REVIEWS 7(!4 )3 ! 42)!, ! TRIAL IS A COURT HEARING IN A -AGISTRATEgS #OURT OR A (IGH #OURT CALLED THE TRIAL COURT 4HE MAGISTRATE OR JUDGE LISTENS TO ALL THE PEOPLE WHO HAVE INFORMATION ABOUT THE CASE 4HIS INFORMATION IS CALLED THE VERBAL OR ORAL EVIDENCE 4HE COURT ALSO LOOKS AT THE PHYSICAL EVIDENCE FOR EXAMPLE A KNIFE OR A LETTER 4HESE ARE CALLED EXHIBITS IN THE TRIAL 4HE MAGISTRATE OR JUDGE LISTENS TO THE EVIDENCE FROM BOTH SIDES )F IT IS A CRIMINAL TRIAL THE MAGISTRATE OR JUDGE LISTENS TO THE STATE AND ITS WITNESSES AS WELL AS THE CASE OF THE ACCUSED AND THE WITNESSES CALLED BY THE ACCUSED 4HE MAGISTRATE OR JUDGE THEN MAKES A DECISION CALLED A JUDGMENT 3EE PAGE 3TEPS IN A CRIMINAL COURT CASE
7(!4 )3 !. !00%!, )F YOU LOSE A TRIAL YOU CAN APPEAL 4HIS MEANS YOU ASK A HIGHER COURT TO CHANGE THE DECISION OF THE TRIAL COURT 5SUALLY THE APPEAL COURT WILL NOT LISTEN TO ANY NEW EVIDENCE )T WILL ONLY READ THE REPORT FROM THE LOWER COURT TO SEE WHAT EVIDENCE WAS GIVEN ! CASE IN THE -AGISTRATEgS #OURT CAN GO ON APPEAL TO THE NEAREST (IGH #OURT AND THEN TO THE 3UPREME #OURT OF !PPEAL ! CASE HEARD IN A (IGH #OURT CAN GO DIRECTLY ON APPEAL TO THE 3UPREME #OURT OF !PPEAL 4HE 3UPREME #OURT OF !PPEAL ONLY LISTENS TO APPEALS n IT DOES NOT LISTEN TO ANY NEW TRIALS )N A CIVIL CASE THE PERSON WHO LOSES THE CASE MUST USUALLY PAY THE COSTS OF THE PERSON THAT WINS 3O IF YOU LOSE THE APPEAL YOU USUALLY HAVE TO PAY THE LEGAL COSTS OF THE OTHER PARTY FOR BOTH THE TRIAL AND THE APPEAL )N A CRIMINAL APPEAL YOU PAY YOUR OWN LEGAL COSTS WHETHER YOU WIN OR LOSE )T IS VERY EXPENSIVE TO TAKE A CASE ON APPEAL 3EE PAGE #HART 4HE COURTS IN 3OUTH !FRICA AND APPEAL AND REVIEW PROCEDURES PAGE !PPEALS AND REVIEWS FROM A (IGH #OURT PAGE !PPEALS AND REVIEWS FROM A -AGISTRATES #OURT PAGE 4AKING A JUDGEMENT ON REVIEW IN A 3MALL #LAIMS #OURT PAGE !DJUDICATION APPEALS IN A ,ABOUR #OURT
7(!4 )3 ! 2%6)%7 ! HIGHER COURT CAN ALSO BE USED FOR A REVIEW )F YOU THINK PROCEEDINGS IN A -AGISTRATEgS #OURT OR (IGH #OURT WERE UNFAIR FOR EXAMPLE THE MAGISTRATE OR JUDGE WAS BIASED OR NOT DONE ACCORDING TO THE LAW YOU CAN TAKE THE CASE ON REVIEW TO A HIGHER COURT
!54/-!4)# 2%6)%7 !N AUTOMATIC REVIEW n WHERE YOU DONT ASK FOR THE REVIEW n TAKES PLACE IN THE FOLLOWING CIRCUMSTANCES s )N A CRIMINAL CASE A JUDGE WILL REVIEW YOUR CASE AUTOMATICALLY IF YOU DO NOT HAVE A ATTORNEY AND THE SENTENCE IS MORE THAN MONTHS IN PRISON OR THE FINE MORE THAN 2 4HAT MEANS THE JUDGE WILL DECIDE IF THE MAGISTRATE MADE THE RIGHT JUDGMENT ACCORDING TO THE LAW
s )F YOU DO NOT HAVE A ATTORNEY IN A CRIMINAL CASE AND YOUR SENTENCE IS MORE THAN MONTHS IN PRISON OR A FINE OF MORE THAN 2 !.$ YOU ARE SENTENCED BY A MAGISTRATE WHO HAS WORKED FOR LESS THAN SEVEN YEARS AS A MAGISTRATE THEN YOUR CASE WILL ALSO AUTOMATICALLY BE REVIEWED BY A JUDGE
!3+).' &/2 ! 2%6)%7 )F YOU THINK THINGS DID NOT HAPPEN IN THE RIGHT WAY IN THE COURT THEN YOU YOURSELF CAN ASK FOR A REVIEW 4HIS MEANS YOU CAN ASK FOR A REVIEW IF YOU THINK THAT THE COURT PROCEDURES WERE UNFAIR OR IRREGULAR &OR EXAMPLE s YOU MAY THINK THAT THE MAGISTRATE OR THE JUDGE DID NOT GIVE YOU A PROPER CHANCE TO EXPLAIN YOURSELF CLEARLY s YOU MAY THINK THAT THE JUDGE OR THE MAGISTRATE WAS AGAINST YOU EVEN BEFORE THE CASE WAS FINISHED )F YOU ASK FOR A REVIEW YOUR ATTORNEY MUST GIVE PAPERS TO THE COURTS TO SHOW WHY YOU FEEL THE JUDGMENT SHOULD BE REVIEWED
/54#/-% /& 4(% 2%6)%7 4HE HIGHER COURT MAY CHANGE THE JUDGMENT OR MAY CORRECT THE PROCEDURES OR MAY SAY THAT THERE MUST BE A NEW TRIAL
3ETTLING DISPUTES OUTSIDE OF COURT -ANY LEGAL PROBLEMS CAN BE SETTLED WITHOUT GOING TO COURT AND THIS IS USUALLY A FAR CHEAPER OPTION FOR SETTLING DISPUTES $IFFERENT WAYS OF TRYING TO SOLVE DISPUTES WITHOUT GOING TO ANY OF THE COURTS INCLUDE NEGOTIATION MEDIATION AND ARBITRATION 3EE PAGE 0ROBLEM 7HICH COURT SHOULD BE USED IN EACH EXAMPLE .EGOTIATION n .EGOTIATION MEANS THAT PEOPLE WHO HAVE A PROBLEM TALK TO EACH OTHER ABOUT THEIR PROBLEM AND TRY TO SOLVE IT BY COMING UP WITH A SOLUTION WHICH SUITS BOTH SIDES 3EE PAGE .EGOTIATION 3KILLS -EDIATION n -EDIATION HAPPENS WHEN PEOPLE WITH A PROBLEM AGREE TO HAVE A THIRD PERSON ACT AS A GO BETWEEN TO HELP THEM SETTLE THEIR PROBLEM &OR EXAMPLE TWO NEIGHBOURS WHO ARE ALWAYS FIGHTING ABOUT NEIGHBOUR ISSUES CAN USE A MEDIATOR TO ACT AS A GO BETWEEN AND HELP THEM REACH A COMPROMISE 4HE MEDIATOR DOES NOT ACT AS A JUDGE AND DOES NOT MAKE A DECISION WHICH THE PARTIES MUST FOLLOW 3EE PAGE -EDIATION PAGE #ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL !RBITRATION n !RBITRATION TAKES PLACE WHEN PEOPLE WHO HAVE A PROBLEM AGREE TO HAVE A THIRD PERSON CALLED AN ARBITRATOR LISTEN TO THEIR ARGUMENTS AND MAKE A DECISION WHICH BOTH PARTIES AGREE IN ADVANCE TO FOLLOW 3O THE ARBITRATOR ACTS LIKE A JUDGE !N ARBITRATION IS QUICKER AND LESS FORMAL THAN A COURT CASE 3EE PAGE !RBITRATION PAGE !RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL
4HE CRIMINAL COURTS AND CRIMINAL CASES #RIMINAL CASES MUST FOLLOW CERTAIN LAWS AND RULES 4HESE ARE REFERRED TO AS CRIMINAL LAWS AND PROCEDURES 4HEY DEFINE WHAT MUST HAPPEN BEFORE A CASE GETS TO COURT THE ROLE AND POWERS OF THE POLICE IN THIS PROCESS WHAT HAPPENS IN COURT AND WHAT HAPPENS AT THE END OF THE COURT CASE
0/,)#% 0/7%23 0/7%23 /& 4(% 0/,)#% 4/ 15%34)/. )F YOU ARE DRIVING A CAR MOTORCYCLE OR OTHER VEHICLE THE POLICE CAN ASK YOU TO STOP AT ANY TIME GIVE YOUR NAME AND ADDRESS AND SHOW YOUR DRIVERgS LICENCE )F YOU REFUSE TO DO ANY OF THESE THINGS YOU CAN BE CHARGED
4HE POLICE CAN ASK YOU TO PRODUCE YOUR )$ BOOK AT ANY TIME AND YOU MUST DO THIS 4HEY CAN QUESTION ANYONE WITHOUT ARRESTING THEM "UT WHETHER A PERSON HAS TO ANSWER THE POLICEgS QUESTIONS DEPENDS ON THE CIRCUMSTANCES 4HE POLICE MAY ASK YOU TO GIVE YOUR FULL NAME AND ADDRESS IF THEY s SUSPECT YOU OF COMMITTING A CRIME s SUSPECT YOU OF TRYING TO COMMIT A CRIME s THINK THAT YOU MIGHT BE ABLE TO GIVE THEM SOME INFORMATION ABOUT A CRIME "UT YOU CAN ASK THE POLICE OFFICER FOR HIS OR HER IDENTITY DOCUMENT )F THE POLICE OFFICER REFUSES YOU NEED NOT GIVE YOUR NAME AND ADDRESS )F THE POLICE OFFICER PRODUCES HIS OR HER )$ THEN YOU MUST GIVE YOUR NAME AND ADDRESS )T IS A CRIME NOT TO GIVE YOUR NAME AND ADDRESS AND YOU CAN BE FINED OR GIVEN A PRISON SENTENCE IF YOU REFUSE 3EE PAGE 0ROBLEM 2EFUSING TO GIVE YOUR NAME OR ADDRESS TO THE POLICE )F THE POLICE OFFICER ASKS YOU ANY OTHER QUESTIONS IT IS YOUR RIGHT NOT TO ANSWER THESE QUESTIONS )T IS ALSO YOUR RIGHT TO SAY THAT YOU WILL ONLY ANSWER OTHER QUESTIONS IF YOUR ATTORNEY IS PRESENT 4HE POLICE MIGHT ASK YOU TO GO TO A POLICE STATION TO MAKE A STATEMENT 9OU HAVE THE RIGHT TO REFUSE TO GO "UT THE POLICE MAY THEN DECIDE TO ARREST YOU 9OU MUST THEN GO TO THE POLICE STATION WITH THEM BUT YOU STILL HAVE THE RIGHT TO REFUSE TO MAKE A STATEMENT EVEN IF YOU ARE UNDER ARREST 3EE PAGE 0OWERS OF THE POLICE TO ARREST
0/7%23 /& 4(% 0/,)#% 4/ 3%!2#( !.$ 3%):% 9OU HAVE A RIGHT TO KEEP YOUR BODY AND PROPERTY PRIVATE "UT SOMETIMES THE POLICE NEED TO COLLECT EVIDENCE AGAINST CRIMINALS SO THEY ARE ALLOWED TO SEARCH YOU 4HEY CAN TAKE THINGS AWAY WHICH IS CALLED SEIZING 4HERE ARE TWO WAYS OF SEARCHING AND SEIZING PROPERTY 4HESE ARE
3%!2#( 7)4( ! 3%!2#( 7!22!.4 4HE POLICE GET LEGAL PERMISSION FOR A SEARCH )T IS USUALLY SIGNED BY A MAGISTRATE )T MUST DESCRIBE THE PERSON OR THE PLACE TO BE SEARCHED AND THE THINGS WHICH THE POLICE WILL SEIZE 4HE POLICE MUST CARRY OUT THE SEARCH BY DAY UNLESS THE WARRANT SAYS THEY CAN SEARCH AT NIGHT 4HE POLICE CAN ONLY SEARCH THE PEOPLE AND PROPERTY MENTIONED IN THE WARRANT AND THEY CAN ONLY SEIZE THE THINGS MENTIONED IN THE WARRANT )F THE POLICE ARE ABOUT TO SEARCH YOU OR SEIZE YOUR PROPERTY YOU CAN DEMAND TO SEE THE SEARCH WARRANT ! SPECIAL TYPE OF SEARCH WARRANT CAN BE ISSUED ALLOWING THE POLICE TO ENTER ANY PLACE OR PREMISES IF THEY THINK THAT A MEETING HELD ON THE PREMISES THREATENS STATE SECURITY OR IF THEY THINK THAT ANY OFFENCE WAS COMMITTED OR PLANNED ON THE PREMISES
3%!2#( 7)4(/54 ! 3%!2#( 7!22!.4 4HE POLICE DO NOT NEED A SEARCH WARRANT TO SEARCH IF s YOU AGREE TO LET THEM SEARCH YOU s THE POLICE HAVE REASONABLE GROUNDS FOR THINKING THAT A MAGISTRATE WOULD ISSUE A WARRANT BUT THAT THE DELAY IN GETTING THE WARRANT WOULD GIVE YOU TIME TO GET RID OF THE EVIDENCE s YOU ARE ARRESTED s THE SEARCH IS AT A ROADBLOCK BUT THEY MUST STILL HAVE REASONABLE GROUNDS FOR THINKING THAT A MAGISTRATE WOULD ISSUE A WARRANT s THE POLICE SUSPECT THAT YOU HAVE DRUGS OR DAGGA ILLEGAL LIQUOR GUNS OR AMMUNITION OR STOLEN CROPS OR ANIMALS WITH YOU
s THE POLICE REASONABLY SUSPECT YOU HAVE INFORMATION THAT CAN HELP AN INVESTIGATION 4HEN THEY CAN ENTER YOUR PROPERTY TO QUESTION YOU BUT THEY MUST ALWAYS FIRST ASK FOR YOUR CONSENT TO SEARCH OR ENTER YOUR PROPERTY 4HE POLICE CAN USE FORCE TO ENTER PREMISES IF YOU REFUSE TO ALLOW THEM IN AND THEY ASKED YOU IF THEY COULD ENTER ! POLICEMAN CAN ONLY SEARCH MEN ./4 WOMEN 7OMEN CAN ONLY BE SEARCHED BY POLICEWOMEN OR ANY OTHER WOMAN THAT THE POLICE ASK TO DO THE SEARCHING )F YOUR PREMISES ARE UNLAWFULLY SEARCHED OR IF YOU ARE ABUSED DURING A SEARCH YOU CAN SUE THE -INISTER OF 3AFETY AND 3ECURITY )F THE POLICE GET EVIDENCE AGAINST YOU BY GOING AGAINST ANY OF YOUR RIGHTS THE COURT MAY REFUSE TO HEAR THAT EVIDENCE 3EE PAGE 0ROBLEM 0OLICE MISCONDUCT
0/7%23 /& 4(% 0/,)#% 4/ !22%34 4HE LAW SAYS THAT THE POLICE CAN ONLY ARREST YOU IF s THEY WANT TO CHARGE YOU AND TAKE YOU TO COURT OR s IF YOU ARE A SUSPECT IN A POLICE INVESTIGATION !N ARREST FOR ANY OTHER REASON IS UNLAWFUL &OR EXAMPLE IF THE POLICE ARREST YOU JUST TO SCARE YOU THIS IS UNLAWFUL !N ARREST IS ALSO UNLAWFUL IF THE POLICE DO NOT OBEY THE RULES ABOUT ARREST )F THE POLICE ARREST YOU YOU CAN USUALLY PAY BAIL MONEY TO THE POLICE OR THE COURT AND GO HOME UNTIL THE DATE OF YOUR COURT CASE 3EE PAGE "AIL
!22%34 '%.%2!, 25,%3 3EE PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED $ETAINED AND ACCUSED PERSONS 4HERE ARE TWO WAYS IN WHICH THE POLICE CAN ARREST YOU s WITH A WARRANT OF ARREST s WITHOUT A WARRANT OF ARREST
!RREST WITH A WARRANT 4HE POLICE GET LEGAL PERMISSION USUALLY SIGNED BY A MAGISTRATE TO ARREST YOU ! POLICE OFFICER OF THE RANK OF LIEUTENANT OR HIGHER CAN ALSO SIGN AN ARREST WARRANT 4HE POLICE MUST SHOW YOU THE WARRANT IF YOU ASK TO SEE IT AND THEY MUST GIVE YOU A COPY OF THE WARRANT IF YOU ASK FOR A COPY
!RREST WITHOUT A WARRANT 3OMETIMES THE POLICE CAN ARREST YOU WITHOUT A WARRANT (ERE ARE SOME EXAMPLES OF WHEN THIS CAN HAPPEN s IF YOU ESCAPE OR TRY TO ESCAPE AFTER THE POLICE ARRESTED YOU EARLIER s IF THE POLICE CATCH YOU WHILE YOU ARE COMMITTING A CRIME s IF THE POLICE THINK YOU COMMITTED A SERIOUS CRIME LIKE MURDER RAPE SERIOUS ASSAULT HOUSEBREAKING s IF THE POLICE THINK YOU COMMITTED A DRUG OR LIQUOR OFFENCE s IF THE POLICE FIND YOU AT NIGHT DOING SOMETHING THAT MAKES THEM THINK THAT YOU ARE ABOUT TO COMMIT A CRIME OR HAVE ALREADY COMMITTED A CRIME s IF THE POLICE THINK YOU HAVE NOT PAID A FINE WHICH A COURT ORDERED YOU TO PAY s IF YOU TRY TO STOP THE POLICE FROM DOING THEIR DUTY s IF THE POLICE THINK YOU HAVE GUNS OR AMMUNITION WITHOUT A LICENCE s IF YOU ARE CARRYING ANY OTHER DANGEROUS WEAPON AND YOU CANgT GIVE A GOOD REASON TO THE POLICE
s IF THE COURT SAID YOU MUST GO TO PRISON FOR CERTAIN PERIODS FOR EXAMPLE EVERY WEEKEND AND YOU DO NOT GO s IF THE POLICE THINK YOU BROKE THE CONDITIONS OF A SUSPENDED SENTENCE
-!+).' ! ,!7&5, !22%34 4HERE ARE THREE THINGS THE POLICE MUST DO TO MAKE AN ARREST LAWFUL s 4HE POLICE MUST TELL YOU THAT YOU ARE UNDER ARREST n 3OMETIMES THE POLICE ASK YOU TO GO WITH THEM TO THE POLICE STATION WITHOUT SAYING THAT THEY ARE ARRESTING YOU )F YOU GO WITH THEM VOLUNTARILY THEN THEY DO NOT HAVE TO ARREST YOU )T IS YOUR RIGHT NOT TO GO WITH THEM UNLESS THEY ARREST YOU s 4HE POLICE MUST HAVE PHYSICAL CONTROL OVER YOU WHEN THEY ARREST YOU n 4HIS MEANS THE POLICE MUST MAKE SURE YOU CANgT GET AWAY )F YOU DO NOT TRY TO RUN AWAY THE POLICE DO NOT HAVE TO USE FORCE TO CONTROL YOU "UT IF YOU DO TRY TO RUN AWAY THE POLICE CAN USE REASONABLE FORCE TO KEEP CONTROL OF YOU IN OTHER WORDS ONLY AS MUCH FORCE AS IS NECESSARY s 4HE POLICE OFFICER MUST TELL YOU WHY YOU ARE UNDER ARREST n 4HIS MEANS THE POLICE MUST TELL YOU WHAT OFFENCE THEY THINK YOU HAVE COMMITTED
5.,!7&5, !22%34 (ERE ARE SOME EXAMPLES OF UNLAWFUL ARREST s IF THERE WAS NO GOOD REASON TO SUSPECT THAT YOU COMMITTED AN OFFENCE s IF THE PURPOSE OF THE ARREST WAS NOT TO CHARGE YOU BUT JUST TO SCARE YOU s IF THE POLICE OFFICER DID NOT TELL YOU THAT YOU WERE UNDER ARREST AND YOU WERE NOT CAUGHT WHILE COMMITTING AN OFFENCE 3EE PAGE 0ROBLEM 0OLICE MISCONDUCT
53).' &/2#% 4/ -!+% !. !22%34 /2 4/ 34/0 9/5 %3#!0).' &2/- !22%34 4HE LAW SAYS THAT WHEN THE POLICE MAKE A LAWFUL ARREST THEY CAN USE FORCE IF YOU TRY TO FIGHT OR RUN AWAY 4HE LAW SAYS THAT THE AMOUNT OF FORCE MUST BE JUST ENOUGH TO STOP YOU FIGHTING OR RUNNING AWAY 4HE #RIMINAL 0ROCEDURE !CT SECTION DEALS WITH THE RIGHT FOR POLICE OR SOMEONE ENTITLED TO MAKE AN ARREST TO @SHOOT TO KILL IN CERTAIN SITUATIONS 3ECTION OF THE !CT DEALS WITH THE USE OF FORCE TO CARRY OUT AN ARREST 3ECTION SAYS THAT @DEADLY FORCE MAY BE USED IN CERTAIN CIRCUMSTANCES TO CARRY OUT AN ARREST 4HE @SHOOT TO KILL CLAUSE WAS CHALLENGED IN THE #ONSTITUTIONAL #OURT BECAUSE IT WAS HELD TO GO AGAINST A PERSONS RIGHT TO LIFE ;3ECTION OF THE "ILL OF 2IGHTS= AS WELL AS THEIR RIGHT TO HUMAN DIGNITY ;3ECTION OF THE "ILL OF 2IGHTS= AND BODILY INTEGRITY ;3ECTION OF THE "ILL OF 2IGHTS= 4HESE RIGHTS HAD TO BE BALANCED WITH THE INTERESTS OF A JUST CRIMINAL SYSTEM 3EE PAGE 0ROBLEM 0OLICE SHOOT AND INJURE WHILE MAKING AN ARREST )N THE CASE OF 3 V 7ALTERS -AY 7ALTERS AND HIS SON HAD BEEN CHARGED WITH MURDER AFTER THEY SHOT A SUSPECT RUNNING AWAY FROM THEIR BAKERY ONE NIGHT 4HE STATE THE PROSECUTION SAID 7ALTERS HAD NO RIGHT TO KILL A SUSPECT IN THE PROCESS OF CARRYING OUT THE ARREST 4HE #OURT FOUND THAT SECTION MUST BE INTERPRETED TO EXCLUDE THE USE OF A FIREARM UNLESS s THE SUSPECT IS THREATENING TO HARM THE PERSON ARRESTING HIM OR HER OR SOMEONE ELSE OR s THE SUSPECT IS SUSPECTED OF HAVING COMMITTED A SERIOUS CRIME INVOLVING OR THREATENING HARM TO A PERSON 4HE #OURT FOUND THAT THE PROVISIONS IN SECTION ALLOWING THE USE OF @DEADLY FORCE FOR ARRESTS WERE TOO WIDE AND WERE THEREFORE UNCONSTITUTIONAL &OR EXAMPLE USING @DEADLY FORCE IN THE CASE OF A PERSON CAUGHT SHOPLIFTING WOULD NOT BE JUSTIFIABLE 4HE COURT SUMMARISED THE MAIN POINTS REGARDING THE USE OF FORCE TO MAKE ARRESTS UNDER THIS SECTION
s &ORCE CAN ONLY BE USED WHERE IT IS NECESSARY IN ORDER TO CARRY OUT THE ARREST s 7HERE FORCE IS NECESSARY THEN THE LEAST AMOUNT OF FORCE TO CARRY OUT THE ARREST MUST BE USED s 7HEN DECIDING WHAT DEGREE OF FORCE IS REASONABLE AND NECESSARY ALL THE CIRCUMSTANCES MUST BE TAKEN INTO ACCOUNT INCLUDING n THE THREAT OF VIOLENCE FROM THE SUSPECT TO THE ARRESTOR OR SOMEONE ELSE AND n THE NATURE AND CIRCUMSTANCES OF THE OFFENCE COMMITTED BY THE SUSPECT THE FORCE MUST BE PROPORTIONAL TO THE OFFENCE s 3HOOTING A SUSPECT FOR THE SOLE PURPOSE OF MAKING AN ARREST IS ONLY POSSIBLE IN LIMITED CIRCUMSTANCES FOR EXAMPLE WHEN n THERE IS A THREAT OF VIOLENCE FROM THE SUSPECT TO THE ARRESTOR PERSON ARRESTING THEM OR SOMEONE ELSE n THE SUSPECT IS SUSPECTED OF HAVING CAUSED SOMEONE SERIOUS HARM n THERE IS NO OTHER REASONABLE WAY OF CARRYING OUT THE ARREST AT THAT TIME OR LATER n THE ARRESTOR IS ACTING IN SELF DEFENCE OR IN DEFENCE OF ANY OTHER PERSON
5.,!7&5, 53% /& &/2#% (ERE ARE SOME EXAMPLES OF UNLAWFUL USE OF FORCE s IF THE ARREST ITSELF IS UNLAWFUL ANY FORCE THAT THE POLICE USE IS UNLAWFUL s IF YOU DID NOT TRY TO FIGHT OR RUN AWAY AND THE POLICE USED FORCE IN MAKING THE ARREST s IF THE POLICE USED MORE FORCE THAN NECESSARY
!22%34 "9 !. /2$).!29 0%23/. 4HIS IS ALSO CALLED A CITIZENgS ARREST !NY ORDINARY PERSON CAN ARREST YOU WITHOUT A WARRANT OF ARREST IN THESE CASES s IF YOU COMMITTED A SERIOUS OFFENCE OR THE PERSON SUSPECTS THAT YOU COMMITTED A SERIOUS OFFENCE s IF THE PERSON IS REASONABLY SURE THAT YOU COMMITTED AN OFFENCE AND YOU TRY TO RUN AWAY WHEN HE OR SHE TRIES TO ARREST YOU s IF YOU ARE FIGHTING AND SOMEONE MAY BE SERIOUSLY INJURED s IF THE PERSON THINKS YOU WENT INTO ANY FENCED LAND OR A KRAAL SHED OR STABLE INTENDING TO STEAL CROPS OR ANIMALS s IF THE PERSON FINDS YOU WITH SOME ANIMALS OR CROPS WHICH HE OR SHE SUSPECTS THAT YOU STOLE AND YOU CANgT EXPLAIN WHY YOU HAVE THEM s IF THE PERSON IS IN CHARGE OF PREMISES OR IS THE OWNER HE OR SHE CAN ARREST ANYONE WHO COMMITS AN OFFENCE ON THE PREMISES 9OU ARE ALSO AN gORDINARY PERSONg 9OU CAN ARREST OTHER PEOPLE IN THE ABOVE CASES TOO &OR EXAMPLE SOMEONE SNATCHES YOUR BAG IN THE STREET 9OU CHASE AFTER THEM AND CATCH THEM 9OU CAN LAWFULLY ARREST THE PERSON
2)'(43 /& !22%34%$ 0%/0,% )F YOU ARE ARRESTED UNDER THE ORDINARY LAWS YOU HAVE THESE RIGHTS s &ROM THE TIME OF ARREST EVEN BEFORE YOU HAVE BEEN CHARGED YOU HAVE A RIGHT TO SEE YOUR ATTORNEY s 4HE POLICE OFFICER MUST TAKE YOU TO A POLICE STATION AS SOON AS POSSIBLE UNLESS THE WARRANT OF ARREST SAYS THEY MUST TAKE YOU TO SOME OTHER PLACE s 9OU DO NOT HAVE TO ANSWER QUESTIONS BUT YOU MUST GIVE YOUR NAME AND ADDRESS )T IS BEST NOT TO SAY ANYTHING ELSE TO THE POLICE UNTIL YOU SPEAK TO YOUR ATTORNEY
s 7HILE YOU ARE LOCKED UP IN A CELL YOU HAVE THE RIGHTS TO n HAVE FAMILY VISITS n SEE A MINISTER OF RELIGION USUALLY THIS IS A MINISTER WORKING FOR THE GOVERNMENT n SEE A DOCTOR USUALLY THIS IS A GOVERNMENT DOCTOR THE DISTRICT SURGEON OR A PRISON DOCTOR n WEAR YOUR OWN CLOTHES n EXERCISE FOR AT LEAST ONE HOUR A DAY IN THE OPEN AIR n WRITE AND RECEIVE LETTERS n GET ENOUGH PROPERLY PREPARED FOOD AND DRINK s 4HE POLICE MUST TAKE YOU TO COURT WITHIN HOURS AFTER YOUR ARREST )F THE HOURS ENDS AFTER PM ON A WEEKDAY THEN THEY MUST TAKE YOU TO COURT ON THE NEXT DAY BEFORE PM )F THE HOURS ENDS ON A WEEKEND OR A PUBLIC HOLIDAY THEN THEY MUST TAKE YOU TO COURT ON THE FIRST COURT DAY BEFORE PM 4HIS IS USUALLY THE NEXT -ONDAY UNLESS THE -ONDAY IS A PUBLIC HOLIDAY )F THIS DOES NOT HAPPEN THEN IT IS UNLAWFUL FOR THE POLICE TO KEEP YOU IN PRISON 9OU CAN SUE THE POLICE 3EE PAGE 0ROBLEM 9OUR RIGHT TO APPEAR IN #OURT WITHIN HOURS OF ARREST )F THE POLICE GET EVIDENCE AGAINST YOU BY GOING AGAINST ANY OF YOUR RIGHTS THIS EVIDENCE WILL NOT BE ALLOWED IN COURT 3EE PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED $ETAINED AND !CCUSED PERSONS
7(!4 4/ $/ )& 9/5 !2% !22%34%$ s $O NOT STRUGGLE WITH OR SWEAR AT THE POLICE n EVEN IF THE POLICE MADE A MISTAKE s 'IVE THE POLICE YOUR NAME AND ADDRESS n OTHERWISE KEEP QUIET 9OU MUST ALSO SHOW YOUR IDENTITY BOOK IF THEY ASK FOR IT $O NOT DISCUSS YOUR CASE WITH ANYONE AND DO NOT SIGN ANY STATEMENTS ABOUT YOUR CASE s !S SOON AS POSSIBLE AFTER YOU ARRIVE AT THE POLICE STATION SAY THAT YOU WOULD LIKE TO SEE A ATTORNEY )F YOU DO NOT KNOW A ATTORNEY THEN ASK TO SEE YOUR FAMILY !SK THEM TO GET YOU A ATTORNEY )F YOU CANNOT AFFORD A ATTORNEY ASK YOUR FAMILY TO APPLY FOR ,EGAL !ID FOR YOU 3EE PAGE !PPLYING FOR ,EGAL !ID s )F YOU ARE RELEASED ON BAIL ASK FOR YOUR BAIL RECEIPT AND FIND OUT WHEN YOU ARE DUE IN COURT .EVER BE LATE FOR OR MISS A COURT HEARING )F YOU DO NOT ARRIVE IN TIME A WARRANT FOR YOUR ARREST MAY BE ISSUED 9OU MAY ALSO LOSE YOUR BAIL MONEY IF YOU DO NOT GO TO COURT ON THE DAY OF THE COURT HEARING s $O NOT TALK ABOUT YOUR CASE TO ANYONE EXCEPT YOUR ATTORNEY n IF YOU HAVE ONE !SK FOR YOUR ATTORNEY TO BE PRESENT IF YOU ARE QUESTIONED OR TOLD TO ATTEND AN IDENTITY PARADE !N IDENTITY PARADE IS WHEN YOU AND SOME OTHER PEOPLE ARE CALLED TO PARADE IN FRONT OF A WITNESS WHO IS ASKED TO IDENTIFY THE PERSON WHO COMMITTED THE CRIME AGAINST THEM
2%0/24).' ! #!3% /& 0/,)#% -)3#/.$5#4 4/ 4(% ).$%0%.$%.4 #/-0,!).43 $)2%#4/2!4% )#$ 4HE )#$ IS A GOVERNMENT DEPARTMENT THAT WAS ESTABLISHED IN TO INVESTIGATE COMPLAINTS OF BRUTALITY CRIMINALITY AND MISCONDUCT AGAINST MEMBERS OF THE 3OUTH !FRICAN 0OLICE 3ERVICE 3!03 AND THE -UNICIPAL 0OLICE 3ERVICE -03 )T OPERATES INDEPENDENTLY FROM THE 3!03 IN ITS INVESTIGATIONS 9OU CAN REPORT THE FOLLOWING TYPES OF CASES OF MISCONDUCT AGAINST THE 3!03 TO THE )#$ AND THEY WILL DO AN INVESTIGATION s #ONTACT THE )#$ AND GET HOLD OF A ATTORNEY WITHOUT DELAY 4HE )#$ WILL INVESTIGATE THE CASE s DEATHS OF PERSONS IN POLICE CUSTODY OR AS A RESULT OF POLICE ACTION SUCH AS SHOOTING ASSAULT
s DEATHS OF PERSONS IN POLICE CUSTODY OR AS A RESULT OF POLICE ACTION SUCH AS SHOOTING ASSAULT s THE INVOLVEMENT OF 3!03 MEMBERS IN CRIMINAL ACTIVITIES SUCH AS ASSAULT THEFT CORRUPTION ROBBERY RAPE AND ANY OTHER CRIMINAL OFFENCES s POLICE CONDUCT OR BEHAVIOUR WHICH IS PROHIBITED IN TERMS OF THE 3!03 3TANDING /RDERS OR 0OLICE 2EGULATIONS SUCH AS NEGLECT OF DUTIES OR FAILURE TO COMPLY WITH THE POLICE #ODE OF #ONDUCT s DISSATISFACTION COMPLAINTS ABOUT POOR SERVICE GIVEN BY THE POLICE s FAILURE TO ASSIST OR PROTECT VICTIMS OF DOMESTIC VIOLENCE AS REQUIRED BY THE $OMESTIC 6IOLENCE !CT $6! s MISCONDUCT OR OFFENCES COMMITTED BY MEMBERS OF THE -UNICIPAL 0OLICE 3ERVICES -03
7HO MAY LODGE A COMPLAINT s !NY PERSON EITHER AS A VICTIM WITNESS OR REPRESENTATIVE s .ON GOVERNMENTAL AND COMMUNITY BASED ORGANIZATIONS
(OW CAN YOU LODGE A COMPLAINT ! COMPLAINT MAY BE LODGED BY s GOING TO AN )#$ OFFICE 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF THE )#$ OFFICES s TELEPHONING AN )#$ OFFICE s SENDING A LETTER OR E MAIL TO ANY )#$ OFFICE 4HE COMPLAINANT MUST FILL IN A COMPLAINT REGISTRATION FORM &ORM WHICH CAN BE OBTAINED FROM ANY )#$ OFFICE &ORM IS ALSO AVAILABLE ON THE )#$gS WEBSITE AT HTTPWWWICDGOVZA
(OW WILL THE )#$ DEAL WITH YOUR COMPLAINT #ASES THAT INVOLVE DEATHS IN CUSTODY 0OLICE MISCONDUCT FAILURE TO INVESTIGATE FAILURE TO ASSIST BAD TREATMENT OR ACTION WILL BE DEALT WITH AS FOLLOWS s 2EPORT COMPLAINT TO )#$ s )NVESTIGATE AND DISCUSS CASE s !TTEND SCENE OF CRIME s /BTAIN STATEMENTS s ! REPORT WITH RECOMMENDATION TO $IRECTOR OF 0UBLIC 0ROSECUTIONS $00 AND COPY TO 3!03 REPORT TO CLIENTS s 0ROSECUTION OF THE PERSON s #OURT APPEARANCE 3!03 $EPARTMENTAL !CTION 2EPORT TO CLIENTS s #ONVICTIONACQUITTAL 3ANCTIONACQUITTAL 2EPORT TO CLIENTS
#2)-).!, #(!2'%3 7(!4 )3 ! #2)-).!, #(!2'% )N CRIMINAL CASES THE 34!4% BRINGS A CHARGE AGAINST SOMEONE WHO COMMITTED A CRIME SUCH AS MURDER ASSAULT RAPE THEFT DEALING WITH DRUGS OR TRESPASS ! CRIMINAL CASE CAN BE BROUGHT AGAINST ANYONE WHO HAS BROKEN THE LAW 4HIS INCLUDES A MEMBER OF THE POLICE 3!03 OR SOLDIERS IN THE DEFENCE FORCE 3!.$& )F YOU ARE UNLAWFULLY ASSAULTED BY A MEMBER OF THESE SECURITY SERVICES YOU CAN LAY A CRIMINAL CHARGE AGAINST THE PERSON )F YOU HAVE LAID A CHARGE AGAINST A MEMBER OF THE POLICE THEY ARE SOMETIMES RELUCTANT TO TAKE THE COMPLAINT OR INVESTIGATE
THE CASE ,IKEWISE WITH CASES WHICH THEY DONT THINK ARE VERY IMPORTANT THEY MAY REFUSE TO TAKE THE COMPLAINT OR THE POLICE INVESTIGATION IS STOPPED WITHOUT A PROPER EXPLANATION 4HE POLICE CANNOT REFUSE TO TAKE A STATEMENT FROM A PERSON WHO WISHES TO LAY A COMPLAINT 0RESSURE FROM ATTORNEYS OR THE COMMUNITY CAN HELP TO GET THE POLICE TO TAKE AN INVESTIGATION MORE SERIOUSLY 9OU CAN ALSO GET YOUR #OMMUNITY 0OLICE &ORUM TO TAKE UP THE ISSUE 3EE PAGE #OMMUNITY 0OLICE &ORUMS OR YOU CAN REFER THE COMPLAINT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE 3EE PAGE 2EPORTING A CASE OF POLICE MISCONDUCT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE )N A CASE WHERE YOU HAVE BEEN ASSAULTED OR RAPED YOU MUST BE ABLE TO IDENTIFY THE PERSON WHO ASSAULTED OR RAPED YOU )F YOU DO NOT KNOW THE NAME BUT YOU REMEMBER THE FACE YOU MUST BE PREPARED TO POINT THE PERSON OUT AT AN IDENTITY PARADE %VEN IF YOU CANNOT IDENTIFY THE PERSON BY APPEARANCE OR NAME YOU MUST STILL LAY A CHARGE BECAUSE THERE ARE OTHER WAYS TO POSITIVELY LINK A PERSON TO CRIMES OF RAPE AND ASSAULT SUCH AS $.! TESTING OR OTHER FORENSIC EVIDENCE AVAILABLE TO THE POLICE 2EMEMBER THAT IF YOU HAVE LAID A CHARGE AGAINST SOMEONE AND THE PERSON IS CHARGED YOU WILL HAVE TO GIVE EVIDENCE IN COURT 9OU MUST BE VERY SURE OF THE FACTS THAT YOU GIVE TO THE POLICE IN YOUR STATEMENT BECAUSE THE DEFENCE WILL CROSS EXAMINE YOU AND TRY TO CATCH YOU OUT /NLY THE COURTS CAN DECIDE IF YOU OR ANYONE ELSE HAS COMMITTED A CRIME OR NOT )F THE COURT FINDS YOU GUILTY OF COMMITTING A CRIME THEN YOU HAVE TO PAY A FINE OR GO TO JAIL OR GET A SUSPENDED JAIL SENTENCE
4(% .!4)/.!, 02/3%#54).' !54(/2)49 4HE .ATIONAL 0ROSECUTION !UTHORITY .0! IS RESPONSIBLE FOR INSTITUTING CRIMINAL PROCEEDINGS AGAINST A PERSON ON BEHALF OF THE 3TATE )T IS THE .0! THAT DECIDES WHETHER A CASE AGAINST A PERSON IS STRONG ENOUGH TO GO AHEAD IN A CRIMINAL COURT OR NOT 4HE /FFICE OF THE .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS INCLUDES THE .ATIONAL $IRECTOR WHO IS THE HEAD OF THE /FFICE AND MANAGES THE /FFICE $IRECTORS OF 0UBLIC 0ROSECUTIONS )NVESTIGATING $IRECTORS AND 3PECIAL $IRECTORS 4HERE ARE UNITS THAT FALL UNDER THE .0! s .ATIONAL 0ROSECUTION 3ERVICES .03 s $IRECTORATE OF 3PECIAL /PERATIONS $3/ OFTEN REFERRED TO AS THE 3CORPIONS s !SSET &ORFEITURE 5NIT !&5 s 3EXUAL /FFENCES AND #OMMUNITY !FFAIRS 3/#! s 3PECIALISED #OMMERCIAL #RIME 5NIT 3##5 s 7ITNESS 0ROTECTION 5NIT 705 s 0RIORITY #RIMES ,ITIGATION 5NIT 0#,5
7(!4 !2% 9/52 2)'(43 )& 9/5 !2% #2)-).!,,9 02/3%#54%$ s 9OU MUST BE TOLD WHAT THE CHARGE IS AGAINST YOU s 9OU HAVE THE RIGHT TO A QUICK AND PUBLIC TRIAL 9OU MUST BE CHARGED AND TAKEN TO COURT WITHIN HOURS AFTER YOUR ARREST s 9OU HAVE THE RIGHT TO A TRIAL BY AN UNBIASED COURT USUALLY IN THE AREA WHERE THE CRIME WAS COMMITTED s !T THE TRIAL YOU HAVE THE RIGHT TO QUESTION ANY WITNESSES AND THE EVIDENCE USED AGAINST YOU 3EE PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED $ETAINED AND !CCUSED PERSONS
s 9OU HAVE THE RIGHT TO ASK FOR A ATTORNEY )F YOU CANNOT AFFORD A ATTORNEY THE STATE MUST HELP YOU TO APPLY FOR ,EGAL !ID TO PAY FOR A ATTORNEY 9OU HAVE A RIGHT TO ,EGAL !ID IF YOU FACE A SERIOUS CHARGE 3EE PAGE !PPLYING FOR ,EGAL !ID -ANY PEOPLE ARE STILL SENTENCED TO GO TO PRISON WITHOUT BEING DEFENDED BY ATTORNEYS -AKE SURE YOU ASK THE COURT FOR A ATTORNEY OR ,EGAL !ID )F YOU ARE DENIED ANY OF THESE RIGHTS YOU MAY BE ABLE TO TAKE THE #OURTgS DECISION ON REVIEW 3EE PAGE 4RIALS APPEALS AND REVIEW
,!9).' ! #2)-).!, #(!2'% !'!).34 !./4(%2 0%23/. 34%03 ). ,!9).' ! #2)-).!, #(!2'% !'!).34 3/-%/.% %,3%
)F YOU HAVE BEEN INJURED IN ANY WAY IT IS IMPORTANT TO GO TO A DOCTOR OR THE STATE DISTRICT SURGEON FOR A MEDICAL CHECK UP AS SOON AS POSSIBLE
2EPORT YOUR COMPLAINT AT THE CHARGE OFFICE OF THE NEAREST POLICE STATION
-AKE A STATEMENT TO THE POLICE 9OU MUST BE VERY CAREFUL OF WHAT YOU SAY BECAUSE YOU HAVE TO SWEAR UNDER OATH THAT YOU ARE SPEAKING THE TRUTH $O NOT SIGN YOUR STATEMENT IF YOU ARE NOT HAPPY WITH THE WAY THE POLICE HAVE RECORDED IT !SK TO CHANGE IT BEFORE YOU SIGN )T IS NOT UP TO THE POLICE IN THE CHARGE OFFICE TO DECIDE WHETHER A COMPLAINT IS SERIOUS ENOUGH TO BE INVESTIGATED 4HEY -534 TAKE A STATEMENT FROM ANYONE WHO COMES INTO THE POLICE STATION TO MAKE A COMPLAINT
!SK FOR A COPY OF THE STATEMENT BEFORE YOU LEAVE THE CHARGE OFFICE 9OU HAVE THE RIGHT TO GET A COPY
'ET THE POLICE REFERENCE NUMBER 4HIS IS THE POLICE REGISTER NUMBER OF ALL COMPLAINTS MADE AT THE CHARGE OFFICE 4HIS IS YOUR PROOF THAT YOU REPORTED THE CRIME TO THE POLICE 4HE REFERENCE NUMBER IS ALSO CALLED AN /" NUMBER /CCURRENCE "OOK NUMBER OR 6" NOMMER 6OORVALLEBOEKNOMMER
'ET A MEDICAL REPORT )F YOU ARE INJURED AND YOU NEED MEDICAL TREATMENT THE POLICE WILL ASK YOU TO GET A MEDICAL REPORT FORM FILLED IN 4HIS FORM IS CALLED A * MEDICAL REPORT 9OU CAN GO TO YOUR OWN DOCTOR OR TO THE DISTRICT SURGEON TO GET THIS FORM FILLED IN 4HEN YOU MUST TAKE THE COMPLETED FORM BACK TO THE POLICE IN THE CHARGE OFFICE )F YOU CAN IT IS A GOOD IDEA TO MAKE A COPY OF THE FORM AND KEEP THIS
4HE POLICE WILL OPEN A CASE DOCKET AND INVESTIGATE A CRIMINAL CHARGE AGAINST THE PERSON OR PEOPLE WHO YOU HAVE LAID A CHARGE AGAINST 4HE CASE DOCKET IS GIVEN A NUMBER CALLED A #2 NUMBER #RIMINAL 2EGISTER NUMBER OR -2 NOMMER -ISDAADREGISTERNOMMER !SK THE INVESTIGATING OFFICER FOR THE CASE DOCKET NUMBER
#HECK ON PROGRESS BY REGULARLY CONTACTING THE INVESTIGATING OFFICER FOR YOUR CASE 7HENEVER YOU PHONE YOU SHOULD QUOTE THE #2-2 REFERENCE NUMBER )F THERE IS NO PROGRESS WITH A SERIOUS CASE AND YOU ARE NOT SATISFIED THAT THE POLICE ARE DOING EVERYTHING THEY ARE SUPPOSED TO YOU MIGHT WANT TO ASK A ATTORNEY TO PHONE ON YOUR BEHALF )F YOU BELIEVE THE POLICE ARE DELIBERATELY NOT INVESTIGATING A CASE FOR EXAMPLE OF POLICE CORRUPTION OR ASSAULT BY A POLICE OFFICER YOU CAN MAKE A COMPLAINT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE 3EE PAGE 2EPORTING A CASE OF POLICE MISCONDUCT TO 4HE )NDEPENDENT #OMPLAINTS $IRECTORATE AND PAGE 0ROBLEM 0OLICE MISCONDUCT
7(!4 (!00%.3 )& 3/-%/.% ,!93 ! #2)-).!, #(!2'% !'!).34 9/5 4(% ).6%34)'!4)/. )F SOMEONE MAKES A CHARGE AGAINST YOU OR IF THE POLICE SUSPECT THAT YOU COMMITTED A CRIME THEN THEY WILL INVESTIGATE 5SUALLY THIS MEANS THAT THEY ASK QUESTIONS VISIT PLACES SEARCH FOR THINGS AND SO ON
#(!2'% !.$ !22%34 7HEN THE POLICE HAVE ENOUGH REASONS TO THINK THAT YOU COMMITTED THE CRIME THEN THEY WILL CHARGE YOU 4HE CHARGE IS WHAT THEY SAY YOU HAVE DONE WRONG 4HE POLICE MAY ARREST YOU WHEN THEY CHARGE YOU 3OMETIMES THEY MAY EVEN ARREST YOU BEFORE THEY CHARGE YOU )F YOU ARE ARRESTED BUT NOT IMMEDIATELY CHARGED THE LAW SAYS YOU MUST BE BROUGHT BEFORE A -AGISTRATEgS #OURT WITHIN HOURS OF BEING ARRESTED 9OU CAN IMMEDIATELY ASK TO CONTACT A ATTORNEY )F YOU APPEAR BEFORE A -AGISTRATE YOU MAY ASK FOR ,EGAL !ID TO GET A ATTORNEY 3EE PAGE 2IGHTS OF ARRESTED PEOPLE AND PAGE !PPLYING FOR ,EGAL !ID
02)3/.%2g3 &2)%.$ )F YOU DO NOT HAVE A ATTORNEY THEN YOU CAN ASK FOR THE 0RISONERgS &RIEND AS SOON AS YOU GET TO THE COURT %VERY -AGISTRATEgS #OURT HAS A 0RISONERgS &RIEND 4HIS PERSON IS EMPLOYED BY THE STATE TO HELP PEOPLE WITH TELEPHONE CALLS ORGANISING BAIL MONEY ORGANISING WITNESSES AND SO ON !T SMALLER -AGISTRATEgS #OURTS A COURT OFFICIAL CALLED THE #LERK OF THE #OURT MAY ALSO BE THE 0RISONERgS &RIEND
34!4%-%.43 7HEN YOU ARE CHARGED WITH A CRIME THE POLICE USUALLY TRY TO TAKE A STATEMENT FROM YOU "UT YOU ONLY NEED TO GIVE YOUR NAME AND ADDRESS 9OU DO NOT HAVE TO GIVE ANY OTHER INFORMATION TO THE POLICE IF YOU DO NOT WANT TO )F YOU MAKE A STATEMENT TRY NOT TO SAY THINGS THAT YOU MAY REGRET LATER 9OUR STATEMENT CAN BE USED AGAINST YOU IN COURT 4HE POLICE MAY NOT PUT PRESSURE ON YOU TO MAKE A STATEMENT NEITHER MAY THEY ASSAULT OR TORTURE YOU TO GET A STATEMENT 3EE PAGE 2IGHTS OF ARRESTED PEOPLE
"!), !FTER YOUR ARREST YOU CAN BE RELEASED IN THE FOLLOWING WAYS BEFORE THE COURT CASE IS OVER s YOU CAN BE RELEASED INTO THE CARE OF YOUR PARENTS OR GUARDIAN IF YOU ARE UNDER YEARS OLD /2 s YOU CAN BE RELEASED WITH A WARNING TO APPEAR IN COURT ON A CERTAIN DATE /2 s YOU CAN BE RELEASED ON "!), "AIL IS MONEY PAID TO THE COURT OR TO THE POLICE )F YOU PAY THIS MONEY YOU CAN GO HOME UNTIL THE DATE OF YOUR COURT CASE 7HEN YOUR COURT CASE IS OVER YOU GET THE BAIL MONEY BACK EVEN IF YOU ARE FOUND GUILTY "UT YOU WILL NOT GET YOUR BAIL MONEY BACK s IF YOU DO NOT COME TO COURT ON THE DAY OF YOUR COURT CASE s IF YOU INTERFERE WITH ANY WITNESSES s IF YOU BREAK ANY OF THE CONDITIONS OF BAIL )F YOU ARE RELEASED ON BAIL THEN YOU WILL GET A WRITTEN NOTICE 4HIS NOTICE WILL TELL YOU WHERE THE COURT IS )T WILL SHOW THE DAY AND THE TIME THAT YOU MUST BE IN THAT COURT !ND IT WILL ALSO SHOW ANY CONDITIONS FOR EXAMPLE THAT YOU MUST REPORT EVERY WEEK TO THE POLICE STATION 4HERE ARE THREE KINDS OF BAIL POLICE BAIL BAIL BY CERTAIN PROSECUTORS AND COURT BAIL
0/,)#% "!), 9OU CAN ASK THE POLICE FOR BAIL AS SOON AS YOU HAVE BEEN ARRESTED AND TAKEN TO THE POLICE STATION )F THEY AGREE THEY WILL DECIDE HOW MUCH BAIL YOU MUST PAY AND YOU MUST PAY THIS IN CASH 4HE POLICE CANNOT GRANT BAIL IF YOU WERE ARRESTED FOR A SERIOUS CRIME FOR EXAMPLE RAPE MURDER ROBBERY ETC
"!), "9 #%24!). 02/3%#54/23 &OR SOME OF THE SERIOUS CRIMES A PROSECUTOR CAN AGREE TO BAIL 9OU MUST ASK THE POLICE TO TELEPHONE THE DUTY PROSECUTOR TO CHECK WHETHER YOU CAN GET BAIL
#/524 "!), 7HEN YOU ARE BROUGHT TO COURT THE COURT CASE USUALLY DOES NOT FINISH ON THE SAME DAY 9OU HAVE A RIGHT TO ASK THE COURT TO BE RELEASED ON BAIL UNTIL THE CASE FINISHES 9OU CAN ASK FOR BAIL AT ANY TIME ON OR AFTER THE FIRST DAY IN COURT 7HEN YOU ASK FOR BAIL YOU MUST CONVINCE THE JUDGE OR MAGISTRATE THAT s YOU WILL NOT RUN AWAY s YOU ARE NOT A DANGER TO OTHER PEOPLE s YOU WILL NOT COMMIT FURTHER CRIMES s YOU WILL NOT INTIMIDATE ANY WITNESS IN THE CASE )F YOU ASK FOR BAIL YOU OR YOUR ATTORNEY MUST GIVE THE COURT DETAILS OF WHERE YOU LIVE YOUR EMPLOYMENT SITUATION AND SO ON 7HEN YOU PAY THE BAIL YOU MUST GET A RECEIPT /NLY THE PERSON WITH A RECEIPT FOR THE BAIL WILL GET THE MONEY BACK AFTER THE TRIAL
4(% #2)-).!, 02/#%$52%3 3%#/.$ !-%.$-%.4 !#4 "!), ,!7 4HE #RIMINAL 0ROCEDURES 3ECOND !MENDMENT !CT ALSO KNOWN AS THE "AIL ,AW INCLUDES A NUMBER OF STRICT MEASURES REGARDING BAIL FOR PEOPLE ACCUSED OF SERIOUS OFFENCES 4HE !CT LISTS VERY SERIOUS OFFENCES SCHEDULE OFFENCES WHICH INCLUDE MURDER RAPE ARMED ROBBERY AND VEHICLE HIJACKING AND MAKES IT VERY DIFFICULT FOR PEOPLE WHO ARE ACCUSED OF THESE OFFENCES TO GET BAIL 4HE ACCUSED WILL HAVE TO PROVE THAT EXCEPTIONAL CIRCUMSTANCES EXIST BEFORE BAIL IS GRANTED &OR 3CHEDULE OFFENCES LIKE ROBBERY WITH AGGRAVATING CIRCUMSTANCES DRUG DEALING ARMS DEALING CORRUPTION FRAUD THEFT OR FORGERY OF LARGE AMOUNTS OF MONEY THE ONUS WILL BE ON THE ACCUSED TO PROVE THAT HESHE SHOULD GET BAIL )F AN ACCUSED IS CHARGED WITH A 3CHEDULE OFFENCE AND HAS BEEN PREVIOUSLY CONVICTED OF A SCHEDULE OR OFFENCE BAIL WILL NOT NORMALLY BE GRANTED !CCORDING TO THIS LAW BAIL APPLICATIONS FOR 3CHEDULE OR CRIMES WILL NOW ONLY BE HEARD IN REGIONAL COURTS 4HESE CASES CAN ALSO NOT BE HEARD OUTSIDE OF COURT HOURS IN OTHER WORDS THERE IS NO NIGHT COURT "AIL CAN ALSO BE REFUSED WHEN AN OFFENCE HAS CAUSED COMMUNITY OUTRAGE ALTHOUGH THIS CAN ONLY HAPPEN IN EXCEPTIONAL CIRCUMSTANCES &INALLY A PERSON ACCUSED OF A SCHEDULE OR CRIME MUST DISCLOSE ALL PREVIOUS CONVICTIONS AND OUTSTANDING CHARGES AGAINST THEM AT THE BAIL APPLICATION AND THEY WILL NOT HAVE THE RIGHT TO HAVE ACCESS TO THE POLICE DOCKET DURING THE BAIL HEARING 4HIS WILL HELP TO STOP THE INTIMIDATION AND VICTIMISATION OF WITNESSES IN COURT CASES
34%03 ). ! #2)-).!, #/524 #!3% 4HE FIRST DAY "EFORE THE CRIMINAL TRIAL BEGINS YOU MUST APPEAR IN COURT AND THE PROSECUTOR TELLS YOU WHAT THE CHARGES ARE )F YOU NEED A ATTORNEY YOU SHOULD ASK FOR A POSTPONEMENT TO ENABLE YOU TO GET A ATTORNEY AND PREPARE YOUR CASE 4HE COURT SHOULD ALWAYS ASK YOU WHETHER YOU WANT A ATTORNEY 9OU OR THE PROSECUTOR CAN ASK FOR A POSTPONEMENT IF THERE ARE GOOD REASONS FOR EXAMPLE s TO HAVE TIME TO FIND A ATTORNEY s TO PREPARE THE CASE s TO CONTACT WITNESSES
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3O ON THE FIRST DAY IN COURT YOU CAN ASK FOR BAIL IF YOU ARE UNDER ARREST AND YOU CAN ASK FOR A POSTPONEMENT OF THE CASE 9OU SHOULD ALSO TELL THE MAGISTRATE IF YOU WERE ASSAULTED BY THE POLICE OR IF THE POLICE PUT ANY PRESSURE ON YOU TO MAKE A STATEMENT
4HE PLEA "EFORE THE TRIAL BEGINS THE -AGISTRATE ASKS YOU TO 0,%!$ 4HIS MEANS THAT HE OR SHE ASKS YOU TO SAY WHETHER YOU ARE gGUILTYg OR gNOT GUILTYg $O NOT PLEAD gGUILTYg UNLESS YOU ARE SURE THAT s YOU DID WHAT THE PROSECUTOR SAYS YOU HAVE DONE !.$ s YOU DID NOT HAVE A GOOD REASON TO DO WHAT YOU HAVE DONE 9OU WILL PLEAD gNOT GUILTYg IF s YOU DID NOT COMMIT THE CRIME /2 s YOU DID WHAT PEOPLE SAID YOU HAVE DONE "54 YOU HAD A GOOD REASON FOR DOING IT 4HIS REASON WILL THEN BE USED IN YOUR DEFENCE )F YOU CAN PROVE A DEFENCE THE COURT MAY DECIDE THAT YOU ARE NOT GUILTY OF THE CRIME YOU ARE CHARGED WITH OR THAT YOU ARE GUILTY BUT THAT YOUR REASONS SHOW YOU SHOULD GET LESS PUNISHMENT 4HESE REASONS ARE THEN CALLED gMITIGATING FACTORSg )F YOU PLEAD gGUILTYg THE MAGISTRATE WILL ASK YOU SOME QUESTIONS TO BE SURE THAT YOU UNDERSTAND THE CHARGE )F YOUR ANSWERS MAKE THE MAGISTRATE THINK THAT YOU HAVE A DEFENCE THEN THE MAGISTRATE MUST CHANGE YOUR PLEA TO gNOT GUILTYg )F THE MAGISTRATE ACCEPTS YOUR PLEA OF GUILTY THEN SHE OR HE WILL DECIDE THAT YOU ARE gGUILTY AS CHARGEDg 4HERE IS NO NEED FOR THE TRIAL TO CONTINUE 9OUR NEXT STEP WILL BE gPLEA IN MITIGATIONg 3EE PAGE %VIDENCE IN MITIGATION
)F YOU PLEAD gNOT GUILTYg THE MAGISTRATE MUST ASK YOU MORE QUESTIONS 4HIS IS TO FIND OUT WHAT YOUR DEFENCE IS
4HE TRIAL 4HE TRIAL WILL GO AHEAD IF YOU PLEAD gNOT GUILTYg OR THE MAGISTRATE CHANGES YOUR PLEA TO gNOT GUILTYg
4HE STATE PRESENTS ITS CASE 4HE STATE PROSECUTOR PRESENTS THE STATES CASE TO TRY TO SHOW THAT YOU ARE GUILTY 4HE PROSECUTOR CALLS WITNESSES FOR THE STATE TO GIVE EVIDENCE AGAINST YOU 9OU OR YOUR ATTORNEY AND THE MAGISTRATE CAN ALSO QUESTION EACH STATE WITNESS 4HIS IS CALLED CROSS EXAMINATION 4HE PROSECUTOR CAN THEN QUESTION THE WITNESSES AGAIN 4HIS IS CALLED RE EXAMINATION !FTER THE PROSECUTOR HAS CALLED ALL THE STATE WITNESSES HE OR SHE CLOSES THE CASE .OW IT IS YOUR TURN THE ACCUSED TO PRESENT YOUR CASE
$ISCHARGE )F THERE IS NOT ENOUGH EVIDENCE TO SHOW THAT YOU COMMITTED THE CRIME YOU ARE ACCUSED OF THEN YOU CAN ASK FOR A DISCHARGE 4HIS MEANS YOU ASK THE COURT TO SET YOU FREE )F THE MAGISTRATE AGREES THEN A DISCHARGE WILL BE GIVEN )F THE DISCHARGE IS NOT GIVEN THE CASE WILL GO ON
4HE CASE IN YOUR DEFENCE 4HE MAGISTRATE OR JUDGE WILL ASK YOU OR YOUR ATTORNEY IF YOU WANT TO GIVE EVIDENCE AND IF YOU WANT TO CALL WITNESSES 3OMETIMES IT IS NOT NECESSARY FOR YOU TO GIVE EVIDENCE YOURSELF BUT IF YOU DECIDE NOT TO THE JUDGE OR MAGISTRATE MIGHT THINK THAT YOU ARE TRYING TO HIDE SOMETHING !LL EVIDENCE IS GIVEN UNDER OATH !FTER YOU HAVE GIVEN EVIDENCE IF YOU CHOOSE TO YOU OR YOUR ATTORNEY CAN NOW CALL YOUR OWN WITNESSES 9OUR WITNESSES ARE PEOPLE WHO CAN GIVE THE COURT INFORMATION TO SHOW THAT YOU ARE NOT GUILTY 4HE PROSECUTOR AND MAGISTRATE CAN THEN CROSS EXAMINE EACH WITNESS 9OU OR YOUR ATTORNEY CAN THEN RE EXAMINE EACH WITNESS !FTER YOU OR YOUR ATTORNEY HAVE CALLED ALL THE DEFENCE WITNESSES YOU gCLOSE THE CASEg FOR THE DEFENCE
!RGUMENT 4HE PROSECUTOR THEN SUMS UP THE STATEgS CASE AND GIVES REASONS WHY YOU SHOULD BE FOUND GUILTY 9OU OR YOUR ATTORNEY GO OVER THE MAIN POINTS OF YOUR DEFENCE AND SUMMARISE WHY THE COURT MUST FIND YOU NOT GUILTY
*UDGMENT !FTER LISTENING TO BOTH ARGUMENTS THE MAGISTRATE OR JUDGE WILL SAY IF THE COURT FINDS YOU GUILTY OR NOT GUILTY 4HE COURT MAY POSTPONE THE CASE TO GIVE THE JUDGE OR MAGISTRATE TIME TO THINK ABOUT THE JUDGMENT )-0/24!.4 9OU CAN ONLY BE FOUND GUILTY OF A CRIME IF THE STATE PROVES THAT YOU ARE GUILTY g"%9/.$ ! 2%!3/.!",% $/5"4g 4HIS MEANS THAT THERE MUST BE ./ $/5"4 IN THE COURTgS MIND THAT YOU ARE GUILTY
)F THE COURT FINDS YOU gNOT GUILTYg THEN YOU ARE ACQUITTED 4HIS MEANS YOU ARE FREE TO GO )F YOU PAID ANY BAIL MONEY YOU CAN NOW ASK TO GET IT BACK
%VIDENCE IN MITIGATION )F THE COURT FINDS YOU gGUILTYg THEN YOU GET A CHANCE TO ASK THE COURT FOR YOUR FOR A LIGHTER SENTENCE 4HIS IS CALLED gEVIDENCE IN MITIGATIONg
4HESE ARE THINGS THAT CAN HELP YOU TO GET A LIGHTER SENTENCE s IF YOU ARE VERY SORRY s IF YOU DID SOMETHING TO CORRECT THE WRONG FOR EXAMPLE IF YOU GAVE BACK SOMETHING YOU STOLE s IF YOU ARE YOUNGER THAN s IF IT IS YOUR FIRST OFFENCE s IF MANY PEOPLE DEPEND ON YOU FOR SUPPORT s IF YOU HAVE OTHER RESPONSIBILITIES FOR EXAMPLE A JOB s IF IT CAN HAVE A BAD EFFECT ON YOU TO BE IN PRISON OR TO HAVE A VERY HEAVY PUNISHMENT FOR EXAMPLE IF YOU HAVE HEALTH PROBLEMS #!3% 345$9
4(% #!3% /& 3%2'%!.4 -!.$)3) -0%.'%3)
4HE CRIMINAL COURT CASE OF 3ERGEANT -ANDISI -PENGESI WAS HEARD IN THE #APE (IGH #OURT 3ERGEANT -PENGESI WAS CHARGED WITH THE MURDER OF HIS SIX YEAR OLD DAUGHTERgS ALLEGED RAPIST (E PLEADED IN MITIGATION THAT HE HAD ALWAYS BEEN VERY COMMITTED TO HIS POLICE WORK WHICH INVOLVED HELPING PEOPLE WHOSE CHILDREN HAD BEEN MOLESTED AND RAPED (E SAID HE KILLED THE MAN BECAUSE OF WHAT THIS MAN HAD DONE TO HIS DAUGHTER AND THAT HE HAD ONLY ACTED IN A WAY ANY PARENT WHO LOVED HIS CHILD WOULD HAVE DONE 3ERGEANT -PENGESI WAS SENTENCED TO YEARS IMPRISONMENT 4HERE WAS AN OUTCRY FROM THE PUBLIC WHO THOUGHT THAT THERE WERE STRONG MITIGATING FACTORS WHICH SHOULD HAVE HELPED HIM GET A LIGHTER SENTENCE
3ENTENCE IS GIVEN 4HE MAGISTRATE OR JUDGE WILL NOW SAY WHAT YOUR PUNISHMENT OR SENTENCE WILL BE )T CAN BE s A PRISON TERM s A FINE s A COMMUNITY SERVICE ORDER s ANY OF THESE TOGETHER s A CAUTION AND DISCHARGE s FOR CHILDREN UNDER THE SENTENCE CAN BE ADMITTANCE TO A REFORMATORY OR THE PASSING OF SENTENCE CAN BE POSTPONED UNTIL THE PERSON TURNS s CORRECTIONAL SUPERVISION THIS MEANS SERVING YOUR SENTENCE OUTSIDE PRISON UNDER THE SUPERVISION OF A gCORRECTIONAL OFFICIALg -INIMUM SENTENCES n 4HE #RIMINAL ,AW !MENDMENT !CT LAYS DOWN HARSH AND MINIMUM SENTENCES FOR PEOPLE WHO WOULD PREVIOUSLY HAVE RECEIVED THE DEATH SENTENCE 4HE COURT HAS TO GIVE YOU AT LEAST THE SENTENCE LAID OUT IN THE !CT FOR THE SPECIFIED OFFENCES -AXIMUM SENTENCES n )F A LAW SAYS THAT THE MAXIMUM PUNISHMENT FOR A PARTICULAR CRIME IS MONTHS OR 2 THE COURT DOES NOT HAVE TO SENTENCE YOU TO THESE MAXIMUM AMOUNTS 4HE SENTENCE CAN BE ANYTHING UP TO THESE MAXIMUM AMOUNTS !LTERNATIVE SENTENCES n )F YOU ARE FOUND GUILTY THE COURT MIGHT SENTENCE YOU TO A FINE /2 IMPRISONMENT 3O SENTENCES CAN BE GIVEN gIN THE ALTERNATIVEg &OR EXAMPLE UNDER THE TRESPASS LAWS THE SENTENCE CAN BE UP TO 2 OR YEARS IN PRISON OR BOTH 3USPENDED SENTENCES n 4HE COURT MAY SENTENCE YOU TO A PERIOD IN PRISON BUT SUSPEND ALL OR PART OF THE SENTENCE 4HIS MEANS THAT THE COURT SAYS YOU WILL NOT BE PUNISHED ON CONDITION THAT YOU DO NOT COMMIT A SIMILAR CRIME OVER A CERTAIN PERIOD OF TIME 4HE COURT GIVES YOU A CHANCE TO SHOW THAT YOU WILL NOT DO THE SAME THING
AGAIN &OR EXAMPLE THE COURT MAY SENTENCE YOU TO YEAR IN PRISON BUT SUSPEND THIS SENTENCE FOR YEARS 4HIS MEANS THAT YOU DO NOT HAVE TO GO TO PRISON NOW BUT IF YOU ARE FOUND GUILTY OF COMMITTING THE SAME OR A SIMILAR CRIME IN THE NEXT YEARS THEN YOU WILL HAVE TO GO TO PRISON TO SERVE YOUR SENTENCE OF YEAR 9OU WILL ALSO GET AN ADDITIONAL SENTENCE FOR THE NEW CRIME YOU COMMITTED 9OU ARE FOUND GUILTY OF ORDINARY ASSAULT AND SENTENCED TO YEARS IN PRISON 4WO OF THESE YEARS ARE SUSPENDED FOR YEARS 3O YOU SERVE YEAR IN PRISON !FTER THAT YOU ARE RELEASED 9OUR SENTENCE IS SUSPENDED FOR THE NEXT YEARS )F YOU ARE CHARGED AND FOUND GUILTY OF ASSAULT IN THE NEXT YEARS THEN YOU WILL HAVE TO GO TO PRISON TO SERVE OUT THE REST OF THE FIRST SENTENCE WHICH IS ANOTHER YEARS 4HIS WILL BE IN ADDITION TO THE NEW SENTENCE YOU MIGHT GET FOR THE SECOND ASSAULT
%8!-0,%
2EVIEW OR APPEAL 9OU CAN ASK FOR PERMISSION TO APPEAL AGAINST THE DECISION OF THE JUDGE OR MAGISTRATE IF YOU DONgT AGREE WITH THE JUDGMENT 9OU CAN ALSO ASK FOR A REVIEW IF YOU THINK THERE WERE ANY IRREGULARITIES DURING THE TRIAL 3EE PAGE 4RIAL APPEALS AND REVIEWS
0!2/,% )F YOU HAVE SERVED MORE THAN HALF YOUR SENTENCE AND HAVE BEHAVED WELL IN PRISON YOU MAY BE RELEASED ON PAROLE 0AROLE MEANS YOU CAN BE RELEASED FROM PRISON BEFORE YOU HAVE COMPLETED YOUR SENTENCE ON CONDITION THAT YOU DO NOT MISBEHAVE WHEN YOU ARE OUT OF PRISON 9OUR SENTENCE STILL RUNS BUT YOU DO NOT HAVE TO STAY INSIDE PRISON AS LONG AS YOUR BEHAVIOUR IS GOOD )F YOUR BEHAVIOUR OUTSIDE PRISON IS NOT GOOD YOU GO BACK TO PRISON FOR THE REST OF YOUR SENTENCE 4HE 0AROLE AND #ORRECTIONAL 3UPERVISION !MENDMENT !CT EXTENDS THE POWERS OF THE COURTS TO MAKE SURE THAT A PRISONER SERVES A COMPULSORY PERIOD OF HISHER SENTENCE BEFORE THEY CAN BE CONSIDERED FOR PAROLE 0AROLE "OARDS HAVE THE AUTHORITY TO CONTROL THE RELEASE OF PRISONERS ON PAROLE
(!6).' ! #2)-).!, 2%#/2$ )F THE COURT FINDS YOU GUILTY YOU WILL HAVE A CRIMINAL RECORD FOR THE REST OF YOUR LIFE )F YOU ARE EVER CHARGED AGAIN FOR ANYTHING ELSE THE STATE WILL CHECK YOUR CRIMINAL RECORD 3OMETIMES IF YOU ARE LOOKING FOR A JOB PEOPLE WILL ALSO CHECK IF YOU HAVE A CRIMINAL RECORD )F YOU ARE NOT GUILTY OF THE CRIME THAT YOU HAVE BEEN CHARGED WITH YOU MUST ENTER A PLEA OF @NOT GUILTY AND NOT BE INTIMIDATED INTO AGREEING THAT YOU WILL PLEAD GUILTY IN EXCHANGE FOR A VERY LIGHT SENTENCE
$%!,).' 7)4( /2'!.)3%$ #2)-% 4(% 02%6%.4)/. /& /2'!.)3%$ #2)-% !#4 4HE 0REVENTION OF /RGANISED #RIME !CT .O OF CONTAINS FAR REACHING MEASURES TO DEAL WITH THE PROBLEM OF ORGANISED CRIME IN 3OUTH !FRICA 4HIS IS A SUMMARY OF THE MAIN SECTIONS OF THE !CT
)T IS A CRIME TO MANAGE ANY ORGANISATION WHOSE MEMBERS ARE COMMITTING SERIOUS CRIMES 4HIS SECTION IS AIMED AT PEOPLE LIKE GANG BOSSES WHO ARE IN A POSITION OF AUTHORITY OVER THOSE WHO ARE COMMITTING THE CRIMES 4HIS CAN LEAD TO A SENTENCE OF UP TO YEARS )T IS NOT NECESSARY TO PROVE THAT THEY WERE DIRECTLY INVOLVED IN COMMITTING A SPECIFIC CRIME
!NY PERSON WHO RECEIVES OR OWNS PROPERTY FROM ILLEGAL ACTIVITIES WILL BE GUILTY OF AN OFFENCE 4HE STATE ONLY HAS TO PROVE THAT THEY gOUGHT REASONABLY TO HAVE KNOWNg THAT THE PROPERTY COMES FROM AN ILLEGAL ACTIVITY
4HE STATE CAN SEIZE ANY ASSET MATERIAL THING THAT BELONGS TO YOU THAT HAS BEEN USED TO COMMIT A CRIME OR THAT HAS BEEN OBTAINED THROUGH CRIME 4HIS SECTION ALLOWS THE STATE TO SEIZE CRIMINAL ASSETS WITHOUT FIRST HAVING TO FIND THE OWNER GUILTY BEYOND A REASONABLE DOUBT THE NORMAL TEST IN A CRIMINAL CASE &OR EXAMPLE WHERE THE STATE BELIEVES THAT DRUGS ARE BEING SOLD FROM A PARTICULAR HOUSE THE STATE ONLY HAS TO PROVE THAT THERE IS A CHANCE THAT THE HOUSE IS USED TO SELL DRUGS .O ONE HAS TO BE CONVICTED FOUND GUILTY OF DRUG DEALING BEFORE CONFISCATING THE HOUSE )T IS NOT NECESSARY TO PROVE THAT THE OWNER OF THE HOUSE WAS INVOLVED IN THE CRIME OR EVEN KNEW ABOUT THE DRUG DEALINGS 4HE STATE CAN CONFISCATE ASSETS THAT s HAVE BEEN USED TO COMMIT A CRIME FOR EXAMPLE A CAR USED TO TRANSPORT STOLEN GOODS A HOUSE FROM WHICH DRUGS ARE SOLD OR A BANK ACCOUNT USED TO HIDE DIRTY MONEY s HAVE BEEN GAINED FROM THE UNLAWFUL ACTIVITY 4HE !SSET &ORFEITURE 5NIT IS RESPONSIBLE FOR CARRYING OUT THE WORK INVOLVING SEIZURE OF ASSETS UNDER THE !CT 4HE !SSET &ORFEITURE 5NIT WORKS FROM THE OFFICE OF THE .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS
4HE !CT MAKES IT A CRIME TO RECRUIT MEMBERS TO A GANG OR PARTICIPATE IN CRIMINAL GANG ACTIVITY 4HE !CT SETS PENALTIES FOR PEOPLE LIKE GANG BOSSES WITH SENTENCES OF UP TO YEARS IN PRISON OR FINES OF 2 MILLION RAND IN ADDITION TO LOSING PROPERTY THAT THEY HAVE GAINED THROUGH GANG RELATED ACTIVITIES !NY PERSON WHO PROMOTES OR HELPS IN CRIMINAL GANG ACTIVITY WILL BE LIABLE FOR A SENTENCE OF UP TO YEARS AND ANY PERSON RECRUITING ADVISING OR HELPING SOMEONE TO JOIN A GANG CAN GO TO PRISON FOR YEARS
4(% #(),$ *534)#% 3934%4HE #HILD *USTICE "ILL IS PART OF A PROCESS OF REFORMING THE YOUTH JUSTICE SYSTEM IN 3OUTH !FRICA TO DEAL IN A MORE COMPLETE WAY WITH CHILDREN ACCUSED OF COMMITTING OFFENCES 4HE "ILL COVERS THE PROCEDURES THAT PEOPLE IN AUTHORITY MUST FOLLOW FROM THE TIME THE CHILD IS ARRESTED UNTIL THE MOMENT WHEN THE SENTENCED IS PASSED AND AIMS TO PROTECT CHILDRENgS RIGHTS 4HE "ILL ALSO FOLLOWS THE RESTORATIVE JUSTICE APPROACH TOWARDS CHILDREN ACCUSED OF COMMITTING CRIMES 4HIS APPROACH MEANS gPROMOTING RECONCILIATION RESTITUTION AND RESPONSIBILITY THROUGH THE INVOLVEMENT OF A CHILD THE CHILDgS PARENT FAMILY MEMBERS VICTIMS AND COMMUNITIESg
!DAPTED FROM A DIAGRAM ON 5NIVERSITY OF THE 7ESTERN #APE AND THE #HILD *USTICE !LLIANCE WEBSITE WWWCHILDJUSTICEORGZA
2ECONCILIATION MEANS BRINGING THE PARTIES TOGETHER TO RESOLVE THE MATTER AND REACH AGREEMENT ON HOW THE CHILD SHOULD BE PUNISHED 2ESTITUTION MEANS PUTTING THE CHILD BACK INTO HISHER OWN ENVIRONMENT 4(% #(),$ *534)#% "),, (/7 4(% #(),$ *534)#% 3934%- 7),, 7/2+ !22%34 /& 4(% #(),$ W
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4HE "ILL IS STILL UNDER DISCUSSION IN THE 0ARLIAMENTARY #OMMITTEE 4HIS IS A SHORT SUMMARY OF THE MOST IMPORTANT PARTS OF THE "ILL
!'% !.$ #2)-).!, #!0!#)49 4HE "ILL SAYS THAT s THE MINIMUM AGE OF PROSECUTION SHOULD BE YEARS s CHILDREN BELOW THE AGE OF CANNOT BE PROSECUTED #HILDREN BETWEEN THE AGES OF AND ARE PRESUMED NOT TO HAVE THE CAPACITY TO UNDERSTAND THE DIFFERENCE BETWEEN RIGHT AND WRONG AND TO ACT ACCORDING TO THIS UNDERSTANDING "UT IF IT CAN BE PROVED THAT THE CHILD DID UNDERSTAND THE DIFFERENCE THEN HE OR SHE CAN BE PRESUMED TO HAVE HAD THE CAPACITY
53).' $)6%23)/. $IVERSION MEANS FINDING AN ALTERNATIVE WAY FOR CRIMINAL OFFENDERS TO gPAYg FOR THEIR CRIMES SO THAT THEY DONgT HAVE TO FOLLOW THE NORMAL COURT PROCEDURES AND END UP IN PRISON AND WITH A CRIMINAL RECORD $IVERSION FOCUSES ON REHABILITATING PEOPLE BACK INTO THEIR COMMUNITIES AND SO DIVERTING THEM AWAY FROM THE FORMAL COURT PROCEDURES 4YPES OF DIVERSION PROGRAMMES INCLUDE ATTENDING A LIFE SKILLS COURSE DOING UNPAID WORK IN THE COMMUNITY OR PAYING BACK THE VICTIM OF A CRIME 4HE NEW CHILD JUSTICE SYSTEM PROMOTES THE USE OF DIVERSION OF CASES AWAY FROM THE FORMAL COURT PROCEDURES 4HE #HILD *USTICE "ILL SAYS s THERE MUST BE AN ASSESSMENT BY THE PROBATION OFFICER OF THE CHILD WITHIN HOURS OF THE CHILDgS ARREST s THERE MUST BE A PRELIMINARY INQUIRY HELD BY A DISTRICT MAGISTRATE WITHIN HOURS OF THE CHILDgS ARREST AND BEFORE HISHER PLEA 4HE "ILL SETS OUT THREE LEVELS OF DIVERSION WHICH COVER DIFFERENT TYPES OF DIVERSION PROGRAMMES 4HE PROBATION OFFICER CAN MAKE RECOMMENDATIONS ABOUT WHICH DIVERSION PROGRAMME A CHILD SHOULD BE SENT ON
%34!",)3().' /.% 34/0 #(),$ *534)#% #%.42%3 4HE "ILL SAYS A /NE STOP #HILD *USTICE #ENTRE CAN BE SITUATED ANYWHERE BUT NOT IN A COURT OR POLICE STATION 4HESE CENTRES PROVIDE s OFFICES FOR POLICE AND PROBATION OFFICERS ATTORNEYS REPRESENTING CHILDREN PEOPLE PROVIDING DIVERSION AND PREVENTION SERVICES PEOPLE WHO TRACE FAMILIES OF CHILDREN s TEMPORARY ACCOMMODATION FOR CHILDREN WHO ARE WAITING FOR THE OUTCOME OF THE PRELIMINARY INQUIRY s A #HILDRENgS #OURT TO HEAR CHILDRENgS COURT INQUIRIES s A 2EGIONAL #OURT 4HE ROLE OF THE MAGISTRATE WHO PRESIDES OVER A CASE INVOLVING A CHILD IS s TO MAKE SURE THE COMPULSORY ASSESSMENT HAS BEEN COMPLETED s TO MAKE A DECISION ABOUT WHETHER THE MATTER SHOULD BE DIVERTED OR TRANSFERRED TO A #HILDRENgS #OURT FOR AN INQUIRY OR PROSECUTED 4HE MAGISTRATE HAS TO DECIDE WHERE TO PLACE A CHILD -AGISTRATES CAN ONLY MAKE INFORMED DECISIONS ABOUT CHILDREN IF THEY WORK CLOSELY WITH THEIR FAMILIES .'/S WELFARE AGENCIES COMMUNITY MEMBERS AND OTHERS DURING THE PRELIMINARY INQUIRY
#/--5.)49 0/,)#% &/25-3 4HE 3OUTH !FRICAN 0OLICE 3ERVICE 3!03 HAS ADOPTED gCOMMUNITY POLICINGg AS ITS BASIC PHILOSOPHY FOR DEALING WITH CRIME IN COMMUNITIES #OMMUNITY POLICING AIMS TO BRING THE POLICE AND COMMUNITY TOGETHER TO SOLVE PROBLEMS OF CRIME 4HE DEFINITION OF COMMUNITY POLICING IS gA PHILOSOPHY THAT GUIDES POLICE MANAGEMENT STYLES AND OPERATIONAL STRATEGIES AND EMPHASISES THE ESTABLISHMENT OF POLICE COMMUNITY PARTNERSHIPS AND A PROBLEM SOLVING APPROACH IN RESPONSE TO THE NEEDS OF THE COMMUNITYg "Y WORKING TOGETHER THE 3!03 HOPES TO MAKE COMMUNITIES SAFER PLACES TO LIVE IN 4HIS FORMS PART OF THE .ATIONAL #RIME 0REVENTION 3TRATEGY WHICH HAS MEANT A SHIFT FROM CRIME CONTROL TO CRIME PREVENTION )T ALSO EMPHASISES CRIME AS A SOCIAL PROBLEM RATHER THAN A SECURITY ISSUE 4HE .ATIONAL #RIME 0REVENTION 3TRATEGY PROVIDES FOR A NUMBER OF PREVENTATIVE PROGRAMMES AND UNDERLYING THESE IS THE BASIC POLICY OF COMMUNITY POLICING #OMMUNITY POLICING REQUIRES THE 3!03 TO FOCUS ON GIVING A GOOD SERVICE WORKING IN A PARTNERSHIP WITH THE COMMUNITY THROUGH THE #OMMUNITY 0OLICE &ORUMS AND BEING ACCOUNTABLE TO THE COMMUNITY &OR MORE DETAILED INFORMATION ON THE #OMMUNITY 0OLICE &ORUMS READ THE BOOKLET h4HE #OMMUNITY 0OLICE &ORUM 4OOLKIT 4HIS CAN BE DOWNLOADED FROM THE FOLLOWING WEBSITE WWWCAPEGATEWAYGOVZATEXTCOMMUNITY?POLICE?FORUM?TOOLKIT
&/2-).' #/--5.)49 0/,)#% &/25-3 #0&3 4HE #0& IS A FORUM REPRESENTATIVE OF ORGANISATIONS AND GROUPS IN THE COMMUNITY AND LOCAL GOVERNMENT WHO WORK WITH THE POLICE AROUND ISSUES OF SAFETY AND SECURITY 4HE OBJECTIVES OF #0&S ARE TO s PROMOTE COMMUNICATION AND CO OPERATION BETWEEN THE 3!03 AND THE COMMUNITY s IMPROVE THE POLICE SERVICES TO THE COMMUNITY s IMPROVE THE TRANSPARENCY AND ACCOUNTABILITY OF THE 3!03 TO THE COMMUNITY s HELP WITH JOINT IDENTIFICATION OF PROBLEMS AND HOW TO SOLVE THESE
%,%-%.43 &/2 %&&%#4)6% #/--5.)49 0/,)#).' %MPOWERED POLICE WHO ARE SKILLED PROFESSIONALS !UTONOMOUS MANAGEMENT
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4RUST AND LEGITIMACY 3HARED VALUES
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4(% 2/,% /& #/--5.)49 0/,)#% &/25-3 ! #0& SHOULD PLAY THE FOLLOWING ROLES s 4O MAKE SURE THAT LOCAL POLICE ARE ABLE TO EXPLAIN TO PEOPLE WHAT THEY ARE DOING ABOUT CRIME IN THE AREA s 4O CHECK ON HOW WELL THE POLICE ARE USING THEIR RESOURCES IN DEALING WITH CRIME IN THE COMMUNITY s 4O MONITOR HOW WELL THE POLICE ARE DOING THEIR WORK IN THE COMMUNITY FOR EXAMPLE IS IT EASY TO FIND A POLICE OFFICER WHEN YOU NEED ONE ARE THERE ALWAYS PLENTY OF POLICE VISIBLE AT RALLIES AND OTHER MASS EVENTS DO POLICE PATROL THE STREETS DO POLICE RESPOND QUICKLY WHEN A CRIME HAS BEEN REPORTED AND SO ON s 4O ENQUIRE INTO LOCAL POLICING MATTERS FOR EXAMPLE WHAT ARE THE MAIN PROBLEMS WITH CRIME IN THE COMMUNITY ARE THE POLICE DEALING WITH THESE ISSUES EFFECTIVELY AND ARE THE POLICE USING THEIR RESOURCES MOST EFFECTIVELY
4(% #0& #/.34)454)/. 4HE #0& SHOULD HAVE A CONSTITUTION WHICH CONTAINS THE STANDARD ELEMENTS OF A CONSTITUTION INCLUDING THE MISSION OF THE #0& HOW DECISIONS ARE TAKEN VOTING MEETINGS AND FINANCIAL PROCEDURES ETC
0!24.%23()03 "%47%%. 4(% #/--5.)49 !.$ 4(% 0/,)#% #0&S REPRESENT A PARTNERSHIP BETWEEN THE COMMUNITY AND THE POLICE 4HESE ARE THE ROLES OF EACH PARTNER s 4HE POLICE RUN THE POLICE STATION n ALTHOUGH SOME &ORUM MEMBERS MAY BE TRAINED TO HELP WITH ADMINISTRATION WORK s 4HE COMMUNITY ADVISES AND HELPS THE POLICE AND MONITORS THEIR PERFORMANCE ! #0& MAY BE CONSULTED ON THESE ASPECTS OF THE DAY TO DAY RUNNING OF THE POLICE STATION s NEW APPOINTMENTS TO THE STATION s CHANGES FROM FOOT PATROLS TO BICYCLES OR CARS s CHANGES IN HOW THE POLICE OPERATE s CHANGES TO THE POLICE STATION INCLUDING WHERE NEW POLICE STATIONS SHOULD BE BUILT
2%,!4)/.3()0 "%47%%. ,/#!, '/6%2.-%.4 #/--5.)49 0/,)#% &/25-3 !.$ 4(% 0/,)#% s ENSURES THAT CRIME PREVENTION INFORMS ALL MUNICIPAL PLANNING s DEVELOPS AND INITIATES TARGETED LOCAL SOCIAL CRIME PREVENTION PROGRAMMES s CO ORDINATES CRIME PREVENTION ACTIVITIES
s POLICES ROAD TRAFFIC AND RELATED LAWS s POLICES MUNICIPAL BY LAWS s PERFORMS VISIBLE POLICING FUNCTIONS ,/#!, '/6%2.-%.4 -5.)#)0!, 0/,)#% 3%26)#%
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SHARES INFORMATION CO OPERATES WITH LOCAL GOVERNMENT PARTICIPATES IN PROBLEM SOLVING MONITORS SAFETY AND SERVICE DELIVERY
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3TATION COMMISSIONER HAS MORE AUTONOMY OVER STRATEGIES TO SET PRIORITIES AND IS INVOLVED IN INITIATING LOCAL PARTNERSHIPS
,/#!, '/6%2.-%.4 !.$ #0&S ,OCAL GOVERNMENT SHOULD WORK WITH #0&S AND !REA #OMMUNITY 0OLICE "OARDS TO SET PRIORITIES AND OBJECTIVES FOR THE FORUM #0&S SHOULD WORK WITH LOCAL GOVERNMENT BY s SETTING CRIME PREVENTION STRATEGIES TOGETHER AND AGREEING ON HOW THESE WILL BE CARRIED OUT s ASSISTING WITH DEVELOPING TARGETED SOCIAL CRIME PREVENTION PROGRAMMES s IDENTIFYING FLASHPOINTS AND CRIME PATTERNS AND COMMUNICATING THESE TO LOCAL GOVERNMENT AND THE 3!03 AND PARTICIPATING IN PROBLEM SOLVING s MOBILISING AND ORGANISING COMMUNITY BASED CAMPAIGNS AND ACTIVITIES AND THE RESOURCES THAT ARE NEEDED TO KEEP THEM GOING s FACILITATING REGULAR ATTENDANCE BY LOCAL ELECTED REPRESENTATIVES AT #0&S 4HE DIAGRAM ON PAGE SHOWS HOW THE RELATIONSHIP BETWEEN LOCAL GOVERNMENT COMMUNITY POLICE FORUMS AND THE 3!03 SHOULD WORK 2ELATIONSHIPS ALSO NEED TO BE BUILT WITH VARIOUS OTHER GOVERNMENT DEPARTMENTS FOR EXAMPLE THE VARIOUS PROVINCIAL SOCIAL WELFARE DEPARTMENTS
&5.$).' #0&3 &UNDING IN PART FOR THE #0&S IS MADE AVAILABLE FROM THE 0ROVINCIAL 3ECRETARIAT OF 3AFETY AND 3ECURITY (OWEVER THE MAJORITY OF THE FUNDS HAS TO BE RAISED BY THE FORUM FROM LOCAL BUSINESS OR THROUGH HOLDING FUND RAISING VENTURES #0&S NEED MONEY FOR VARIOUS ASPECTS OF THEIR WORK &OR EXAMPLE MONEY TO HIRE TRANSPORT TO BRING PEOPLE TO WORKSHOPS OR TO HIRE CONSULTANTS TO TRAIN MEMBERS OF THE FORUM IN HOW TO MEDIATE DISPUTES #0&S ARE REQUIRED TO SET UP A &UNDING &OUNDATION TO MANAGE THE FUNDS 4HE &UNDING &OUNDATION IS A SECTION NOT FOR PROFIT COMPANY WHICH RAISES MONEY FOR PROJECTS AND MANAGES THE INCOME AND EXPENSES OF THE FORUM 4HE &UNDING &OUNDATION SHOULD HAVE A SEPARATE BOARD OF TRUSTEES 4HE TRUSTEES CAN BE CHOSEN FROM COMMUNITY BASED ORGANISATIONS PRIVATE BUSINESS RELIGIOUS GROUPS AND SO ON 4HE #0& SHOULD APPOINT A PROFESSIONAL AUDITOR TO AUDIT THE FINANCIAL RECORDS EVERY YEAR
4HE CIVIL COURTS AND CIVIL CASES #)6), #,!)-3 )N CIVIL CLAIMS IT IS NOT THE STATE THAT PROSECUTES )N A CIVIL CLAIM YOU BRING A CASE AGAINST A PERSON OR A COMPANY OR OTHER ORGANISATION 9OU CAN CLAIM FOR MONEY THAT IS OWED TO YOU OR YOU CAN CLAIM COMPENSATION FOR MENTAL AND PHYSICAL HARM THAT WAS DONE TO YOU 4HIS COMPENSATION IS CALLED $!-!'%3 )N A CIVIL CLAIM THE STATE CAN ALSO BE LIKE A gPRIVATE PERSONg IF IT IS SUING SOMEBODY ELSE OR IF IT IS BEING SUED FOR A WRONGFUL ACT 3EE PAGE #IVIL LAW %XAMPLES OF PROBLEMS WHERE YOU CAN START CIVIL CLAIMS INCLUDE ASSAULT EVICTION DIVORCE DEFAMATION INJURY BECAUSE OF NEGLIGENT DRIVING BREAKING A CONTRACT AND IF SOMEONE OWES YOU MONEY #IVIL CLAIMS CAN BE BROUGHT IN VARIOUS CIVIL COURTS INCLUDING THE (IGH #OURTS $ISTRICT MAGISTRATES COURTS 3MALL #LAIMS #OURTS &AMILY #OURTS %QUALITY #OURTS AND #HIEFS AND (EADMEN #OURTS %ACH COURT HAS ITS OWN AREA OF JURISDICTION WHICH IS DEFINED BY LAW 4HIS MEANS THE LAW SAYS WHAT KINDS OF CASES THE COURTS CAN HEAR AND WHAT KINDS OF SENTENCING CAN TAKE PLACE IN EACH COURT 4HE TWO SIDES IN A CIVIL CLAIM ARE CALLED THE gPARTIESg 4HE PERSON WHO COMPLAINS IS CALLED THE PLAINTIFF 4HE PERSON BEING SUED IS CALLED THE DEFENDANT #IVIL CASES HEARD IN THE MAGISTRATES COURT WILL REQUIRE A ATTORNEY TO DRAW UP PAPERS FOR EITHER OF THE PARTIES (OWEVER IN THE 3MALL #LAIMS #OURT YOU WILL NOT BE ALLOWED TO USE A ATTORNEY
02%3#2)04)/. 0%2)/$3 !LL CLAIMS FALL AWAY PRESCRIBE AFTER A CERTAIN PERIOD OF TIME )N OTHER WORDS YOU WILL LOSE YOUR RIGHT TO CLAIM AGAINST ANOTHER PERSON IF YOU WAIT TOO LONG TO MAKE THE CLAIM )F YOU ARE HELPING SOMEONE WITH A CASE IT IS VERY IMPORTANT THAT YOU DO NOT DELAY IN TAKING FOLLOW UP ACTION AND THAT YOU ADVISE THE PERSON IMMEDIATELY OF THE TIME LIMITS %XAMPLES OF PRESCRIPTION PERIODS s ! MOTOR VEHICLE INSURANCE CLAIM FORM MUST BE SENT IN WITHIN TWO YEARS FROM THE DATE OF THE ACCIDENT s )F SOMEONE HAS BEEN UNFAIRLY DISMISSED AND WISHES TO APPLY FOR REINSTATEMENT THE APPLICATION FOR REINSTATEMENT MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION WITHIN DAYS OF THE UNFAIR DISMISSAL s !PPLICATIONS FOR 5NEMPLOYMENT )NSURANCE &UND "ENEFITS n IF YOU ARE OUTSIDE THE PRESCRIPTION PERIOD YOU MAY LOSE ALL YOUR EMPLOYMENT BENEFITS 4HE )NSTITUTION OF ,EGAL PROCEEDINGS AGAINST CERTAIN /RGANS OF STATE !CT .O OF HAS CHANGED THE PRESCRIPTION PERIODS FOR CLAIMS AGAINST GOVERNMENT BODIES )N TERMS OF THIS !CT YOU MUST DO THE FOLLOWING s 'IVE NOTICE IN WRITING OF YOUR INTENTION TO INSTITUTE LEGAL ACTION AGAINST A GOVERNMENT BODY WITHIN MONTHS OF THE CLAIM ARISING 4HE NOTICE MUST BE SERVED ON THE PERSON BY HAND OR BY ELECTRONIC MAIL OR FAX s -AKE A CLAIM AGAINST THE RELEVANT BODY WITHIN YEARS OF THE CLAIM ARISING )F YOU DONT GIVE THE REQUIRED MONTHS NOTICE AND YOU HAVE GOOD REASONS FOR NOT GIVING PROPER NOTICE YOU CAN APPLY TO THE COURT FOR CONDONATION 4HIS MEANS YOU ASK THE COURT TO ALLOW YOU TO CONTINUE WITH THE CLAIM EVEN THOUGH IT HAS OFFICIALLY PRESCRIBED BECAUSE YOU HAD GOOD REASONS FOR FAILING TO GIVE NOTICE
02%0!2).' &/2 ! #)6), #,!)"EFORE THE STEPS IN A CIVIL CLAIM CAN BEGIN THIS IS WHAT YOU MUST DO s $RAW UP A STATEMENT n -AKE A STATEMENT ABOUT WHAT HAPPENED TO YOU s #OLLECT EVIDENCE TO SUPPORT YOUR CASE &OR EXAMPLE TAKE PHOTOGRAPHS OF YOUR INJURIES GO TO A DOCTOR AND GET TREATMENT AND A MEDICAL CERTIFICATE GET THE NAMES ADDRESSES AND STATEMENTS OF WITNESSES WHO SAW THE INCIDENT s 3EE A ATTORNEY IF THIS IS APPROPRIATE n 4AKE YOUR STATEMENT TO A ATTORNEY 4HE ATTORNEY WILL CHECK YOUR STATEMENT AND THEN MAKE YOUR STATEMENT INTO A SWORN STATEMENT CALLED AN AFFIDAVIT 9OU MUST THEN SWEAR THAT WHAT YOU SAY IN YOUR AFFIDAVIT IS THE TRUTH s -AKE A CRIMINAL CLAIM AT THE SAME TIME n 2EMEMBER THAT IF THE ACT AGAINST YOU IS A CRIMINAL ACT THEN YOU CAN MAKE A CIVIL CLAIM AND A CRIMINAL CASE AT THE SAME TIME &OR EXAMPLE IF SOMEONE ASSAULTS YOU YOU CAN MAKE A CRIMINAL CHARGE AGAINST THAT PERSON BECAUSE IT IS A CRIME TO ASSAULT SOMEONE 9OU CAN ALSO BRING A CIVIL CLAIM AGAINST THAT PERSON FOR DAMAGES FOR EXAMPLE PAIN AND SUFFERING LOSS OF WAGES MEDICAL COSTS AND SO ON
34%03 ). ! #)6), #,!)- ). ! -!')342!4%3 #/524 4HE AIM IN A CIVIL CLAIM IS FOR THE PLAINTIFF TO PROVE TO THE COURT THAT HIS OR HER CASE IS @MORE LIKELY THAN THE CASE OF THE DEFENDANT )N THE COURT THEY SAY THIS MUST BE PROVED ON A gBALANCE OF PROBABILITIESg 4HIS IS DIFFERENT FROM THE CRIMINAL CASE WHERE THE STATE HAS TO PROVE THAT THE ACCUSED COMMITTED THE CRIME gBEYOND ALL REASONABLE DOUBTg
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35--!29 /& 34%03 ). ! #)6), #,!),ETTER OF DEMAND n 4HE PLAINTIFFgS ATTORNEY WRITES A LETTER TO THE DEFENDANT 4HIS LETTER SAYS WHAT THE PLAINTIFF WANTS AND GIVES THE DEFENDANT A CERTAIN NUMBER OF DAYS TO DO IT )T IS A WARNING THAT THE PLAINTIFF PLANS TO TAKE THE OTHER PERSON TO COURT UNLESS THE DEFENDANT AGREES TO HIS OR HER DEMANDS )SSUING A SUMMONS n )F THERE IS NO REPLY TO THE LETTER OF DEMAND THE ATTORNEY DRAWS UP AND ISSUES A SUMMONS 4HE SUMMONS IS A DOCUMENT STAMPED BY THE COURT SETTING OUT THE DETAILS OF THE PLAINTIFFgS CLAIM )T ALSO TELLS THE DEFENDANT TO TELL THE COURT WITHIN DAYS WHETHER THE CASE WILL BE DEFENDED 4HE DEFENDANT CAN ANSWER THE SUMMONS IN ONE OF THESE WAYS s ADMIT TO OWING THE MONEY AND PAY IMMEDIATELY OR s TRY TO SETTLE THE CASE BY REACHING AN AGREEMENT WITH THE OTHER SIDE AFTER DISCUSSING IT WITH THE PLAINTIFFgS ATTORNEY OR s DEFEND THE CLAIM IN WHICH CASE THE FORM CALLED A .OTICE OF )NTENTION TO $EFEND WHICH IS AT THE BACK OF THE SUMMONS MUST BE COMPLETED AND RETURNED TO THE COURT )N ALL CASES IT IS VERY IMPORTANT NOT TO )'./2% THE SUMMONS OR TO WAIT UNTIL AFTER THE RETURN DATE HAS EXPIRED )F THE DEFENDANT DOESNgT TELL THE COURT THAT THE CASE WILL BE DEFENDED IN OTHER WORDS IF THE DEFENDANT DOES NOTHING ABOUT THE SUMMONS THEN JUDGMENT WILL BE GIVEN IN FAVOUR OF THE PLAINTIFF 4HIS TYPE OF JUDGMENT IS CALLED A DEFAULT JUDGMENT
$%&!5,4 *5$'-%.4 )F THE COURT GIVES THE DEFAULT JUDGMENT THE PLAINTIFF CAN CLAIM AGAINST THE DEFENDANTgS PROPERTY WITH A 7ARRANT OF %XECUTION 4HE COURT WILL TAKE SOME OF THE DEFENDANTgS POSSESSIONS AND SELL THEM TO GET MONEY TO PAY THE PLAINTIFF
4(% $%&%.#% )F THE DEFENDANT WANTS TO DEFEND THE CASE IN COURT THEN HE OR SHE MUST FILL IN A FORM CALLED A .OTICE OF )NTENTION TO $EFEND WHICH IS A FORM AT THE BACK OF THE SUMMONS )T GIVES THE REASONS WHY THE DEFENDANT DOES NOT WANT TO PAY WHAT THE PLAINTIFF CLAIMS IN THE SUMMONS 4HE FORM MUST BE STAMPED AT THE COURT 4HEN A COPY IS GIVEN TO THE PLAINTIFFgS ATTORNEY
0,%!$).'3 4HE LEGAL DOCUMENTS IN A CIVIL CLAIM ARE CALLED PLEADINGS 4HESE PLEADINGS ARE DIFFICULT TO UNDERSTAND SO IT IS A GOOD IDEA TO GET A ATTORNEY TO DEFEND A CIVIL CLAIM 4HE ATTORNEYS FROM BOTH SIDES SET OUT THE LEGAL FACTS IN THE PLEADINGS 0LEADINGS ARE DRAFTED ACCORDING TO THE RULES OF THE COURT 4HE ATTORNEYS SEND ALL THE INFORMATION TO EACH OTHER !T ANY TIME DURING THE PLEADINGS OR EVEN DURING THE COURT CASE THE PLAINTIFF AND DEFENDANT CAN DECIDE TO SETTLE THE CASE )N OTHER WORDS THEY CAN REACH AN AGREEMENT ON THEIR OWN WITHOUT THE MAGISTRATE OR JUDGE HAVING TO DECIDE THE CASE 4HE AIM OF SETTLING A CASE IS USUALLY TO SAVE BOTH SIDES TIME AND MONEY )F THE CASE IS NOT SETTLED THIS WAY THEN IT WILL GO TO COURT
4(% 42)!, !T THE TRIAL THE PLAINTIFFgS ATTORNEY AND THE DEFENDANTgS ATTORNEY EACH PRESENT THEIR SIDE OF THE CASE 4HIS IS DONE BY GIVING EVIDENCE AND CALLING WITNESSES !S IN CRIMINAL CASES WITNESSES CAN BE CROSS EXAMINED AND RE EXAMINED 7HEN THE ATTORNEYS DECIDE THEY HAVE LED ENOUGH EVIDENCE THEY CLOSE THEIR CLIENTgS CASES %ACH ATTORNEY TRIES TO PERSUADE THE COURT THAT HIS OR HER CLIENT SHOULD WIN
*5$'-%.4 4HE MAGISTRATE OR JUDGE DECIDES WHICH SIDE IS RIGHT AND GIVES A JUDGMENT IN FAVOUR OF THAT SIDE
2%6)%7 /2 !00%!, 4HE PLAINTIFF OR DEFENDANT CAN APPLY FOR AN APPEAL OR A REVIEW IF HE OR SHE IS NOT SATISFIED WITH THE OUTCOME OF THE CASE OR WITH THE WAY THE PROCEEDINGS WERE CONDUCTED 3EE PAGE 4RIALS APPEALS AND REVIEWS
#/343 5SUALLY THE PARTY THAT LOSES THE CASE MUST PAY HIS OR HER OWN LEGAL COSTS AND MOST OF THE LEGAL COSTS OF THE OTHER SIDE )T IS UP TO THE MAGISTRATE OR JUDGE TO DECIDE AS PART OF THE COURTS JUDGEMENT
%.&/2#).' ! #)6), *5$'-%.4 %NFORCING A JUDGMENT MEANS MAKING SURE THAT THE PARTY THAT LOST THE CASE PAYS UP )T IS USUALLY NECESSARY TO USE A ATTORNEY TO ENFORCE A JUDGMENT 4HERE ARE DIFFERENT WAYS TO ENFORCE A JUDGEMENT INCLUDING PAYING INSTALMENTS AND GETTING A WARRANT OF EXECUTION
0!9).' ). ).34!,-%.43 )F THE DEFENDANT CANNOT PAY THE SUM OF MONEY ALL AT ONCE HE OR SHE CAN OFFER TO PAY IN INSTALMENTS
7!22!.4 /& %8%#54)/. )F THE DEFENDANT STILL DOES NOT PAY AFTER THE JUDGMENT HAS BEEN GIVEN THE PLAINTIFF CAN ASK THE COURT TO ISSUE A 7ARRANT OF %XECUTION 4HIS IS A COURT ORDER WHICH SAYS THE 3HERIFF OF THE #OURT CAN GO TO THE DEFENDANTgS HOME AND LIST THE ITEMS OWNED BY HIM OR HER LIKE A TELEVISION SET FRIDGE RADIO MOTOR CAR AND SO ON 4HIS IS CALLED ATTACHING THE PROPERTY 4HE 3HERIFF OF THE #OURT CAN ALSO ATTACH THE WHOLE HOUSE IF NECESSARY 4HE COURT ATTACHES THE DEFENDANTgS PROPERTY BECAUSE THIS IS THE ONLY WAY IT CAN FORCE THE DEFENDANT TO PAY THE JUDGMENT COSTS AND ANY OTHER AMOUNTS THE DEFENDANT OWES FOR EXAMPLE THE 3HERIFF OF THE #OURTgS FEES AND THE PLAINTIFFgS LEGAL COSTS 4HE 3HERIFF OF THE #OURT THEN TAKES THE ATTACHED PROPERTY AND SELLS IT 4HE AMOUNT OF THE JUDGMENT PLUS LEGAL COSTS IS THEN PAID TO THE PLAINTIFF FROM WHAT IS MADE AT THE SALE )F ANYTHING IS LEFT OVER IT WILL BE PAID BACK TO THE DEFENDANT )F THE DEFENDANT DOES NOT HAVE ENOUGH PROPERTY WHICH CAN BE SOLD TO PAY OFF THE PLAINTIFFgS CLAIM THE PLAINTIFF CAN ASK THE COURT TO LOOK INTO THE DEFENDANTgS FINANCIAL POSITION 4HE COURT CAN THEN ORDER THE DEFENDANT TO PAY A CERTAIN AMOUNT EACH MONTH OR HAVE A CERTAIN AMOUNT TAKEN OFF FROM HIS OR HER SALARY EACH MONTH BY THE EMPLOYER AND SENT TO THE PLAINTIFF )F THE DEFENDANT REFUSES TO OBEY THIS COURT ORDER SHE OR HE CAN BE ARRESTED FOR CONTEMPT OF COURT
02/",%-3 7)4( #)6), #,!)-3 4IME LIMITS n 4HERE IS OFTEN A TIME LIMIT ON WHEN YOU CAN BRING YOUR CLAIM 4HESE TIME LIMITS ARE CALLED PRESCRIPTION PERIODS )F YOU BRING YOUR CLAIM TOO LATE THE COURT WILL NOT ACCEPT IT 3EE PAGE 0RESCRIPTION PERIODS ,ONG TIME TO COME TO COURT n #IVIL CLAIMS OFTEN TAKE A LONG TIME TO GET TO COURT AND TO BE SETTLED #OLLECTING GOOD EVIDENCE n 9OU NEED VERY GOOD EVIDENCE TO WIN A CIVIL CLAIM #OST OF THE CIVIL CLAIM n #IVIL CLAIMS COST A LOT OF MONEY TO BRING )F YOU WIN YOUR CASE THEN THE OTHER SIDE WILL USUALLY HAVE TO PAY YOUR LEGAL COSTS )F YOU LOSE YOUR CASE YOU WILL USUALLY HAVE TO PAY THE OTHER SIDEgS COSTS
3-!,, #,!)-3 #/524 3## 4HE 3## IS A CIVIL COURT BUT THE PROCEDURES INVOLVED ARE MUCH SIMPLER AND YOU CAN ONLY USE IT FOR CERTAIN gSMALLg CIVIL CLAIMS ! gSMALLg CLAIM IS A CLAIM WITH A VALUE OF UP TO 2 )F YOUR CLAIM IS FOR MORE THAN 2 YOU EITHER HAVE TO USE THE ORDINARY MAGISTRATES COURT OR YOU CAN GIVE UP PART OF YOUR CLAIM SO THAT IT REDUCES TO 2 #ERTAIN CLAIMS CANNOT BE HEARD IN THE 3## EVEN IF THEIR VALUE IS 2 OR LESS %XAMPLES OF THESE CLAIMS ARE s DIVORCE s MATTERS CONCERNING A WILL s MALICIOUS PROSECUTION s WRONGFUL IMPRISONMENT s SEDUCTION s BREACH OF PROMISE TO MARRY 4HE 3## WILL ALSO NOT HEAR CASES WHICH THE #OMMISSIONER THINKS INVOLVE DIFFICULT QUESTIONS OF LAW AND SO SHOULD BE HEARD BY A -AGISTRATEgS #OURT 4HE STATE MAY NOT USE THE 3## AND YOU MAY NOT USE IT AGAINST THE STATE FOR EXAMPLE TO MAKE A CASE AGAINST THE POLICE 9OU CAN USE THE 3## TO CLAIM FROM AN ORGANISATION A TOWN COUNCIL OR A COMPANY "UT AN ORGANISATION TOWN COUNCIL OR A COMPANY MAY NOT USE THIS COURT TO CLAIM AGAINST YOU
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s 9OU WORK AS A DOMESTIC WORKER AND HAVE NOT BEEN PAID FOR THREE MONTHS 9OU WANT TO CLAIM WAGES FROM YOUR EMPLOYER s 9OU BOUGHT A SECOND HAND TAPE PLAYER WHICH STOPS WORKING AFTER THE FIRST MONTH 9OU CAN CLAIM AGAINST THE SELLER s 9OU ARE ASSAULTED AND HAVE TO HAVE TREATMENT FOR YOUR WOUNDS 9OU CAN CLAIM AGAINST THE PERSON WHO ASSAULTED YOU FOR PAIN AND SUFFERING LOST WAGES MEDICAL FEES AND SO ON s 3OMEONE NEGLIGENTLY DRIVES INTO YOUR CAR CAUSING 2 WORTH OF DAMAGE 9OU CAN SUE THE DRIVER OF THE OTHER CAR FOR THIS AMOUNT s 9OU PAID SOMEONE TO DO WORK FOR YOU AND THEY DID NOT DO IT PROPERLY 9OU CAN CLAIM SOME OF YOUR MONEY BACK
.EITHER YOU NOR YOUR OPPONENT CAN USE A ATTORNEY IN THE 3##
7()#( 3-!,, #,!)-3 #/524 -534 9/5 53% 4/ -!+% ! #,!)- 9OUR CLAIM WILL BE HEARD IN THE 3MALL #LAIMS #OURT FOR THE AREA WHERE THE DEFENDANT LIVES OR WHERE THE hCAUSE OF ACTIONv AROSE n YOU CAN CHOOSE EITHER OF THESE TWO OPTIONS 4HE LEGAL TERM hCAUSE OF ACTIONv MEANS THE REASON FOR YOUR CLAIM OR WHAT CAUSED YOUR CLAIM &OR EXAMPLE IF YOU PARK YOUR CAR OUTSIDE YOUR HOME AND &ABIO SMASHES INTO IT THE CAUSE OF ACTION WILL BE THE COLLISION THAT WAS CAUSED BY &ABIO (OWEVER &ABIO LIVES IN 0RETORIA AND YOU LIVE IN *OHANNESBURG 7HICH SMALL CLAIMS COURT SHOULD YOU TAKE THE CASE TO 9OU CAN CHOOSE TO TAKE THE CLAIM TO THE 0RETORIA 3MALL #LAIMS #OURT WHERE THE DEFENDANT &ABIO LIVES OR TO THE *OHANNESBURG SMALL CLAIMS COURT WHERE THE CAUSE OF ACTION AROSE )F THE -AGISTRATES #OURT FOR THE AREA WHERE YOU LIVE HAS A 3MALL #LAIMS #OURT PHONE AND ASK THE #LERK OF THE 3MALL #LAIMS #OURT FOR HELP )F THE -AGISTRATES #OURT FOR YOUR AREA DOES NOT HAVE A 3MALL #LAIMS #OURT THE #LERK OF THE #IVIL #OURT WILL ADVISE YOU WHERE TO TAKE YOUR CLAIM
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,%44%2 /& $%-!.$ )F YOU WANT TO USE THE 3## YOU MUST SEND AN OFFICIAL 3MALL #LAIMS #OURT LETTER OF DEMAND TO THE DEFENDANT 9OU CAN GET A FORM FOR THE LETTER OF DEMAND AT THE 3## 4HE #LERK OF THE 3MALL #LAIMS #OURT WILL COMPLETE THE ,ETTER OF $EMAND FOR YOU )NCLUDE IN YOUR LETTER OF DEMAND A FULL DESCRIPTION OF YOUR CLAIM 3EE PAGE -ODEL LETTER OF DEMAND FOR THE 3##
4HE DEFENDANT IS GIVEN WORKING DAYS TO PAY YOUR CLAIM 4HE DAYS START FROM THE FIRST WORKING DAY AFTER THE DEFENDANT HAS RECEIVED YOUR LETTER )F THE DEFENDANT DOES NOT REPLY WITHIN DAYS YOU CAN TAKE THE NEXT STEP WHICH IS ISSUING A SUMMONS 4HE ,ETTER OF $EMAND MUST BE IN DUPLICATE 4HERE ARE THREE WAYS TO DELIVER THE LETTER 3END IT BY REGISTERED POST +EEP THE REGISTRATION SLIP AND CONTACT THE POST OFFICE BY PHONING THE TOLL FREE NUMBER ON THE REGISTRATION SLIP )F THE DEFENDANT RECEIVES THE LETTER THE POST OFFICE WILL INFORM YOU OF THE DATE OF RECEIPT AND YOU CALCULATE THE WORKING DAYS STARTING FROM THE FIRST WORKING DAY AFTER RECEIPT OF THE LETTER )F THE DEFENDANT DOES NOT COLLECT YOUR LETTER THE LETTER WILL BE RETURNED TO YOU BY THE POST OFFICE UNCLAIMED AFTER A FULL MONTH 9OU MAY ALSO COLLECT THE UNCLAIMED LETTER AT THE POST OFFICE AFTER A FULL MONTH (AND DELIVER THE ORIGINAL COPY OF THE LETTER TO THE DEFENDANT YOURSELF )F YOU HAND DELIVER THE LETTER THE DEFENDANT MUST SIGN YOUR COPY OF IT AS ACKNOWLEDGMENT OF RECEIPT +EEP THIS SIGNED COPY IN A SAFE PLACE )F THE DEFENDANT REFUSES TO SIGN YOUR COPY OR REFUSES DELIVERY GO TO THE NEAREST POLICE STATION TO SIGN AN AFFIDAVIT TO SAY EFFECT THAT YOU DELIVERED THE LETTER TO THE DEFENDANT BUT HE OR SHE REFUSED TO SIGN ACKNOWLEDGMENT OR REFUSED DELIVERY 4AKE THE LETTER TO THE SHERIFF SERVING THE AREA WHERE THE DEFENDANT LIVES FOR HAND DELIVERY 4HIS WILL COST YOU A SMALL FEE
)335).' 4(% 35--/.3 )F THE DEFENDANT RECEIVES YOUR LETTER BUT FAILS TO PAY AFTER DAYS YOU SHOULD RETURN TO THE #LERK OF THE 3MALL #LAIMS #OURT WITH YOUR REGISTRATION SLIP AND YOUR COPY OF YOUR LETTER 4HE CLERK WILL THEN ISSUE YOU WITH A SUMMONS WHICH WILL HAVE A COURT DATE ON IT 9OU MUST IMMEDIATELY TAKE THE SUMMONS TO THE SHERIFF TO SERVE ON THE DEFENDANT 9OU CAN CLAIM THIS COST BACK FROM THE DEFENDANT IN ADDITION TO YOUR CLAIM 4HE SHERIFF WILL INFORM YOU BY MEANS OF THE h3HERIFFS 2ETURN OF 3ERVICEv WHETHER OR NOT HE OR SHE WAS ABLE TO SERVE THE SUMMONS )F THE SHERIFF IS UNABLE TO SERVE THE SUMMONS FOR EXAMPLE IF THE DEFENDANT HAS MOVED TO ANOTHER ADDRESS THEN THE SHERIFF WILL INFORM YOU OF THE REASON 4HE CLERK OF THE COURT WILL TELL WHAT STEPS TO TAKE AFTER THIS 4HE SUMMONS GIVES THE DEFENDANT DAYS TO PAY YOUR CLAIM )T ALSO GIVES A DATE AFTER THE DAYS WHEN SHE OR HE MUST APPEAR IN THE 3## IF THE CLAIM IS NOT SETTLED 9OU WILL ALSO HAVE TO APPEAR IN COURT ON THE DAY REFERRED TO ON THE SUMMONS
4(% 42)!, !T THE TRIAL THE 3MALL #LAIMS #OMMISSIONER WHO IS USUALLY A ATTORNEY PRESIDES OVER THE CASE 4HE #OMMISSIONER EXPLAINS THE COURT PROCEDURE TO BOTH SIDES AND ASKS ALL THE QUESTIONS 9OU CAN ONLY ASK YOUR OPPONENT QUESTIONS WHEN THE #OMMISSIONER SAYS THAT YOU CAN )F YOU DO NOT UNDERSTAND %NGLISH OR !FRIKAANS YOU CAN ASK FOR AN INTERPRETER BUT YOU MUST ASK FOR THIS BEFORE THE DAY OF THE CASE "OTH YOU AND YOUR OPPONENT CAN CALL ANY WITNESSES TO SUPPORT YOUR CASES 4HE #OMMISSIONER WILL QUESTION THE WITNESSES 4HE PARTIES SHOULD ALSO BRING ANY DOCUMENTS INVOLVED IN THE CASE FOR EXAMPLE AN INVOICE RECEIPT PHOTOGRAPHS STATEMENTS BY OTHER PEOPLE AND SO ON WHICH COULD BE USED AS PROOF
#HANGING THE CLAIM !T ANY TIME BEFORE THE CASE YOU CAN ASK THE 3MALL #LAIMS #OMMISSIONER TO CHANGE SOME OF THE DETAILS IN ANY OF THE DOCUMENTS /R YOU CAN ASK THE COURT TO STOP THE CLAIM ALTOGETHER 4HE #OMMISSIONER WILL ALLOW ANY CHANGES WHICH HE OR SHE DECIDES ARE REASONABLE
4(% #/--)33)/.%2 ')6%3 *5$'-%.4 7HEN THE #OMMISSIONER HAS HEARD ALL THE EVIDENCE HE OR SHE WILL DECIDE ON A gBALANCE OF PROBABILITIESg WHO IS RIGHT 4HIS IS THE SAME AS IN OTHER CIVIL CASES 4HE #OMMISSIONER DOES NOT HAVE TO LISTEN TO ALL THE WITNESSES IF HE OR SHE THINKS IT IS NOT NECESSARY 4HERE ARE THREE POSSIBLE JUDGEMENTS THAT THE #OMMISSIONER CAN GIVE s *UDGEMENT IN FAVOUR OF THE CLAIMANT ALSO CALLED THE 0LAINTIFF 4HE LOSER CANNOT APPEAL AND HAS WORKING DAYS TO PAY THE CLAIM WHICH INCLUDES THE REFUND OF THE SHERIFFgS FEES TO THE CLAIMANT s *UDGEMENT IN FAVOUR OF THE $EFENDANT 4HIS MEANS THE CLAIMANT HAS LOST HIS OR HER CASE 4HE CLAIMANT MAY NOT APPEAL AGAINST THIS JUDGEMENT s !BSOLUTION FROM THE )NSTANCE 4HIS RULING IS GIVEN IF THE #OMMISSIONER CANNOT DECIDE WHICH SIDE TO BELIEVE )T MEANS NEITHER SIDE HAS WON )F THIS JUDGEMENT IS GIVEN THE CLAIMANT CAN AT A LATER STAGE MAKE A CLAIM IN THE SMALL CLAIMS COURT &OR EXAMPLE THE CLAIMANT MIGHT FIND PROOF OF HIS CLAIM AFTER THE COURT HEARING WHICH WOULD HELP HIM WIN HIS CLAIM NEXT TIME
7(!4 (!00%.3 )& 4(% $%&%.$!.4 $/%3 ./4 !00%!2 ). #/524
$EFAULT *UDGMENT )F THE DEFENDANT IS ABSENT AND THE CLAIMANT IS PRESENT AT COURT THE COURT WILL FIRST ENSURE THAT THE CLAIM IS VALID THEN IT WILL GIVE THE CLAIMANT A $EFAULT *UDGMENT AGAINST THE DEFENDANT 4HE TERM DEFAULT MEANS THE DEFENDANT FAILED TO ATTEND THE PROCEEDINGS 4HE DEFENDANT NOW HAS WORKING DAYS TO PAY STARTING FROM THE DAY AFTER THE DEFENDANT IS INFORMED OF THE $EFAULT *UDGMENT ! LETTER WILL BE SENT BY THE SMALL CLAIMS COURT TO THE DEFENDANT NOTIFYING HIM OR HER OF THE DEFAULT JUDGMENT
2ESCINDING SETTING ASIDE A $EFAULT *UDGMENT )F THE DEFENDANT HAS A LEGALLY VALID DEFENCE TO THE CLAIM !.$ A VALID REASON FOR FAILING TO APPEAR IN COURT HE HAS TO HAVE BOTH HE CAN ASK THE COURT TO RESCIND OR CANCEL THE DEFAULT JUDGMENT (E DOES THIS BY IMMEDIATELY LODGING A 2ESCISSION !PPLICATION WITH THE SMALL CLAIMS COURT ONCE HE BECOMES AWARE OF THE DEFAULT JUDGMENT ./4% ,ACK OF MONEY IS NOT A VALID DEFENCE TO A CLAIM @&ORGETTING THE COURT DATE PERSONAL COMMITMENTS OR BUSINESS PRESSURES ARE ALSO NOT VALID REASONS FOR FAILING TO ATTEND A COURT HEARING )F THE COURT GRANTS A RESCISSION APPLICATION THE CLAIM STARTS FROM THE BEGINNING AND THE CLAIMANT AND DEFENDANT BOTH HAVE TO APPEAR IN COURT 3EE PAGE 4HE TRIAL
7(!4 (!00%.3 )& 4(% #,!)-!.4 $/%3 ./4 !00%!2 ). #/524 )F A CLAIMANT FAILS TO APPEAR IN COURT FOR WHATEVER REASON THE #OMMISSIONER WRITES ON THE FILE REMOVED FROM ROLL 4HIS MEANS THE CLAIMANT HAS TO START HIS CASE ALL OVER AGAIN BY ISSUING A FRESH SUMMONS AND PAYING THE SHERIFFgS FEE A SECOND TIME
34%03 &/,,/7).' *5$'-%.4 4HE JUDGMENT OF THE COURT IS FINAL UNLESS THERE ARE GROUNDS FOR REVIEW 7HOEVER HAS JUDGEMENT GIVEN AGAINST THEM MUST DO WHAT THE COURT SAYS
4!+).' ! *5$'-%.4 /. 2%6)%7 4HE #OMMISSIONERgS DECISION OR JUDGMENT CANNOT BE TAKEN ON APPEAL (OWEVER THE #OMMISSIONERgS JUDGMENT CAN BE TAKEN ON REVIEW IN THE (IGH #OURT ON THREE GROUNDS 3EE PAGE 7HAT IS A REVIEW s )F THE COURT DID NOT HAVE JURISDICTION )N OTHER WORDS THE CASE SHOULD NOT HAVE BEEN HEARD IN THAT COURT s )F THE #OMMISSIONER WAS BIASED OR CORRUPT s )F THE PROPER PROCEDURE WAS NOT FOLLOWED IN THE #OURT 4HIS IS ALSO CALLED A GROSS IRREGULARITY &OR EXAMPLE IF THE #OMMISSIONER DID NOT ALLOW ONE OF THE SIDES TO TELL THEIR STORY THIS IS NOT PROPER PROCEDURE BECAUSE EACH SIDE MUST GET A FAIR HEARING
%.&/2#).' ! 3-!,, #,!)-3 #/524 *5$'-%.4 )F THE DEFENDANT FAILS TO PAY THE CLAIM IN TERMS OF THE COURT ORDER YOU WILL HAVE TO TRANSFER YOUR CLAIM TO THE ORDINARY CIVIL COURTS 9OU CAN GET A DOCUMENT CALLED A 7RIT OF %XECUTION AGAINST -OVEABLE 0ROPERTY AT A STATIONARY SHOP 4HE CLERK OF THE 3MALL #LAIMS #OURT !DMINISTRATION MAY HELP YOU TO COMPLETE THE DOCUMENT 9OU MUST THEN TAKE THIS DOCUMENT TO THE 3HERIFF AS YOU DID WITH THE SUMMONS 4HE 7RIT GIVES THE SHERIFF THE RIGHT TO SEIZE ANY ATTACHABLE PROPERTY BELONGING TO THE DEFENDANT 4HE SHERIFF WILL CHARGE A FEE FOR DOING THIS .OTE )T IS EXPENSIVE TO TRY AND ENFORCE THE SMALL CLAIMS JUDGMENT IN THE ORDINARY CIVIL COURTS ESPECIALLY IF THE DEFENDANT HAS DISAPPEARED OR DOES NOT OWN ANY PROPERTY THAT CAN BE ATTACHED 9OU NEED TO DECIDE WHETHER IT IS WORTH YOUR TIME MONEY AND EFFORT TO CONTINUE TRYING TO ENFORCE THE JUDGEMENT IN THE CIVIL COURTS
%15!,)49 #/5243 !NYONE CAN TAKE A CASE TO THE %QUALITY #OURT IF THEY FEEL THEY HAVE BEEN DISCRIMINATED AGAINST ON ANY OF THE GROUNDS FOR NON DISCRIMINATION LISTED IN THE #ONSTITUTION 3EE PAGE %QUALITY COURTS 7HEN YOU LODGE A CASE WITH THE %QUALITY #OURT IT IS UP TO THE OTHER PARTY THE PERSON WHO HAS BEEN ACCUSED OF DISCRIMINATION TO PROVE TO THE #OURT THAT THEY DID NOT UNFAIRLY DISCRIMINATE AGAINST YOU
2%&%22).' ! #!3% 4/ 4(% %15!,)49 #/524 )F YOU HAVE ANY QUESTIONS ON WHETHER YOU SHOULD LODGE A CASE HOW A CASE IS PROGRESSING OR WHAT YOU WOULD LIKE TO ASK THE #OURT TO DO YOU CAN ASK THE %QUALITY CLERK AT THE #OURT )T DOES NOT COST ANYTHING TO BRING A CASE TO THE %QUALITY COURT UNLESS YOU FAIL TO ATTEND A COURT DATE WITHOUT GOOD REASON THEN THE COURT MIGHT MAKE YOU PAY THE COSTS OF THE SIDE THAT DID ATTEND 4HE %QUALITY #LERK OR THE 3OUTH !FRICAN (UMAN 2IGHTS #OMMISSION CAN ADVISE YOU ON GETTING LEGAL ASSISTANCE 4HE !CT SAYS THAT THE #OURT STAFF MUST HELP PEOPLE FIND LEGAL ASSISTANCE IF THEY ASK FOR IT (OWEVER LEGAL ASSISTANCE DOES NOT NECESSARILY REFER TO A QUALIFIED ATTORNEY ,EGAL ASSISTANCE CAN BE GIVEN BY A MEMBER OF STAFF FROM A .ON PROFIT ORGANISATION .0/ SOMEONE FROM AN !DVICE /FFICE A PARALEGAL OR SENIOR LAW STUDENT OR ANYONE WHO UNDERSTANDS THE SUBJECT AND HOW THE COURT WILL OPERATE )F A COMPLAINT INVOLVES SPECIAL KNOWLEDGE OF A PARTICULAR CULTURAL COMMUNITY THE PRESIDING OFFICER CAN APPOINT UP TO TWO RECOGNISED EXPERTS IN THIS AREA CALLED ASSESSORS TO HELP THE #OURT UNDERSTAND THE CASE MORE CLEARLY )F YOU DO NOT SPEAK THE MAIN LANGUAGE USED BY THE %QUALITY #OURT YOU HAVE THE RIGHT TO BE HELPED BY AN INTERPRETER
34%03 4/ 4!+% ). 2%&%22).' ! #!3% 4/ 4(% %15!,)49 #/524
#ONTACT YOUR LOCAL -AGISTRATESg #OURT AND ASK IF THEY ARE AN %QUALITY #OURT )F THEY ARE NOT ASK WHERE THE CLOSEST %QUALITY #OURT IS
'O TO THE %QUALITY #OURT AND LODGE YOUR #OMPLAINT WITH THE %QUALITY #LERK 4HE #LERK WILL HELP YOU TO COMPLETE THE RELEVANT FORM
4HE %QUALITY #LERK MUST WITHIN DAYS NOTIFY THE OTHER PARTY CALLED THE RESPONDENT THAT YOU HAVE LODGED A COMPLAINT 4HE RESPONDENT WILL BE GIVEN A FORM BY THE #LERK IF THEY DENY THE ALLEGATION AND WANT TO GIVE THEIR SIDE TO THE INCIDENT 4HEY MUST RETURN THE FORM TO THE %QUALITY #LERK WITHIN DAYS OF RECEIVING IT 4HE %QUALITY #LERK MUST ALSO PASS DETAILS OF THE COMPLAINT TO THE 0RESIDING /FFICER WITHIN DAYS OF YOU LODGING IT
4HE 0RESIDING /FFICER MUST DECIDE WITHIN DAYS IF THE CASE SHOULD BE HEARD BY THE %QUALITY #OURT OR WHETHER ANOTHER FORUM FOR EXAMPLE THE ##-! WOULD BE MORE APPROPRIATE TO DEAL WITH IT )F THE 0RESIDING /FFICER THINKS ANOTHER FORUM WOULD BE MORE APPROPRIATE SHE OR HE WILL COMPLETE A REFERRAL FORM AND SEND THIS TO THE %QUALITY #LERK 4HE %QUALITY #LERK WILL NOTIFY THE ALTERNATIVE FORUM )T IS THEN UP TO THE ALTERNATIVE FORUM TO CONTACT THE PARTIES
)F THE 0RESIDING /FFICER AGREES THIS IS A CASE FOR THE %QUALITY #OURT THEN THE %QUALITY #LERK MUST SET THE FIRST COURT DATE WHICH IS CALLED A $IRECTIONS (EARING !T THIS (EARING THE 0RESIDING /FFICER WILL SORT OUT ISSUES SUCH AS WHEN CAN THE PARTIES COME TO TRIAL DOES ANYONE NEED AN INTERPRETER OR SHOULD ASSESSORS BE USED
4HE %QUALITY #LERK MUST THEN LEGALLY SERVE NOTICE OF THE HEARING ON THE PARTIES )F EITHER OF THE PARTIES CANNOT AFFORD TO PAY FOR THE NOTICE TO BE SERVED THE %QUALITY #LERK CAN DECIDE THAT THE 3TATE MUST PAY FOR THIS
4HE PARTIES MUST THEN APPEAR IN THE %QUALITY #OURT ON THE DATE SET BY THE #OURT
7(!4 /2$%2 #!. 4(% %15!,)49 #/524 -!+% )T IS THE DUTY OF THE %QUALITY #OURT TO DECIDE WHETHER UNFAIR DISCRIMINATION HATE SPEECH OR HARASSMENT AS THE CASE MAY BE HAS TAKEN PLACE AS ALLEGED IN THE COMPLAINT !FTER HOLDING THE ENQUIRY THE COURT WILL DECIDE WHAT ORDER TO MAKE 4HE ORDER COULD BE s A SETTLEMENT BETWEEN THE PARTIES s PAYMENT OF DAMAGES s REQUIRING THE UNFAIR DISCRIMINATORY PRACTICES TO STOP OR THAT SPECIFIC STEPS MUST BE TAKEN TO STOP THE UNFAIR DISCRIMINATION HATE SPEECH OR HARASSMENT s MAKING AVAILABLE SPECIFIC OPPORTUNITIES ANDOR PRIVILEGES THAT HAVE BEEN UNFAIRLY DENIED TO THE COMPLAINANT s IMPLEMENTING SPECIAL MEASURES TO ADDRESS THE UNFAIR DISCRIMINATION HATE SPEECH OR HARASSMENT s DIRECTING THE RESPONDENT TO ACCOMMODATE THE NEEDS OF A GROUP OR CLASS OF PEOPLE s AN UNCONDITIONAL APOLOGY s MAKING THE RESPONDENT GO THROUGH AN AUDIT OF SPECIFIC POLICIES OR PRACTICES THAT THE COURT DECIDES s DIRECTING THE CLERK OF THE %QUALITY #OURT TO SUBMIT THE MATTER TO THE $IRECTOR OF 0UBLIC 0ROSECUTIONS FOR THE POSSIBLE INSTITUTION OF CRIMINAL PROCEEDINGS
2)'(4 /& !00%!, !.$ 2%6)%7 ). 4(% %15!,)49 #/524 !NY PERSON WHO IS DISSATISFIED BY AN ORDER MADE BY THE %QUALITY #OURT MAY APPEAL AGAINST THE ORDER TO EITHER THE (IGH #OURT OR THE 3UPREME #OURT OF !PPEAL !N APPEAL CAN ALSO BE MADE DIRECTLY TO THE #ONSTITUTIONAL #OURT )F A PRESIDING OFFICER IN A -AGISTRATES #OURT RULES ON A GROUND OF DISCRIMINATION NOT LISTED BY THE !CT THE DECISION MUST BE SUBMITTED TO THE RELEVANT (IGH #OURT FOR REVIEW ONCE THE PROCEEDINGS HAVE BEEN FINALIZED
).4%2$)#43 7(!4 )3 !. ).4%2$)#4 !N INTERDICT IS THE NAME FOR A SPECIAL KIND OF COURT ORDER WHICH TELLS SOMEONE TO DO SOMETHING OR NOT TO DO SOMETHING &OR EXAMPLE YOU CAN ASK THE COURT TO MAKE A COURT ORDER TO STOP A LANDLORD IF HE TRIES TO EVICT TENANTS IN AN ILLEGAL WAY 9OU CAN APPLY FOR AN INTERDICT IN THE (IGH #OURT AND IN THE -AGISTRATEgS #OURT
7(/ #!. "2).' !. ).4%2$)#4 9OU CAN BRING AN INTERDICT IN WAYS s AS AN INDIVIDUAL REPRESENTING YOURSELF OR YOUR FAMILY s AS AN ORGANISATION OR CHURCH REPRESENTING THE MEMBERS OF YOUR ORGANISATION s AS A COMMUNITY LEADER ORGANISATION OR RELIGIOUS BODY REPRESENTING A COMMUNITY !S AN INDIVIDUAL YOU WILL HAVE TO ASK A ATTORNEY TO HELP YOU GET AN INTERDICT 34%03 ). '%44).' !. ).4%2$)#4
$2!7 50 4HE PERSON OR PEOPLE WHO WANTS TO GET AN INTERDICT MUST DRAW UP STATEMENTS 34!4%-%.43 OF WHAT HAS HAPPENED AND WHY THEY WANT THE INTERDICT 3EE PAGE 4AKING A STATEMENT !002/!#( ! !44/2.%9
#ONTACT A ATTORNEY AND HAND OVER THE STATEMENTS 4HE ATTORNEY WILL MEET THE PERSON WHO WANTS TO GET THE INTERDICT AS WELL AS ANY WITNESSES 4HE ATTORNEY WILL CHECK ON THE INFORMATION AND MAY WANT TO TAKE FURTHER STATEMENTS
-!+% 4HE ATTORNEY WILL DRAFT AFFIDAVITS FOR PEOPLE TO SIGN !&&)$!6)43 3EE PAGE !FFIDAVITS '%44).' !. 4HE ATTORNEY APPROACHES THE (IGH #OURT TO ASK FOR A TEMPORARY INTERDICT ).4%2)- ! TEMPORARY INTERDICT IS ALSO CALLED AN INTERIM INTERDICT )F YOU GET AN INTERIM ).4%2)#4 INTERDICT THIS MEANS THAT THE COURT GIVES YOU THE INTERDICT BUT ONLY FOR A SHORT TIME )N OTHER WORDS THE COURT SAYS THAT YOU ARE PROTECTED BUT ONLY UNTIL A CERTAIN DATE )N THE MEANTIME THE OTHER SIDE GETS A CHANCE TO ANSWER YOUR AFFIDAVITS AND DEFEND THEMSELVES 4HE INTERIM INTERDICT LASTS UNTIL THE CASE COMES BACK TO THE COURT AT THE SET DATE '%4 ! &).!, )F THE OTHER SIDE DECIDES TO FIGHT THE CASE A DATE WILL BE SET FOR THE (IGH #OURT ).4%2$)#4 TO DECIDE WHETHER YOU SHOULD GET A PERMANENT OR FINAL INTERDICT
02/",%-3 7)4( ).4%2$)#43 342)#4 ,%'!, 25,%3 &/2 "2).').' !. ).4%2$)#4 4HERE ARE VERY STRICT RULES FOR BRINGING AN INTERDICT WHICH STATE THAT YOU MUST s SHOW THE COURT THAT THE CASE IS 6%29 52'%.4 9OU MUST SHOW THAT THERE IS A VERY
REAL THREAT IF YOU DONgT GET THE INTERDICT 3EE PAGE 0ROBLEM (OW URGENT IS THE NEED FOR AN INTERDICT s HAVE 6%29 '//$ %6)$%.#% OF THE THREAT )N OTHER WORDS YOU MUST HAVE MANY STATEMENTS SUPPORTING YOUR CLAIM WITNESSES MEDICAL CERTIFICATES PHOTOGRAPHS AND SO ON s SHOW THAT ./ /4(%2 ,%'!, !#4)/. 7/5,$ 02/4%#4 YOU ENOUGH &OR EXAMPLE YOU MUST SHOW THAT USING THE ORDINARY CRIMINAL COURTS WILL NOT HELP BECAUSE THEY ARE TOO SLOW OR THAT THEY HAVE NOT HELPED PROTECT YOU IN THE PAST
)'./2).' 4(% ).4%2$)#4 3OMETIMES YOU GET AN INTERDICT BUT THE OTHER PARTY JUST IGNORES IT 4HEN YOU CAN TAKE FURTHER LEGAL ACTION AGAINST THE OTHER SIDE 9OU CAN GET YOUR ATTORNEY TO GO BACK TO COURT AND ASK THE COURT TO LOCK UP THE OTHER PARTY FOR REFUSING TO OBEY THE INTERDICT 4HE OTHER PARTY IS IN CONTEMPT OF COURT
,)-)4%$ %&&%#4 /& ).4%2$)#43 )NTERDICTS ARE NOT NECESSARILY A LASTING SOLUTION TO A PROBLEM &OR EXAMPLE A FARMWORKER GETS AN INTERDICT TO PREVENT A FARMER FROM UNLAWFULLY EVICTING HIM "UT THE FARMER CAN THEN JUST GET A COURT ORDER ALLOWING HIM OR HER TO EVICT THE FARMWORKER LAWFULLY "UT INTERDICTS CAN BE USEFUL BY PUBLICLY EXPOSING UNLAWFUL ACTIONS BY PEOPLE )NTERDICTS ALSO GIVE YOU SOME TIME IN WHICH TO DECIDE WHAT YOU ARE GOING TO DO )N THIS TIME YOU MIGHT BE ABLE TO NEGOTIATE WITH THE OTHER SIDE ABOUT A SETTLEMENT THAT WILL SUIT BOTH SIDES
#/34 /& '%44).' !. ).4%2$)#4 )NTERDICTS COST A LOT OF MONEY TO BRING TO COURT )F YOU LOSE THE CASE YOU MIGHT HAVE TO PAY FOR THE OTHER SIDEgS COSTS
30%#)!, +).$3 /& ).4%2$)#43 ! 0ROTECTION /RDER IS A SPECIAL KIND OF INTERDICT THAT YOU CAN GET UNDER THE $OMESTIC 6IOLENCE !CT TO STOP ANY PERSON ABUSING YOU IN THE HOME ! 0ROTECTION /RDER IS AN ORDER FROM THE COURT TELLING AN ABUSER TO STOP ABUSING SOMEONE 3EE PAGE 0ROBLEM 'ETTING A 0ROTECTION /RDER
30/,)!4)/. /2$%23 7(!4 )3 ! 30/,)!4)/. /2$%2 ! PERSON WHO OWNS OR IS USING SOMETHING WHICH IS THEN TAKEN AWAY FROM THEM CAN GO TO COURT TO GET THE ITEM RETURNED QUICKLY 4HEY CAN ASK THE COURT FOR A SPOLIATION ORDER ALSO CALLED A gMANDAMENT VAN SPOLIEg 3O IT IS ORDER FROM THE COURT THAT AN ITEM OF PROPERTY BE RETURNED TO ITS OWNER IMMEDIATELY )T IS A USEFUL REMEDY BECAUSE IT CAN PROVIDE SOMEONE IN AN URGENT SITUATION WITH IMMEDIATE RELIEF (OWEVER APPLYING TO THE MAGISTRATES COURT FOR A SPOLIATION ORDER CAN BE QUITE A COMPLICATED PROCESS )T WILL BE NECESSARY TO GET A ATTORNEY TO HELP YOU DO THIS
7(/ #!. !00,9 &/2 ! 30/,)!4)/. /2$%2 !NYONE WHO WAS IN POSSESSION OF SOMETHING THAT WAS TAKEN FROM THEM WITHOUT THEIR PERMISSION CAN APPLY FOR THE ORDER
7(!4 -534 9/5 3(/7 4(% -!')342!4% 4/ '%4 ! 30/,)!4)/. /2$%2 s 9OU MUST SHOW THE MAGISTRATE THAT WHAT WAS TAKEN AWAY IS IN THE AREA OF THE MAGISTRATEgS COURT WHERE YOU ARE APPLYING FOR THE ORDER &OR EXAMPLE IF SOMEONE TAKES YOUR OXEN FROM YOUR HOME IN 1UEENSTOWN AND GOES TO 0EDDIE WITH THEM YOU MUST GO TO THE MAGISTRATE IN 0EDDIE AND ASK FOR THEM BACK
s 9OU MUST SHOW THE MAGISTRATE THAT YOU WERE THE POSSESSOR THE PERSON USING WHAT WAS TAKEN s 9OU MUST SHOW THE MAGISTRATE THAT YOU WERE USING THE THING PEACEFULLY AND UNDISTURBED &OR EXAMPLE THE OXEN WERE GRAZING ON YOUR OWN LAND AND WERE NOT CAUSING ANY HARM OR DAMAGE TO ANYONE ELSE OR THEIR PROPERTY s 9OU MUST TELL THE MAGISTRATE THE NAME AND ADDRESS OF THE PERSON OR PEOPLE WHO DISTURBED YOUR POSSESSION s 9OU MUST SHOW THE MAGISTRATE THAT YOUR POSSESSION WAS TAKEN AWAY FROM YOU WITH FORCE OR WITHOUT YOUR CONSENT s 9OU MUST SHOW THE MAGISTRATE THAT IT IS POSSIBLE FOR THE OTHER PERSON TO REPLACE YOUR POSSESSION IT DOES NOT HAVE TO BE THE ORIGINAL ITEM s 9OU MUST SHOW THAT YOU TOOK STEPS TO RESTORE YOUR POSSESSIONS AS SOON AS POSSIBLE 4HE MAGISTRATE WILL WANT TO KNOW WHAT YOU DID SINCE YOUR POSSESSION WAS DISTURBED %8!-0,%3
3)45!4)/.3 7(%2% ! 30/,)!4)/. /2$%2 #!. "% '2!.4%$
-9 ")#9#,% 7!3 34/,%. 4WO WEEKS LATER ) SEE SOMEONE USING A BICYCLE WHICH ) THINK IS MINE ) ASK HIM TO RETURN IT BUT HE REFUSES SAYING THAT THE BICYCLE IS HIS ) CAN GO TO THE POLICE AND MAKE A COMPLAINT OF THEFT ) CAN ALSO GO TO COURT AND ASK FOR A SPOLIATION ORDER TO GET MY BICYCLE BACK "UT ) CANNOT JUST GO AND TAKE IT BACK AS THIS WOULD BE TAKING THE LAW INTO MY OWN HANDS 4HE COURTS MUST DECIDE WHO THE REAL OWNER OF THE BICYCLE IS ) 2%.4 ! (/53% 4HE OWNER FORCES ME OUT AND CHANGES THE LOCK ON THE DOOR SO ) CANNOT GO BACK IN ) GO TO COURT THAT SAME DAY AND ASK FOR A SPOLIATION ORDER )F ) AM SUCCESSFUL THE MAGISTRATE WILL ORDER THAT ) BE ALLOWED BACK INTO THE HOUSE IMMEDIATELY )F THE OWNER WISHES TO GET ME OUT HE MUST MAKE A PROPER CASE IN THE COURT AND HE MUST GET A COURT ORDER
5SING AN ATTORNEY )F YOU HAVE TO APPEAR IN COURT IT IS IMPORTANT THAT YOU GET LEGAL ADVICE FROM A QUALIFIED PERSON BECAUSE COURT PROCEDURES CAN BE VERY COMPLICATED 9OU CAN GET THIS FROM A QUALIFIED PARALEGAL ATTORNEY OR ADVOCATE 4HE CURRENT LEGAL PROFESSION IS DIVIDED INTO TWO BRANCHES ADVOCATES AND ATTORNEYS 4HE ATTORNEY IS THE PERSON WHO YOU FIRST CONTACT WHEN YOU ARE LOOKING FOR LEGAL ADVICE OR IF YOU HAVE A LEGAL PROBLEM UNLESS YOU HAVE ACCESS TO AN ADVICE CENTRE AND PARALEGALS !TTORNEYS SHOULD PROVIDE A BROAD RANGE OF SERVICES TO COVER A VARIETY OF LEGAL PROBLEMS !TTORNEYS REFER CLIENTS TO ADVOCATES WHO ARE EXPERTS IN VARIOUS AREAS OF THE LAW ESPECIALLY THE PRESENTATION OF CASES IN COURT !DVOCATES ALSO GIVE LEGAL OPINIONS AND HELP WITH THE DRAFTING OF LEGAL DOCUMENTS )N TERMS OF THE 2IGHT OF !PPEARANCE IN #OURTS !CT .O OF ADVOCATES CAN APPEAR IN ANY COURT WHILE ATTORNEYS CAN APPEAR IN ALL OF THE COUNTRYgS LOWER COURTS AND CAN ALSO APPLY TO APPEAR IN THE SUPERIOR COURTS 4HE $EPARTMENT OF *USTICE AND VARIOUS STAKEHOLDERS ARE WORKING TOGETHER TO FINALISE THE ,EGAL 0RACTICE "ILL 4HIS AIMS TO CREATE ONE REGULATING !CT FOR THE LEGAL PROFESSION AND WILL INCORPORATE THE PARA LEGAL SECTOR
2%30/.3)"),)4)%3 /& !44/2.%93 &ROM THE TIME THAT THE ATTORNEY STARTS ON YOUR CASE HE OR SHE IS WORKING FOR YOU 4HE ATTORNEY IS THERE TO ADVISE YOU ABOUT YOUR PROBLEM 4HE ATTORNEY ALSO REPRESENTS YOU IN ANY MEETING WITH A CLIENT AND IN COURT HEARINGS 4HIS MEANS THAT
2%0/24).' !44/2.%93 )F YOU HAVE COMPLAINTS ABOUT YOUR ATTORNEY TALK TO HIM OR HER ABOUT YOUR CONCERNS FIRST 4HEN IF YOU ARE STILL NOT SATISFIED COMPLAIN TO THE ,AW 3OCIETY %ACH PROVINCE HAS A ,AW 3OCIETY WHICH IS RESPONSIBLE FOR CONTROLLING THE CONDUCT AND PERFORMANCE OF ATTORNEYS
7(%. $/ 9/5 .%%$ !. !44/2.%9 -ANY PEOPLE ONLY SEE AN ATTORNEY AFTER THEY GET INTO TROUBLE "UT THE BEST TIME TO SEE THE ATTORNEY IS BEFORE THE TROUBLE STARTS "Y GETTING SOUND LEGAL ADVICE BEFORE YOU DO SOMETHING YOU CAN PREVENT A LEGAL PROBLEM HAPPENING &OR EXAMPLE AN ATTORNEY CAN HELP YOU BEFORE YOU START A BUSINESS MAKE A WILL OR SIGN A CONTRACT
(/7 4/ &).$ !. !44/2.%9 4HE -AGISTRATEgS #OURTS USUALLY HAVE A LIST OF ATTORNEYS "UT THESE LISTS DO NOT SAY WHICH ATTORNEY WILL BE THE RIGHT ONE FOR YOUR PROBLEM 3OME BIG CITIES HAVE ORGANISATIONS LIKE THE ,EGAL 2ESOURCES #ENTRE OR ,EGAL !ID #LINICS AT THE 5NIVERSITIES THAT YOU CAN TURN TO FOR LEGAL ADVICE AND SUPPORT 4HEY CAN ALSO HELP YOU TO FIND AN ATTORNEY WHO WILL BE SYMPATHETIC TOWARDS YOUR PROBLEM )N THE RURAL AREAS IT IS BEST TO APPROACH YOUR LOCAL CIVIC ASSOCIATION ADVICE OFFICE RELIGIOUS ORGANISATION OR TRADE UNION "EFORE TAKING A CASE AN ATTORNEY USUALLY ASKS FOR MONEY AS A DEPOSIT TOWARDS FEES 9OU SHOULD DISCUSS HOW MUCH THE WHOLE CASE IS GOING TO COST THE FIRST TIME YOU SEE THE ATTORNEY
(/7 4/ 0!9 &/2 !. !44/2.%9 'OING TO COURT AND PAYING FOR AN ATTORNEY CAN BE VERY EXPENSIVE BUT IF YOU CANNOT AFFORD THIS THERE ARE WAYS TO GET A ATTORNEYgS SERVICES FOR FREE OR FOR VERY LITTLE MONEY ,EGAL !ID IS ONE OF THE MOST IMPORTANT OF THESE SERVICES BUT OTHERS INCLUDE 5NIVERSITY ,EGAL !ID #LINICS ,EGAL !ID #ENTRES /FFICE OF THE 0UBLIC $EFENDER *USTICE #ENTRES AND ADVICE CENTRES
!00,9).' &/2 ,%'!, !)$ )F YOU CANNOT AFFORD TO PAY FOR AN ATTORNEY YOU CAN GET LEGAL AID FINANCIAL HELP FOR ATTORNEYS FEES BY APPLYING TO THE ,EGAL !ID "OARD 9OU WILL HAVE TO PASS A MEANS INCOME TEST TO GET ,EGAL !ID WHICH MEANS YOU HAVE TO SHOW THAT YOU EARN LESS THAN AN AMOUNT FIXED BY THE ,EGAL !ID "OARD )F YOU QUALIFY FOR ,EGAL !ID THEN THE ,EGAL !ID "OARD WILL PAY MOST OF YOUR ATTORNEYgS FEES 9OU CANNOT GET ,EGAL !ID FOR THE FOLLOWING KINDS OF PROBLEMS s TRAFFIC OFFENCES SUCH AS DRIVING SPEEDING OR PARKING OFFENCES AND DRUNKEN DRIVING s CRIMINAL CASES IF YOU ARE GOING TO PLEAD gGUILTYg s WHERE YOU ARE ON YOUR THIRD OR MORE CRIMINAL CHARGE FOR THE SAME KIND OF OFFENCE s COMMERCIAL CRIME CHARGES SUCH AS FRAUD s DEFAMATION OR INSULTS TO YOUR CHARACTER s WHERE YOU ARE SUING FOR MONEY DAMAGES FOR RELATIONSHIP RELATED CLAIMS SUCH AS DEFAMATION BREACH OF PROMISE TO MARRY INFRINGEMENT OF DIGNITY OR PRIVACY SEDUCTION ADULTERY s CASES TO PROVE A PERSON IS THE FATHER OF ANOTHER PERSONgS CHILD s CHILD MAINTENANCE CASES WHICH CAN BE DECIDED BY A MAINTENANCE OFFICE
s SHOPLIFTING s THEFT s DRUG DEALING CRIMES s DOMESTIC VIOLENCE s IF YOU ARE SUING THE ,EGAL !ID "OARD ITSELF 9OU CAN GET LEGAL AID FOR DIVORCE CASES BUT NOT IF s THERE IS A REASONABLE POSSIBILITY THAT YOU MIGHT GET TOGETHER WITH YOUR SPOUSE AGAIN s THE $IRECTOR OF THE "OARD BELIEVES THAT THE PARTIES HAVENT TRIED HARD ENOUGH TO COME TO AN AGREEMENT s YOU USED LEGAL AID BEFORE TO SUE FOR DIVORCE BUT THEN DECIDED NOT TO GO AHEAD WITH THE DIVORCE s THERE ARE NO CHILDREN INVOLVED IN THE DIVORCE 9OU CAN GET LEGAL AID FOR A LABOUR MATTER s IF YOU ARE CLAIMING UNFAIR DISMISSAL YOU HAVE BEEN UNFAIRLY DISMISSED AS LONG AS YOUR CLAIM IS MADE WITHIN THE TIME LIMITS SET BY THE ,ABOUR 2ELATIONS !CT s TO DEMAND A MERIT REPORT BUT LEGAL AID WILL BE REFUSED IF THERE ARE GOOD REASONS TO BELIEVE YOU ARE NOT TAKING UP A JOB ON PURPOSE OR THAT YOU RESIGNED FROM A JOB IN ORDER TO BE GRANTED LEGAL AID 9OU CAN ALSO GET LEGAL AID FOR APPEALS ON ALL THESE TYPES OF CASES LISTED WHETHER CRIMINAL OR CIVIL CASES WHERE YOU SUING OR BEING SUED &OR APPEALS THE $IRECTOR MUST ALSO BELIEVE THAT YOU HAVE A REASONABLE CHANCE OF SUCCESS
-%!.3 4%34 )N ORDER TO GET ,EGAL !ID YOU MUST PASS THE -%!.3 4%34 4HE @MEANS TEST MEANS YOU HAVE TO SHOW THAT YOU EARN LESS THAN AN AMOUNT FIXED BY THE ,EGAL !ID "OARD 4HIS AMOUNT VARIES IF YOU ARE SINGLE OR MARRIED AND ALSO CHANGES WITH TIME 9OU ALSO HAVE TO SHOW THAT YOU DONT HAVE ANY OTHER @LIQUID ASSETS SUCH AS MONEY IN A SAVINGS ACCOUNT WHICH COULD BE USED TO PAY FOR YOUR LEGAL FEES )F YOU EARN MORE THAN THE MEANS TEST THEN YOU WILL NOT QUALIFY FOR ,EGAL !ID FOR YOUR CASE 9OUR ATTORNEY OR THE ,EGAL !ID OFFICER WILL ASK YOU QUESTIONS ABOUT YOUR WAGES &OR PURPOSES OF THE MEANS TEST YOUR SALARY MEANS THE MONEY THAT IS LEFT OVER AFTER THE FOLLOWING DEDUCTIONS ARE MADE s PENSION s MEDICAL AID s INCOME TAX s RENT FOR ACCOMMODATION s BOND REPAYMENTS )F A PERSON IS APPLYING FOR ,EGAL !ID FOR A DIVORCE CASE THEN THE PERSON IS TREATED AS A SINGLE PERSON FOR PURPOSES OF THE MEANS TEST -EANS TEST AMOUNTS s SINGLE PERSONS WHO EARN LESS THEN 2 PER MONTH CAN GET ,EGAL !ID s MARRIED PERSONS WHO EARN LESS THAN 2 PER MONTH CAN GET ,EGAL !ID 4HESE AMOUNTS ARE INCREASED EVERY FEW YEARS TO KEEP UP WITH THE COST OF LIVING
34%03 4/ 4!+% 4/ '%4 ,%'!, !)$ 'O TO A ,EGAL !ID "OARD "RANCH /FFICE OR IF THERE IS NOT ONE IN YOUR AREA TO THE NEAREST MAGISTRATESg COURT TO ENQUIRE ABOUT LEGAL AID !LL MAGISTRATESg COURTS HAVE A
LEGAL AID OFFICER WHO WILL HELP YOU WITH YOUR LEGAL AID ENQUIRIES 4HE LEGAL AID OFFICER WILL CHECK THAT YOU SATISFY THE MEANS TEST AND WHETHER YOUR MATTER FALLS WITHIN THE SCOPE OF THE GUIDELINES SET OUT BY THE ,EGAL !ID "OARD )F YOU QUALIFY THEN YOU WILL BE SENT TO AN ATTORNEY WHO WILL RECEIVE WHAT IS CALLED A gLEGAL AID INSTRUCTIONg FOR YOUR CASE 4HAT ATTORNEY WILL THEN DEAL WITH YOUR CASE !TTORNEYS DO HAVE A RIGHT TO REFUSE A LEGAL AID INSTRUCTION BUT THEY NORMALLY DO NOT REFUSE )F THEY DO REFUSE A LEGAL AID INSTRUCTION CAN BE MADE OUT TO ANOTHER ATTORNEY
/&&)#% /& 4(% 05",)# $%&%.$%2 3INCE THE ,EGAL !ID "OARD HAS OPERATED THE /FFICE OF THE 0UBLIC $EFENDER IN *OHANNESBURG 4HE ,EGAL !ID "OARD EMPLOYS ATTORNEYS IN THE /FFICE OF THE 0UBLIC $EFENDER TO DEFEND PEOPLE IN CRIMINAL CASES 4HE /FFICE OF THE 0UBLIC $EFENDER IN *OHANNESBURG WAS RUN AS A PILOT PROJECT TO SEE HOW THE SYSTEM WORKED
,%'!, !)$ #,).)#3 4HE ,EGAL !ID "OARD ALSO OPERATES A NUMBER OF ,EGAL !ID #LINICS WHICH EMPLOY ATTORNEYS TO PROVIDE LEGAL SERVICES TO PEOPLE 3OME OF THESE #LINICS ARE ESTABLISHED IN PARTNERSHIP WITH UNIVERSITIES AND OTHERS WERE RUN BY THE ,EGAL !ID "OARD
*534)#% #%.42%3 )N THE ,EGAL !ID "OARD SAW THE NEED TO ESTABLISH *USTICE #ENTRES TO DEAL WITH THE NUMBERS OF PEOPLE REQUIRING LEGAL ASSISTANCE *USTICE #ENTRES ARE LIKE ,EGAL !ID #LINICS BUT MUCH BIGGER &ULL TIME STAFF AND ATTORNEYS WHO WORK THERE PROVIDE A NUMBER OF DIFFERENT SERVICES 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF *USTICE #ENTRES
7(/ #!. 53% *534)#% #%.42%3 ! PERSON CAN ONLY USE THE SERVICES OF A ATTORNEY IN A *USTICE #ENTRE IF THEY QUALIFY UNDER THE MEANS TEST FOR LEGAL AID 3EE PAGE -EANS TEST 4HE PRIORITY OF *USTICE #ENTRES IS TO ASSIST VULNERABLE GROUPS SUCH AS WOMEN CHILDREN AND PEOPLE WHO ARE LANDLESS
7(!4 3%26)#%3 $/ *534)#% #%.42%3 02/6)$% *USTICE #ENTRES PROVIDE SERVICES SUCH AS 2EFERRALS 4HE *USTICE #ENTRES KEEP A DETAILED DATABASE OF RELEVANT SERVICES AND AGENCIES FOR HELPING PEOPLE WHO NEED SOCIAL ECONOMIC WELFARE OR PSYCHOLOGICAL ASSISTANCE 4HE #ENTRES REFER PEOPLE TO AN APPROPRIATE AGENCY WITH A REFERRAL LETTER !DVICE 4HE #ENTRES HELP PEOPLE WHO NEED BASIC LEGAL ADVICE SUCH AS WHERE AND HOW TO APPLY FOR A BIRTH CERTIFICATE INTERPRETING A CONTRACT AND SO ON ,EGAL REPRESENTATION 4HE #ENTRES PROVIDE LEGAL REPRESENTATION TO PEOPLE FOR CASES INCLUDING CRIMINAL CIVIL FAMILY LAW AND LABOUR CASES 4HE LEGAL REPRESENTATION FOCUSES ON USING PROCESSES SUCH AS ARBITRATION MEDIATION AND NEGOTIATION NOT ONLY LITIGATION FORMAL LEGAL PROCEDURES
5.)6%23)49 ,%'!, !)$ #,).)#3 -ANY UNIVERSITIES IN 3OUTH !FRICA HAVE LAW CLINICS 4HE CLINICS USUALLY HELP PEOPLE WHO FALL WITHIN THE INCOME LIMITS SET BY THE ,EGAL !ID "OARD "UT THEY DO NOT EXCLUDE PEOPLE FOR THE OTHER REASONS SET OUT BY THE ,EGAL !ID "OARD 3O FOR EXAMPLE THEY WILL TAKE ON CASES LIKE TRAFFIC OFFENCES AND MAINTENANCE CLAIMS 3ENIOR LAW STUDENTS DEAL WITH THE CASES THAT COME THROUGH THE LEGAL AID CLINICS ,IKE PARALEGALS THESE STUDENTS CANNOT DO COURT WORK BUT THEY CAN GIVE ADVICE WRITE
LETTERS AND NEGOTIATE SETTLEMENTS FOR PEOPLE WHO CANNOT AFFORD TO GET AN ATTORNEY 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF UNIVERSITY LEGAL AID CLINICS
!$6)#% /&&)#%3 !DVICE OFFICES ARE FOUND IN MANY OF THE MAJOR CITIES AND RURAL TOWNS !DVICE OFFICE EMPLOYEES ARE NOT ATTORNEYS BUT THEY DO GET PARALEGAL TRAINING 0ARALEGALS CAN GIVE ADVICE WRITE LETTERS REFER PEOPLE TO THE RIGHT AUTHORITIES OR ORGANISATIONS WHERE THEY CAN BE HELPED REFER PEOPLE TO ATTORNEYS AND SO ON
,%'!, 2%3/52#%3 #%.42%3 ,EGAL 2ESOURCES #ENTRES ARE PUBLIC INTEREST LAW FIRMS FUNDED BY PRIVATE DONORS 4HEY DEAL WITH PROBLEMS WHICH AFFECT LARGE NUMBERS OF PEOPLE IN THE COMMUNITY 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF ,2# OFFICES
!44/2.%93g !33/#)!4)/.3 ,OCAL ASSOCIATIONS OF ATTORNEYS MAY ASSIST WITH FUNDING OF SPECIFIC CASES OR PROVIDING ATTORNEYS TO TAKE ON CASES OR GIVE ADVICE FOR FREE 4HESE ATTORNEYS ASSOCIATIONS ARE s !TTORNEYS FOR (UMAN 2IGHTS ,(2 s "LACK !TTORNEYS !SSOCIATION ",! s .ATIONAL !SSOCIATION OF $EMOCRATIC !TTORNEYS .!$%,
02/",%-3 7HICH COURT SHOULD BE USED IN EACH EXAMPLE -!29 )3 #!5'(4 3(/0,)&4).' -ARY IS CAUGHT SHOPLIFTING A DRESS IN A SHOP 3HE WILL BE ARRESTED AND CHARGED IN THE CRIMINAL COURT OF THE ORDINARY -AGISTRATEgS #OURT IN THE AREA WHERE SHE SHOPLIFTED THE DRESS 3HOPLIFTING IS STEALING AND IT IS A CRIMINAL OFFENCE 3EE PAGE $ISTRICT /RDINARY -AGISTRATES #OURT
*/(. )3 #(!2'%$ 7)4( 2!0).' ! 7/-!. *OHN WILL BE CHARGED IN THE 2EGIONAL -AGISTRATEgS #OURT OR THE (IGH #OURT IN THE AREA WHERE HE COMMITTED THE CRIME 2APE IS A VERY SERIOUS CRIMINAL OFFENCE AND CANNOT BE HEARD IN THE ORDINARY -AGISTRATEgS #OURT 3EE PAGE 2EGIONAL -AGISTRATES #OURT 4HE WOMAN THAT *OHN RAPED CAN ALSO SUE *OHN PRIVATELY FOR DAMAGES IN THE CIVIL COURT OF THE ORDINARY -AGISTRATEgS #OURT "UT IF HER CLAIM IS FOR MORE THAN 2 SHE WILL HAVE TO SUE THROUGH THE (IGH #OURT 3EE PAGE #RIMINAL AND CIVIL ACTIONS
0%$) -52$%23 ()3 7)&% 0EDI WILL BE CHARGED WITH MURDER IN THE (IGH #OURT IN THE PROVINCE WHERE HE COMMITTED THE MURDER -URDER IS A VERY SERIOUS CRIMINAL OFFENCE AND CANNOT BE HEARD IN THE ORDINARY OR REGIONAL -AGISTRATEgS #OURT
-8/,)3) "593 ! &!5,49 46 -XOLISI BUYS A FAULTY SECOND HAND 46 FROM A SHOP IN TOWN (E PAYS 2 FOR THE 46 7HEN HE GETS HOME HE FINDS AFTER A DAY THAT IT STOPS WORKING 4HE SHOP REFUSES TO REFUND HIS MONEY -XOLISI HAS A PRIVATE CIVIL CLAIM AGAINST THE SHOP )F THERE IS A 3MALL #LAIMS #OURT IN THIS TOWN THEN -XOLISI CAN USE THIS BECAUSE HIS CLAIM IS LESS THAN 2 )F THERE IS NO 3MALL #LAIMS #OURT IN THE TOWN THEN -XOLISI MUST USE THE ORDINARY -AGISTRATEgS #OURT TO CLAIM HIS MONEY BACK FROM THE SHOP 4HIS IS MORE EXPENSIVE AND TAKES LONGER THAN THE 3MALL #LAIMS #OURT 3EE PAGE 3MALL #LAIMS #OURT
*%2%-9 "593 ! #!2 7()#( "2%!+3 $/7. *EREMY BUYS A CAR FROM A GARAGE IN #APE 4OWN FOR 2 4HE CAR BREAKS DOWN THREE DAYS LATER (E WILL HAVE TO FIT A RECONDITIONED ENGINE TO THE CAR TO GET IT GOING AGAIN *EREMY HAS A PRIVATE CIVIL CLAIM AGAINST THE GARAGE (E MUST SUE THE GARAGE THROUGH THE CIVIL COURTS IN THE ORDINARY -AGISTRATEgS #OURT IN #APE 4OWN
4(%-"! !.$ "(%+) 15!22%, !"/54 #/73 4HEMBA AND "HEKI LIVE IN A RURAL VILLAGE IN +WA:ULU .ATAL 4HEY QUARREL ABOUT WHO OWNS CERTAIN COWS 4HIS IS A CIVIL DISPUTE 4HEY CAN USE THE CHIEFgS OR HEADMANgS COURT IN THE AREA IN WHICH THEY LIVE OR THEY CAN USE THE ORDINARY -AGISTRATEgS #OURT 3EE PAGE #OMMUNITY COURTS AND COURTS FOR #HIEFS AND (EADMEN
#(%29, )3 $)3-)33%$ &/2 "%).' ,!4% #HERYL IS DISMISSED FROM HER JOB BECAUSE SHE ARRIVES LATE ONE MORNING 3HE SAYS THAT THIS IS UNFAIR BECAUSE SHE SAYS THIS IS THE FIRST TIME SHE HAS BEEN LATE "UT THE EMPLOYER REFUSES TO REINSTATE HER #HERYL CAN GO TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION FOR HELP )F THE ##-! CANNOT SOLVE THE PROBLEM THEY WILL REFER THE MATTER TO THE ,ABOUR #OURT 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
"%..9 )3 ./4 3!4)3&)%$ 7)4( ! 0!).4%23 7/2+ "ENNY SIGNS A CONTRACT WITH A PAINTER TO PAINT HIS HOUSE gTO HIS OWN SATISFACTIONg FOR AN AGREED SUM OF MONEY 7HEN THE PAINTER HAS FINISHED HE ASKS "ENNY TO PAY HIM "ENNY REFUSES BECAUSE HE SAYS THAT gANY FOOLg CAN SEE THAT THE HOUSE NEEDS ANOTHER COAT OF PAINT BEFORE THE JOB CAN BE CALLED COMPLETE 4HE PAINTER REFUSES TO PAINT ANOTHER COAT )F BOTH "ENNY AND THE PAINTER AGREE THEN THEY CAN CALL IN A THIRD PERSON TO ACT AS A MEDIATOR BETWEEN THEM )T WILL BE BETTER IF THIS THIRD PERSON IS A PROFESSIONAL PERSON IN THE BUILDING TRADE 4HIS WILL USUALLY BE THE QUICKEST AND CHEAPEST WAY TO SOLVE THE PROBLEM 3EE PAGE -EDIATION "UT IF THIS FAILS THEN THE PAINTER CAN REFER THE CIVIL CLAIM TO THE 3MALL #LAIMS #OURT OR THE -AGISTRATEgS #OURT TO GET HIS MONEY FROM "ENNY
()'( 2!4%3 n "54 ./ 25..).' 7!4%2 4HE #IVIC !SSOCIATION IN +LIPTOWN IS UNHAPPY BECAUSE THERE IS NO RUNNING WATER IN A NUMBER OF HOUSES IN THE TOWN 4HEY SAY THEY ARE PAYING HIGH RATES AND HAVE A RIGHT TO RUNNING WATER 4HE MUNICIPALITY KEEPS SAYING THAT IT IS DOING SOMETHING ABOUT THIS BUT NOTHING EVER HAPPENS 4HE #IVIC SHOULD SEND A DELEGATION TO THE -UNICIPALITY AND DEMAND THAT THE -UNICIPALITY SPEAK TO THEM ABOUT THEIR COMPLAINT 4HE TWO SIDES SHOULD ENTER INTO
NEGOTIATIONS TO TRY AND SORT OUT THE PROBLEM 3EE PAGE .EGOTIATION SKILLS
#LAIM IS TOO LARGE FOR THE 3MALL #LAIMS #OURT 3## 9OU HAVE A CLAIM AGAINST 4APE AND 2ADIO 7HOLESALERS FOR 2 #AN YOU USE THE 3MALL #LAIMS #OURT TO GET YOUR MONEY BACK
7(!4 $/%3 4(% ,!7 3!9 )F YOU WANT TO CLAIM THIS FULL AMOUNT YOU CANNOT USE THE 3MALL #LAIMS #OURT 4HE LAW SAYS THAT YOU CAN ONLY USE THE 3MALL #LAIMS #OURT IF YOUR CLAIM IS FOR 2 OR LESS )F YOU WANT TO CLAIM 2 YOU MUST USE THE -AGISTRATEgS #OURT 4HE -AGISTRATEgS #OURT IS MUCH MORE EXPENSIVE BECAUSE YOU HAVE TO USE A ATTORNEY AND ALSO TAKES MORE TIME THAN THE 3MALL #LAIMS #OURT TO SORT OUT PROBLEMS 9OU CAN HOWEVER REDUCE YOUR CLAIM TO 2 IF YOU WANT TO USE THE 3## 9OU WILL LOSE 2 BUT IN THE LONG RUN THIS MAY BE CHEAPER THAN PAYING ATTORNEYS FEES TO BRING THE CASE IN THE MAGISTRATES COURT 3EE PAGE 3MALL #LAIMS #OURT
7(!4 #!. 9/5 $/ )F YOU DECIDE TO REDUCE THE CLAIM SO THAT YOU CAN USE THE 3MALL #LAIMS #OURT THEN YOU MUST FOLLOW THE PROCEDURES OF THE 3MALL #LAIMS #OURT
(OW URGENT IS THE NEED FOR AN INTERDICT 4HE POLICE HAVE CONDUCTED A NUMBER OF RAIDS ON VARIOUS HOUSES IN THE .OMSAMO COMMUNITY 4HEY SAY THEY ARE LOOKING FOR STOLEN GOODS 4HE COMMUNITY SAYS THESE RAIDS TAKE PLACE TOO OFTEN AND THE POLICE NEVER FIND ANY STOLEN GOODS 0EOPLE FEEL THE POLICE ARE TRYING TO INTIMIDATE THE COMMUNITY 4HEY WANT TO GET AN INTERDICT TO STOP RAIDS IN THE FUTURE
7(!4 !2% 4(% #/--5.)49g3 2)'(43 4HE COMMUNITY MUST SHOW THAT THE NEED TO STOP THE POLICE FROM CONDUCTING THE RAIDS IS URGENT ENOUGH TO GET AN INTERDICT 4HE CASE WILL BE URGENT ENOUGH FOR AN INTERDICT IF THE COMMUNITY CAN PROVE THAT THERE IS A GOOD CHANCE THE POLICE WILL RAID AGAIN VERY SOON
7(!4 #!. 4(%9 $/ 4HE COMMUNITY MUST APPROACH A ATTORNEY TO HELP THEM WITH THE INTERDICT 3EE PAGE 3TEPS IN GETTING AN INTERDICT AND PAGE 0ROBLEMS WITH INTERDICTS 4HERE ARE MANY THINGS THAT THE COMMUNITY CAN DO TO HELP THE ATTORNEY SUCH AS s COLLECTING STATEMENTS FROM PEOPLE WHOSE HOUSES WERE RAIDED s FINDING OUT WHAT GOODS WERE CONFISCATED BY THE POLICE s FINDING OUT WHETHER ANYBODY WAS ASSAULTED IN THE RAID s GETTING DETAILS OF HOW MANY TIMES THE POLICE HAVE RAIDED IN THE PAST MONTHS WHAT THEY CONFISCATED IN THOSE RAIDS AND SO ON
0ASSING THE ,EGAL !ID MEANS TEST -ARIA 3HAVE IS A SINGLE PERSON WITH TWO CHILDREN WHO GO TO SCHOOL 3HE EARNS 2 PER MONTH BEFORE DEDUCTIONS ARE MADE FROM HER SALARY 3HE PAYS 2 INTO A PENSION FUND EVERY MONTH AND HER BOND REPAYMENT ON HER HOUSE IS 2 PER MONTH 7ILL SHE QUALIFY FOR ,EGAL !ID
7(!4 $/%3 4(% ,!7 3!9 4HE MEANS TEST SAYS A SINGLE WOMAN EARNING 2 CAN GET ,EGAL !ID 4HIS AMOUNT IS STANDARD FOR EVERY SINGLE PERSON APPLYING FOR LEGAL AID AND DOESNT DEPEND ON HOW MANY DEPENDENTS SHE HAS &OR PURPOSES OF THE MEANS TEST A PERSONgS SALARY IS THE MONEY THAT IS LEFT AFTER DEDUCTIONS ARE MADE FOR THINGS LIKE PENSION HOUSING MEDICAL AID AND SO ON 3EE PAGE -EANS TEST )T IS ALSO IMPORTANT THAT THE SPECIFIC CASE THAT SHE NEEDS THE LEGAL AID FOR FALLS WITHIN THE CASES COVERED BY LEGAL AID 3EE PAGE !PPLYING FOR LEGAL AID
$/%3 3(% 15!,)&9 &/2 ,%'!, !)$ -ARIA EARNS 2 PER MONTH &OR THE PURPOSES OF THE MEANS TEST -ARIAgS SALARY WILL BE 2 LESS 2 PENSION 2 BOND REPAYMENT 2 n 2 2 2 4HIS AMOUNT IS LESS THAN THE MEANS TEST AMOUNT OF 2 WHICH MEANS -ARIA WILL QUALIFY FOR ,EGAL !ID PROVIDED HER CASE IS THE TYPE OF CASE COVERED BY LEGAL AID
!PPEALING AGAINST THE DECISION OF A MAGISTRATE *AMES LIVES ON A FARM /NE DAY HIS WIFE WAS CRITICALLY ILL AND HE RAN TO TOWN TO CALL A DOCTOR /N THE WAY HE RAN ACROSS ANOTHER FARM OWNED BY 0HILIP BECAUSE IT WAS THE QUICKEST POSSIBLE ROUTE TO THE NEAREST TOWN 0HILIP CALLED THE POLICE AND TOLD THEM *AMES WAS STEALING GOATS FROM HIS FARM *AMES WAS ARRESTED AND CHARGED WITH THEFT (E APPEARED BEFORE THE CRIMINAL COURT AND THE MAGISTRATE FOUND HIM GUILTY OF TRESPASS (E WAS SENTENCED TO MONTHS IN PRISON
7(!4 $/%3 4(% ,!7 3!9 *AMES SAYS HIS WIFE WAS CRITICALLY ILL SO HE TOOK THE SHORTEST POSSIBLE ROUTE TO TOWN (E SAID HE DID NOT STEAL ANYTHING AND THERE WAS ABSOLUTELY NO PROOF OF HIM HAVING STOLEN ANY GOATS (E WANTS TO APPEAL AGAINST THE DECISION OF THE MAGISTRATE 4HE LAW SAYS YOU CAN APPEAL TO A HIGHER COURT IF YOU THINK THAT THE TRIAL COURT IN THIS CASE THE -AGISTRATEgS #OURT MADE A MISTAKE IN INTERPRETING THE FACTS OF THE CASE OR DIDNgT APPLY THE LAW CORRECTLY 3EE PAGE 4RIALS APPEALS AND REVIEWS
7(!4 #!. (% $/ *AMES MUST GET AN ATTORNEY TO HELP HIM WITH HIS APPEAL AGAINST THE MAGISTRATEgS JUDGMENT 4HE ATTORNEY MUST DRAW UP LEGAL DOCUMENTS FOR AN APPEAL *AMES CAN GO TO THE ,EGAL !ID OFFICE TO APPLY FOR ,EGAL !ID TO PAY FOR THE ATTORNEY 3EE PAGE !PPLYING FOR LEGAL AID
&AILING TO OBEY A CIVIL COURT ORDER *OE 3NYDERS ASSAULTED HIS BROTHER 2ICHARD 2ICHARD SUFFERED SOME BAD WOUNDS AND HE HAD TO SPEND DAYS IN HOSPITAL RECOVERING 7HEN HE LEAVES HOSPITAL HE FINDS THAT HE HAS LOST HIS JOB (E IS ALSO TOLD THAT HIS ACCOUNT AT THE HOSPITAL IS 2 FOR MEDICAL FEES 2ICHARD SUES HIS BROTHER IN THE CIVIL COURT FOR AN AMOUNT OF 2 WHICH INCLUDES MEDICAL FEES LOST WAGES AND PAIN AND SUFFERING (E WINS HIS CASE IN COURT AND THE COURT ORDERS *OE TO PAY THE AMOUNT CLAIMED BY 2ICHARD PLUS ALL 2ICHARDgS LEGAL COSTS *OE JUST IGNORES THE COURT ORDER AND TELLS 2ICHARD THAT HE REFUSES TO PAY BECAUSE IT WAS ALL 2ICHARDgS FAULT IN ANY CASE
7(!4 $/%3 4(% ,!7 3!9 4HE COURT HAS ALREADY DECIDED THAT *OE OWES 2ICHARD THE MONEY "ECAUSE *OE REFUSES TO PAY 2ICHARD WILL HAVE TO SPEND MORE TIME AND MONEY ON A ATTORNEY TRYING TO GET HIS MONEY BACK
7(!4 #!. (% $/ 2ICHARD WILL HAVE TO GO BACK TO HIS ATTORNEY 4HE ATTORNEY WILL APPLY FOR A 7ARRANT OF %XECUTION ON BEHALF OF 2ICHARD ! 3HERIFF OF THE #OURT WILL THEN GO TO *OEgS HOUSE AND TAKE SOME OF HIS PROPERTY 4HE 3HERIFF WILL SELL THE PROPERTY AND PAY 2ICHARD 3EE PAGE %NFORCING A CIVIL JUDGEMENT
2EFUSING TO GIVE YOUR NAME OR ADDRESS TO THE POLICE 4HE POLICE RAID YOUR HOUSE 4HEY SAY THEY SUSPECT THAT THE BICYCLE THEY FIND IN YOUR HOUSE IS A STOLEN BICYCLE 4HEY ASK YOU FOR YOUR FULL NAME AND ADDRESS 9OU REFUSE TO GIVE IT TO THEM 4HEY THEN ARREST YOU AND TAKE YOU TO THE POLICE STATION
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT IF A POLICE OFFICER SUSPECTS THAT YOU COMMITTED A CRIME OR THAT YOU ARE TRYING TO COMMIT A CRIME OR THAT YOU MIGHT BE ABLE TO GIVE THEM SOME INFORMATION ABOUT A CRIME THEY CAN ASK YOU TO GIVE YOUR FULL NAME AND ADDRESS 3EE PAGE 0OWERS OF THE POLICE TO QUESTION "EFORE YOU GIVE THE POLICE YOUR NAME YOU CAN ASK TO SEE THE IDENTITY DOCUMENTS OF THE POLICE OFFICERS )F THE POLICE REFUSE TO SHOW THEIR )$S YOU NEED NOT GIVE YOUR NAME AND ADDRESS )N THIS CASE THE POLICE 3530%#4%$ 4(!4 9/5 #/--)44%$ ! #2)-% 3O YOU WERE SUPPOSED TO GIVE THEM YOUR NAME AND ADDRESS "ECAUSE YOU REFUSED THEY ARE ALLOWED TO ARREST YOU 9OU CAN GET A FINE OR PRISON SENTENCE FOR REFUSING TO GIVE YOUR NAME OR ADDRESS
7(!4 #!. 9/5 $/ 9OU MUST GIVE THE POLICE YOUR NAME AND ADDRESS 9OU DO NOT HAVE TO SAY ANYTHING ELSE )F YOU HAVE AN ATTORNEY YOU MUST ASK TO SEE HIM OR HER )F YOU DO NOT HAVE AN ATTORNEY CONTACT A MEMBER OF YOUR FAMILY A FRIEND OR SOMEONE FROM THE NEAREST ADVICE OFFICE 3EE PAGE 7HAT TO DO IF YOU ARE ARRESTED 9OU CAN ASK YOUR FAMILY TO APPLY FOR ,EGAL !ID FOR YOU 3EE PAGE !PPLYING FOR ,EGAL !ID !SK THE POLICE FOR POLICE BAIL )F THE POLICE DO NOT GIVE YOU BAIL YOU MUST ASK FOR BAIL AS SOON AS YOU ARE CHARGED IN COURT 3EE PAGE "AIL
0OLICE SHOOT AND INJURE WHILE MAKING AN ARREST 4HE POLICE SUSPECTED TWO MEN 0AUL AND ,UNDI OF BEING CAR THIEVES /NE AFTERNOON THE POLICE WERE DRIVING THROUGH THE STREETS OF "OTSHABELO 4HEY SAW A PINK -AZDA PARKED OUTSIDE A HOUSE WITH THE TWO SUSPECTS SITTING INSIDE 4HE REGISTRATION NUMBER WAS THE SAME AS THE NUMBER ON A CAR REPORTED STOLEN TWO DAYS BEFORE 4HE POLICE STOPPED AND GOT OUT TO ARREST THE MEN BUT THE TWO MEN JUMPED OUT OF THE CAR AND TRIED TO RUN AWAY 4HE POLICE RAN AFTER THE MEN AND CALLED OUT TO THEM
TO STOP BUT THE MEN DID NOT STOP 4HE POLICE PULLED OUT THEIR GUNS FIRED A WARNING SHOT AND THEN SHOT THE MEN IN THEIR LEGS 4HEN THEY ARRESTED THE MEN
7(!4 $/%3 4(% ,!7 3!9 4HE POLICE FOUND 0AUL AND ,UNDI IN THE STOLEN CAR 4HE LAW SAYS THAT A POLICE OFFICER CAN ARREST YOU WITHOUT A WARRANT IF THEY CATCH YOU WHILE YOU ARE COMMITTING A CRIME 3EE PAGE !RREST WITHOUT A WARRANT 4HEY WERE CAUGHT IN THE ACT SO THE POLICE DID NOT HAVE TO GIVE A REASON WHY THEY WANTED TO ARREST THE SUSPECTS 4HIS WAS A LAWFUL ARREST 4HE LAW SAYS THAT THE POLICE CAN USE FORCE TO MAKE AN ARREST IF THE SUSPECT TRIES TO FIGHT OR RUN AWAY "UT THE LAW SAYS THAT POLICE MUST USE AS LITTLE FORCE AS POSSIBLE )F THEY SHOOT THEY MUST TRY TO SHOOT JUST TO STOP THE PERSON NOT TO KILL 4HE #ONSTITUTIONAL #OURT HAS HELD IN 3 V 7ALTERS THAT SHOOTING A SUSPECT FOR THE SOLE PURPOSE OF MAKING AN ARREST IS ONLY POSSIBLE IN LIMITED CIRCUMSTANCES 3EE PAGE -AKING A LAWFUL ARREST )N THIS CASE THE POLICE COULD NOT STOP 0AUL AND ,UNDI WITHOUT SHOOTING THEM 3O THE USE OF FORCE WAS LAWFUL 3EE PAGE 5SING FORCE TO MAKE AN ARREST OR TO STOP YOU ESCAPING FROM ARREST
7(!4 #!. 4(%9 $/ )F THE POLICE ASK 0AUL AND ,UNDI TO GIVE THEM THEIR NAMES AND ADDRESSES THEY MUST DO THIS 4HEY DO NOT HAVE TO SAY ANYTHING ELSE 0AUL AND ,UNDI HAVE A RIGHT TO SEE AN ATTORNEY )F THEY DO NOT KNOW AN ATTORNEY THEY MUST CONTACT A MEMBER OF THEIR FAMILIES A FRIEND OR SOMEONE FROM THE NEAREST ADVICE OFFICE TO FIND A ATTORNEY OR TO APPLY FOR ,EGAL !ID FOR A ATTORNEY 4HEY MAY ASK TO SEE A DOCTOR IMMEDIATELY TO TREAT THEIR INJURIES AND THEY MAY ASK FOR COURT BAIL WHEN THEY APPEAR IN COURT 3EE PAGE "AIL
9OUR RIGHT TO APPEAR IN COURT WITHIN HOURS OF ARREST 9OU ARE ARRESTED AT PM ON A 7EDNESDAY AFTERNOON 4HE POLICE TELL YOU THAT YOU WILL ONLY BE APPEARING IN COURT ON THE FOLLOWING -ONDAY 4HIS MEANS THAT YOU WILL HAVE TO SPEND THE WEEKEND IN JAIL
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT THE POLICE MUST TAKE YOU TO COURT WITHIN HOURS AFTER YOUR ARREST 9OU WERE ARRESTED AT PM ON 7EDNESDAY AFTERNOON )F YOU COUNT HOURS AFTER THIS TIME IT WILL BE PM ON A &RIDAY AFTERNOON 4HE COURT IS CLOSED AT THIS TIME AND FOR THE REST OF THE WEEKEND 3O YOU CANNOT APPEAR IN COURT 9OU MUST APPEAR ON THE FIRST COURT DAY AFTER THIS 4HIS WILL BE THE FOLLOWING -ONDAY 3EE PAGE 2IGHTS OF ARRESTED PEOPLE
7(!4 #!. 9/5 $/ !S SOON AS YOU GET TO THE POLICE STATION ASK TO SEE YOUR ATTORNEY )F YOU DONgT KNOW A ATTORNEY THEN ASK TO CONTACT A MEMBER OF YOUR FAMILY OR A FRIEND TO GET A ATTORNEY FOR YOU 9OU CAN ASK FOR POLICE BAIL )F THE OFFENCE IS VERY SERIOUS AND THE POLICE REFUSE TO GIVE YOU POLICE BAIL THEN YOU MUST STAY IN JAIL UNTIL YOU APPEAR IN COURT ON THE FOLLOWING -ONDAY 7HEN YOU GET TO COURT YOU MUST ASK FOR COURT BAIL 3EE PAGE "AIL
0OLICE MISCONDUCT 4HE POLICE ARREST YOU AFTER THEY CATCH YOU SHOPLIFTING A SHIRT FROM THE LOCAL DEPARTMENT STORE 4HEY TAKE YOU TO THEIR VAN WAITING OUTSIDE /N THE WAY TO THE POLICE STATION THEY ASK YOU QUESTIONS ABOUT WHAT HAPPENED 9OU REFUSE TO ANSWER THEIR QUESTIONS 4WO OF THE POLICE ASSAULT YOU
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT YOU ONLY HAVE TO GIVE THE POLICE YOUR NAME AND ADDRESS 9OU DO NOT HAVE TO SAY ANYTHING ELSE TO THE POLICE 3O YOU DID NOT HAVE TO ANSWER THE QUESTIONS THAT THE POLICE OFFICER ASKED YOU IN THE VAN 4HE LAW SAYS THAT IF YOU DO NOT TRY TO FIGHT OR RUN AWAY THE POLICE CANNOT USE FORCE TO MAKE THE ARREST )N THIS CASE YOU DID NOT RESIST THE ARREST 3O THE USE OF FORCE WAS UNLAWFUL 3EE PAGE 0OLICE 0OWERS AND PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED DETAINED AND ACCUSED PERSONS !S SOON AS YOU GET TO THE POLICE STATION ASK TO SEE YOUR ATTORNEY OR TO TELEPHONE SOMEONE YOU KNOW TO ARRANGE A ATTORNEY FOR YOU !SK TO SEE A DOCTOR IMMEDIATELY )N THIS EXAMPLE YOU CAN SUE THE -INISTER OF 3AFETY AND 3ECURITY IN THE CIVIL COURTS FOR DAMAGES SUFFERED AS A RESULT OF THE USE OF UNLAWFUL FORCE 9OU CAN ALSO MAKE A CRIMINAL CHARGE AGAINST THE INDIVIDUAL POLICE OFFICER WHO ASSAULTED YOU )F THE POLICE s UNLAWFULLY SEARCH YOU OR YOUR PREMISES s ARREST YOU UNLAWFULLY s USE UNLAWFUL FORCE WHEN ARRESTING YOU s REFUSE TO GIVE YOU YOUR RIGHTS ONCE YOU ARE ARRESTED s DO NOT BRING YOU TO COURT WITHIN HOURS AFTER YOUR ARREST OR ON THE FIRST POSSIBLE COURT DAY IF THE HOURS ENDS ON A WEEKEND OR A PUBLIC HOLIDAY THEN YOU CAN SUE THE POLICE TO PAY YOU COMPENSATION 4HIS IS A CIVIL CLAIM AGAINST THE POLICE 5NLESS YOU WERE RESISTING ARREST AND THE POLICE USED A LAWFUL AMOUNT OF FORCE THE POLICE MAY NOT ABUSE TORTURE ASSAULT SHOOT SEXUALLY ASSAULT OR RAPE YOU WHEN THEY QUESTION YOU SEARCH YOU OR YOUR PREMISES ARREST YOU OR TRY TO GET YOU TO MAKE A STATEMENT )F THEY DO YOU CAN SUE THE POLICE TO PAY YOU COMPENSATION IN A CIVIL CLAIM AND YOU CAN LAY A CRIMINAL CHARGE AGAINST THE POLICE )F YOU WERE RAPED OR INJURED YOU MUST SEE A DOCTOR AS SOON AS POSSIBLE AFTER THE ASSAULT 4HE DOCTOR WILL TREAT YOUR INJURIES AND WILL MAKE A MEDICAL REPORT WHICH WILL BE USED IN THE CRIMINAL CASE AGAINST THE POLICE s )F YOU ARE NOT IN JAIL YOU CAN GO TO YOUR OWN PRIVATE DOCTOR OR A GOVERNMENT DOCTOR s )F YOU ARE IN JAIL YOU MUST ASK TO SEE A DOCTOR IMMEDIATELY 9OU WILL SEE A DISTRICT SURGEON WHO IS A GOVERNMENT DOCTOR !SK FOR THE DOCTORgS NAME AND REMEMBER IT OR WRITE IT DOWN !SK THE DOCTOR TO WRITE DOWN ALL YOUR INJURIES
7(!4 #!. 9/5 $/ 2%0/24 ! #!3% /& -)3#/.$5#4 4/ 4(% ).$%0%.$%.4 #/-0,!).43 $)2%#4/2!4% )#$ 4HIS IS AN INDEPENDENT BODY SET UP BY THE GOVERNMENT TO INVESTIGATE SERIOUS CASES OF POLICE MISCONDUCT
)F SOMEONE HAS BEEN SERIOUSLY INJURED OR KILLED BY THE POLICE YOU MUST CONTACT THE )#$ FOR HELP 9OU MUST ALSO COMPLAIN TO THE )#$ ABOUT POLICE CORRUPTION OR OTHER SERIOUS COMPLAINTS ABOUT POLICE BEHAVIOUR 9OU CAN ASK AT ANY POLICE STATION OR -AGISTRATEgS #OURT HOW TO CONTACT THE )#$ 4HERE SHOULD BE AN OFFICE IN EACH 3!03 REGION 3EE PAGE 2EPORTING A CASE OF POLICE MISCONDUCT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE
-!+% ! #)6), #,!)- !'!).34 4(% 0/,)#% 4HE -INISTER OF 3AFETY AND 3ECURITY IS RESPONSIBLE FOR POLICE OFFICERS IF THEY COMMIT AN OFFENCE gIN THE COURSE AND SCOPE OF THEIR DUTIESg IN OTHER WORDS WHILE THEY ARE ON DUTY OR AS PART OF THEIR POLICE WORK )N A CIVIL CASE YOUR CLAIM FOR COMPENSATION WOULD THEREFORE BE AGAINST THIS -INISTER 9OU WILL ONLY SUE THE INDIVIDUAL POLICE OFFICER WHO ACTED UNLAWFULLY IF THAT OFFICER WAS OFF DUTY AT THE TIME OR IF THE ACTION WAS NOT A PART OF HIS OR HER POLICE DUTIES %8!-0,% 9OUR NEIGHBOUR IS A POLICE OFFICER AND ONE NIGHT OUT OF ANGER HE ASSAULTS YOU BECAUSE YOU ARE MAKING TOO MUCH NOISE 4HIS ACTION WAS NOT PART OF HIS POLICE DUTIES (E WAS ACTING AS AN INDIVIDUAL 3O YOU WOULD SUE THE POLICE OFFICER HIMSELF AND NOT THE -INISTER OF 3AFETY AND 3ECURITY
)F YOU WANT TO MAKE A CIVIL CLAIM AGAINST THE POLICE YOU MUST s GET HELP FROM A ATTORNEY s MAKE THE CLAIM BEFORE MONTHS HAVE PASSED FROM n THE DATE OF THE EVENT OR n THE DATE WHEN YOU SHOULD HAVE BECOME AWARE OF THE EVENT WHICHEVER IS THE LATER DATE s GIVE THE POLICE MONTHgS NOTICE THAT YOU ARE GOING TO SUE THEM 3O YOUR ATTORNEY MUST FIRST WRITE TO THE POLICE TO SAY THAT YOU ARE GOING TO MAKE A CASE AGAINST THEM AND WHY YOU ARE MAKING A CLAIM 4HE NOTICE MUST REACH THE POLICE WITHIN MONTHS 4HEN YOU MUST WAIT MONTH FROM THE DATE THAT THE NOTICE REACHED THE POLICE BEFORE STARTING THE CASE )F YOU BRING THE CLAIM AFTER MONTHS HAVE PASSED OR IF YOU HAVENgT GIVEN THE POLICE MONTHgS NOTICE THE COURT MAY STILL HEAR YOUR CLAIM IF YOU CAN PROVE TO THE COURT THAT IT IS IN THE INTERESTS OF JUSTICE FOR YOUR CLAIM TO BE HEARD
,!9).' ! #2)-).!, #(!2'% !'!).34 4(% 0/,)#% -AKE A STATEMENT TO A ATTORNEY AS SOON AS POSSIBLE REGARDING THE ASSAULT MADE ON YOU BY THE POLICE OFFICERS 4HE ATTORNEY WILL HELP YOU TO LAY A CHARGE AGAINST THE POLICE OFFICERS WHO ASSAULTED YOU )F YOU ARE CHARGED YOU MUST TELL THE MAGISTRATE OR JUDGE AS SOON AS YOU GET TO COURT THAT YOU WERE ASSAULTED )F THE POLICE REFUSED TO GET YOU A ATTORNEY OR A DOCTOR YOU MUST ALSO TELL THE MAGISTRATE OR JUDGE THIS 4HESE THINGS ARE WRITTEN DOWN IN THE COURT RECORD AND WILL BE PART OF THE EVIDENCE &OLLOW THE USUAL PROCEDURE TO LAY A CRIMINAL CHARGE AGAINST THE POLICE OFFICERS 3EE PAGE 3TEPS IN LAYING A CRIMINAL CHARGE AGAINST ANOTHER PERSON
-/$%, ,%44%23
,ETTER OF DEMAND FOR THE 3MALL #LAIMS #OURT ./4% ,ETTERS OF DEMAND -534 BE SENT BY REGISTERED POST WITH AN !2 CARD FILLED IN AT THE 0OST /FFICE 9OU MUST KEEP THE PROOF OF POSTING REGISTERED SLIP THE !2 CARD WHEN THE 0OST /FFICE SENDS IT BACK TO YOU AND AN EXACT COPY OF THE LETTER TO HAND IN TO THE #LERK OF THE #OURT IF YOU ISSUE THE SUMMONS
%8!-0,%
&2/ YOUR NAME AND ADDRESS AS WELL AS YOUR CONTACT TELEPHONE NUMBER
4/ NAME AND ADDRESS OF DEFENDANT $ATE $EAR NAME OF DEFENDANT 72)44%. $%-!.$ ). 4%2-3 /& 3%#4)/. /& 4(% 3-!,, #,!)-3 #/524 !#4 4AKE NOTE THAT THE UNDERSIGNED HEREBY CLAIMS FROM YOU THE SUM OF 2 IN RESPECT OF GIVE BRIEF DETAILS SUCH AS gUNPAID LOANg OR gCOLLISION DAMAGEg 4AKE NOTE FURTHER THAT UNLESS THE SAID SUM IS PAID TO THE UNDERSIGNED WITHIN DAYS FROM RECEIPT OF THIS LETTER SUMMONS WILL FORTHWITH BE ISSUED AGAINST YOU 9OURS FAITHFULLY
YOUR OWN SIGNATURE 9/52 .!-% ). &5,,
#(%#+,)343
0ARTICULARS TO TAKE IF SOMEONE HAS RECEIVED A SUMMONS (OW MUCH TIME DO YOU HAVE LEFT IN WHICH TO RESPOND TO THE SUMMONS $O YOU HAVE A ATTORNEY 7OULD YOU LIKE A ATTORNEY TO HELP YOU DEFEND THE CASE #AN YOU AFFORD TO PAY FOR A ATTORNEY )F NOT WOULD YOU LIKE TO APPLY FOR ,EGAL !ID
0ARTICULARS TO TAKE IF SOMEONE HAS ALREADY APPEARED IN COURT ON A CRIMINAL CHARGE 7HEN DID YOU APPEAR IN COURT FOR THE FIRST TIME 7HAT WAS THE CHARGE $ID YOU PLEAD TO THE CHARGE )F SO DID YOU PLEAD gGUILTYg OR gNOT GUILTYg $O YOU HAVE A ATTORNEY TO DEFEND YOU IN COURT )F NOT WOULD YOU LIKE AN ATTORNEY #AN YOU AFFORD TO PAY FOR AN ATTORNEY )F NOT WOULD YOU LIKE TO APPLY FOR ,EGAL !ID
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53).' 4(% #/5243 #/524 02/#%$52%3 ).42/$5#4)/. 4/ 4(% ,!7
7HERE DOES THE LAW COME FROM
#ONSTITUTIONAL LAW
3TATUTE LAW
#OMMON LAW
#USTOMARY LAW
(OW IS A COURT DECISION OR JUDGMENT MADE
+INDS OF LAW CRIMINAL AND CIVIL #RIMINAL LAW #IVIL LAW #RIMINAL AND CIVIL ACTIONS
3425#452% /& 4(% #/5243
4HE #ONSTITUTIONAL #OURT 4HE 3UPREME #OURT OF !PPEAL #(!24 4HE COURTS IN 3OUTH !FRICA AND APPEAL AND REVIEW PROCEDURES 4HE (IGH #OURTS 7HERE ARE THE (IGH #OURTS !PPEALS AND REVIEWS FROM A (IGH #OURT -AGISTRATEgS #OURTS #RIMINAL #OURTS 2EGIONAL -AGISTRATEgS #OURTS $ISTRICT /RDINARY -AGISTRATEgS #OURTS *UVENILE #OURTS
#IVIL #OURTS -AINTENANCE #OURTS &AMILY #OURTS
#HILDRENS #OURTS %QUALITY #OURTS #OMMUNITY COURTS AND COURTS FOR #HIEFS AND (EADMEN
!PPEALS AND REVIEWS FROM A -AGISTRATEgS #OURT 3MALL #LAIMS #OURTS 4HE ,ABOUR #OURT 4HE ,AND #LAIMS #OURT 7HO WORKS IN THE LEGAL SYSTEM
42)!,3 !00%!,3 !.$ 2%6)%73
7HAT IS A TRIAL 7HAT IS AN APPEAL 7HAT IS A REVIEW !UTOMATIC REVIEW !SKING FOR A REVIEW /UTCOME OF THE REVIEW
3%44,).' $)3054%3 /543)$% /& #/524
.EGOTIATION -EDIATION !RBITRATION
4(% #2)-).!, #/524 #2)-).!, #!3%3
0OLICE POWERS 0OWERS OF THE POLICE TO QUESTION 0OWERS OF THE POLICE TO SEARCH AND SEIZE 3EARCH WITH A SEARCH WARRANT 3EARCH WITHOUT A SEARCH WARRANT
0OWERS OF THE POLICE TO ARREST !RREST GENERAL RULES -AKING A LAWFUL ARREST 5NLAWFUL ARREST 5SING FORCE TO MAKE AN ARREST OR TO STOP YOU ESCAPING FROM ARREST 5NLAWFUL USE OF FORCE
!RREST BY AN ORDINARY PERSON 2IGHTS OF ARRESTED PEOPLE 7HAT TO DO IF YOU ARE ARRESTED 2EPORTING A CASE OF POLICE MISCONDUCT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE #RIMINAL CHARGES 7HAT IS A CRIMINAL CHARGE 4HE .ATIONAL 0ROSECUTING !UTHORITY
7HAT ARE YOUR RIGHTS IF YOU ARE CRIMINALLY PROSECUTED ,AYING A CRIMINAL CHARGE AGAINST ANOTHER PERSON 3TEPS IN LAYING A CRIMINAL CHARGE AGAINST ANOTHER PERSON
7HAT HAPPENS IF SOMEONE LAYS A CRIMINAL CHARGE AGAINST YOU 4HE INVESTIGATION
#HARGE AND ARREST 0RISONERgS &RIEND 3TATEMENTS
"AIL 0OLICE BAIL "AIL BY CERTAIN PROSECUTORS #OURT BAIL 4HE #RIMINAL 0ROCEDURES 3ECOND !MENDMENT !CT "AIL ,AW 3TEPS IN A CRIMINAL COURT CASE 4HE lRST DAY
#(!24 3UMMARY OF STEPS IN A CRIMINAL COURT CASE 4HE PLEA 4HE TRIAL 4HE STATE PRESENTS ITS CASE $ISCHARGE 4HE CASE IN YOUR DEFENCE !RGUMENT *UDGMENT %VIDENCE IN MITIGATION 3ENTENCE IS GIVEN 2EVIEW OR APPEAL
0AROLE (AVING A CRIMINAL RECORD $EALING WITH ORGANISED CRIME 4HE 0REVENTION OF /RGANISED #RIME !CT 4HE CHILD JUSTICE SYSTEM #(!24 4HE CHILD JUSTICE BILL HOW THE CHILD JUSTICE SYSTEM WILL WORK !GE AND CRIMINAL CAPACITY 5SING DIVERSION %STABLISHING /NE STOP #HILD *USTICE #ENTRES #OMMUNITY 0OLICE &ORUMS &ORMING #OMMUNITY 0OLICE &ORUMS #0&S #(!24 %LEMENTS FOR EFFECTIVE COMMUNITY POLICING 4HE ROLE OF #OMMUNITY 0OLICE &ORUMS #(!24 2ELATIONSHIP BETWEEN LOCAL GOVERNMENT #0&S AND THE POLICE ,OCAL GOVERNMENT AND #0&S &UNDING #0&S
4(% #)6), #/5243 #)6), #!3%3
#IVIL CLAIMS 0RESCRIPTION PERIODS 0REPARING FOR A CIVIL CLAIM 3TEPS IN A CIVIL CLAIM IN A MAGISTRATES COURT
#(!24 3UMMARY OF STEPS IN A CIVIL CLAIM IN A MAGISTRATES COURT 3UMMARY OF STEPS IN A CIVIL CLAIM #OSTS %NFORCING A CIVIL JUDGMENT 0AYING IN INSTALMENTS 7ARRANT OF EXECUTION
0ROBLEMS WITH CIVIL CLAIMS 3MALL #LAIMS #OURT 7HICH 3MALL #LAIMS #OURT MUST YOU USE TO MAKE A CLAIM 3UMMARY OF STEPS IN A 3MALL #LAIMS #OURT #(!24 3TEPS IN THE 3MALL #LAIMS #OURT ,ETTER OF DEMAND )SSUING THE SUMMONS 4HE TRIAL #HANGING THE CLAIM
4HE COMMISSIONER GIVES JUDGEMENT 7HAT HAPPENS IF THE DEFENDANT DOES NOT APPEAR IN COURT $EFAULT JUDGMENT
2ESCINDING SETTING ASIDE A DEFAULT JUDGMENT
7HAT HAPPENS IF THE CLAIMANT DOES NOT APPEAR IN COURT
3TEPS FOLLOWING JUDGMENT 4AKING A JUDGMENT ON REVIEW %NFORCING A 3MALL #LAIMS #OURT JUDGMENT %QUALITY COURTS 2EFERRING A CASE TO THE %QUALITY #OURT 3TEPS TO TAKE IN REFERRING A CASE TO THE %QUALITY #OURT 7HAT ORDER CAN THE %QUALITY #OURT MAKE 2IGHT OF APPEAL AND REVIEW IN THE %QUALITY #OURT )NTERDICTS 7HAT IS AN INTERDICT 7HO CAN BRING AN INTERDICT 3TEPS IN GETTING AN INTERDICT 0ROBLEMS WITH INTERDICTS 3PECIAL KINDS OF INTERDICTS 3POLIATION ORDERS 7HAT IS A SPOLIATION ORDER 7HO CAN APPLY FOR A SPOLIATION ORDER 7HAT MUST YOU SHOW THE MAGISTRATE TO GET A SPOLIATION ORDER
53).' !. !44/2.%9
2ESPONSIBILITIES OF ATTORNEYS 7HEN DO YOU NEED A ATTORNEY (OW TO lND A ATTORNEY (OW TO PAY FOR A ATTORNEY !PPLYING FOR ,EGAL !ID -EANS TEST 3TEPS TO TAKE TO GET ,EGAL !ID /FlCE OF THE 0UBLIC $EFENDER ,EGAL !ID #LINICS *USTICE #ENTRES 7HO CAN USE *USTICE #ENTRES 7HAT SERVICES DO *USTICE #ENTRES PROVIDE 5NIVERSITY LEGAL AID CLINICS !DVICE #ENTRES ,EGAL 2ESOURCES #ENTRES !TTORNEYSg ASSOCIATIONS
02/",%-3 7HICH COURT SHOULD BE USED IN EACH EXAMPLE #LAIM IS TOO LARGE FOR THE 3MALL #LAIMS #OURT (OW URGENT IS THE NEED FOR AN INTERDICT 0ASSING THE ,EGAL !ID MEANS TEST !PPEALING AGAINST THE DECISION OF A MAGISTRATE &AILING TO OBEY A CIVIL COURT ORDER 2EFUSING TO GIVE YOUR NAME OR ADDRESS TO THE POLICE 0OLICE SHOOT AND INJURE WHILE MAKING AN ARREST 9OUR RIGHT TO APPEAR IN COURT WITHIN HOURS OF ARREST 0OLICE MISCONDUCT
-/$%, ,%44%23 ,ETTER OF DEMAND FOR THE 3MALL #LAIMS #OURT
#(%#+,)343 0ARTICULARS TO TAKE IF SOMEONE HAS RECEIVED A SUMMONS 0ARTICULARS TO TAKE IF SOMEONE HAS ALREADY APPEARED IN COURT ON A CRIMINAL CHARGE
2%3/52#%3
)NTRODUCTION TO THE LAW 4HE LAW IS A SET OF RULES USED TO CONTROL THE BEHAVIOUR OF PEOPLE IN SOCIETY WHICH s TELLS YOU WHAT YOU MUST DO s TELLS YOU WHAT YOU MUST NOT DO s TELLS YOU WHAT OTHERS MAY NOT DO TO YOU )N OTHER WORDS THE LAW TELLS YOU ABOUT YOUR LEGAL gRIGHTSg AND gDUTIESg
7(%2% $/%3 4(% ,!7 #/-% &2/- "EFORE THE %UROPEAN SETTLERS ARRIVED AT THE #APE THE PEOPLE OF 3OUTH !FRICA HAD THEIR OWN LAW AND RULERS 4ODAY THESE LAWS ARE CALLED gINDIGENOUS LAWg OR gCUSTOMARY LAWg 7HEN *AN 6AN 2IEBEECK ARRIVED AT THE #APE IN THE $UTCH 3ETTLERS BROUGHT THEIR LAW FROM THE .ETHERLANDS 4HIS IS CALLED g2OMAN $UTCH ,AWg &OR THE NEXT YEARS THIS 2OMAN $UTCH LAW WAS THE OFFICIAL LAW OF THE #APE )N THE EARLY S THE "RITISH TOOK OVER THE RULE OF THE #APE FROM THE $UTCH 4HEY BROUGHT %NGLISH LAW WITH THEM )N THE FOUR COLONIES OF 3OUTH !FRICA JOINED TOGETHER TO BECOME THE 5NION OF 3OUTH !FRICA 4HIS CREATED ONE CENTRAL GOVERNMENT WITH THE POWER TO MAKE ALL THE LAWS OF THE COUNTRY "UT MOST PEOPLE WERE NOT ALLOWED TO VOTE FOR THIS GOVERNMENT SO LAWS WERE MADE BY AN UNDEMOCRATICALLY ELECTED GOVERNMENT )N !PRIL ONE CENTRAL GOVERNMENT WAS ELECTED DEMOCRATICALLY FOR THE FIRST TIME IN 3OUTH !FRICA
#/.34)454)/.!, ,!7 3ECTION OF THE #ONSTITUTION SAYS THAT THE #ONSTITUTION IS THE SUPREME LAW OF THE LAND !LL LAWS HAVE TO FOLLOW IT AND CANNOT GO AGAINST IT 3EE PAGE (ISTORY OF #ONSTITUTIONS IN 3OUTH !FRICA AND PAGE 4HE RELATIONSHIP BETWEEN THE #ONSTITUTION AND OTHER LAWS
34!454% ,!7 3TATUTE LAW IS WRITTEN LAW THAT HAS BEEN MADE BY THE GOVERNMENT 4HESE LAWS ARE MADE BY 0ARLIAMENT AND ARE CALLED STATUTES OR ACTS 4HEY ARE PUBLISHED IN A GOVERNMENT NEWSPAPER CALLED THE 'OVERNMENT 'AZETTE !N EXAMPLE OF A STATUTE LAW IS THE 0ROTECTED $ISCLOSURES !CT .O OF 4HIS MEANS IT WAS THE TH LAW PASSED IN 3EE PAGE -AKING LAWS 0ROVINCES TOWNS AND CITIES ARE ALLOWED TO MAKE THEIR OWN LAWS WHICH ONLY APPLY TO THEM 4HESE ARE CALLED ORDINANCES FOR THE PROVINCES OR BY LAWS FOR THE TOWNS AND CITIES 4HE #ONSTITUTIONAL #OURT CAN DECLARE ANY STATUTE LAW INVALID IF IT GOES AGAINST THE #ONSTITUTION /THER COURTS CAN ONLY DECLARE LESS IMPORTANT LAWS INVALID 3EE PAGE 7HAT HAPPENS IF A "ILL IS OR MIGHT BE UNCONSTITUTIONAL
#/--/. ,!7 4HE COMMON LAW IS THE SET OF LAWS NOT MADE BY 0ARLIAMENT AND COMES FROM 2OMAN $UTCH AND %NGLISH LAW BROUGHT BY THE EARLY SETTLERS 4HE COMMON LAW HAS DEVELOPED THROUGH THE DECISIONS OF JUDGES IN THE COURTS #RIMES LIKE MURDER RAPE THEFT AND TREASON ARE PART OF THE COMMON LAW 4HE COMMON LAW CAN BE CHANGED BY NEW DECISIONS IN THE COURTS
#534/-!29 ,!7 #USTOMARY LAW COMES FROM INDIGENOUS CULTURES IN 3OUTH !FRICA AND IS ALSO OFTEN REFERRED TO AS INDIGENOUS LAW 7HEN THE SETTLERS ARRIVED IN THE #APE IN THERE WAS ALREADY AN ESTABLISHED LEGAL SYSTEM BEING PRACTICED BY THE PEOPLE WHO LIVED THERE 4HIS INDIGENOUS LEGAL SYSTEM WAS s UNWRITTEN s PASSED ON ORALLY FROM GENERATION TO GENERATION s STRONGLY TIED TO CULTURE TRADITION AND THE TRIBE "UT CUSTOMARYINDIGENOUS LAW WAS NOT RECOGNISED AS PART OF THE 3OUTH !FRICAN LEGAL SYSTEM BY THE COLONIAL POWERS 2OMAN $UTCH LAW WAS SEEN AS THE COMMON LAW OF THE LAND AFTER SETTLEMENT OF THE $UTCH %AST )NDIA #OMPANY IN !T THAT STAGE ALL THE CUSTOMARY LAWS WERE PASSED ON BY WORD OF MOUTH AND WERE UNWRITTEN 7HEN "RITAIN TOOK OVER THE #APE IN THE COLONIAL POLICY WAS TO KEEP ON THE LOCAL LAWS OF THE NEW COLONIES AS LONG AS THEY WERE hCIVILIZEDv 2OMAN $UTCH LAW WAS SEEN AS CIVILIZED AND ALL OTHER SYSTEMS OF LAW WERE IGNORED )T WAS ONLY WHEN 3OUTH !FRICA BECAME A DEMOCRACY IN AND ADOPTED ITS #ONSTITUTION THAT INDIGENOUS LAW WAS RECOGNISED AS HAVING THE SAME STANDING AS 2OMAN $UTCH LAW 5NDER THE #ONSTITUTION 2OMAN $UTCH AND CUSTOMARYINDIGENOUS LAW ARE NOW TREATED AS EQUAL (OWEVER IF THE CUSTOMARY LAW IS IN CONFLICT WITH THE #ONSTITUTION THEN THE COURT HAS TO APPLY THE #ONSTITUTION AND THE "ILL OF 2IGHTS
(/7 )3 ! #/524 $%#)3)/. /2 *5$'-%.4 -!$% 4HE PERSON WHO LISTENS TO BOTH SIDES OF THE CASE IN THE COURT AND WHO THEN DECIDES WHICH SIDE IS RIGHT AND WHICH SIDE IS WRONG IS CALLED THE JUDGE OR MAGISTRATE 4HE DECISION OF THE JUDGE OR THE MAGISTRATE IS CALLED A JUDGMENT ! JUDGMENT CAN BE MADE IN ONE OF WAYS s 4HE JUDGE OR MAGISTRATE LOOKS TO SEE IF THERE IS A RULE IN LAW WHICH FITS THE CASE )F THERE IS ALREADY A RULE THEN THE JUDGE OR MAGISTRATE MUST USE IT s 3OMETIMES THERE IS NO RULE TO FIT THE CASE 4HE JUDGE OR MAGISTRATE MUST NOW MAKE HIS OR HER OWN JUDGMENT )F THE JUDGMENT SETS A NEW RULE OF LAW THIS CREATES A 02%#%$%.4 )N OTHER WORDS THE JUDGE SETS A NEW STANDARD %8!-0,%
)MAGINE THE LAW SAYS THAT YOU MUST REST ON 3UNDAYS 9OU GO TO A FILM ONE 3UNDAY AND YOU ARE ACCUSED OF BREAKING THE LAW BECAUSE YOU ARE NOT gRESTINGg )N COURT YOU TELL THE MAGISTRATE THAT YOU WERE NOT BREAKING THE LAW BECAUSE WATCHING A FILM IS THE SAME AS RESTING FOR YOU 4HE MAGISTRATE DECIDES THAT THIS IS CORRECT AND SO A PRECEDENT IS SET THAT YOU CAN NOW WATCH FILMS ON 3UNDAYS
s 3OMETIMES THERE IS A RULE WHICH COVERS THE FACTS OF THE CASE BUT IT HAS ALWAYS BEEN APPLIED IN A PARTICULAR WAY ! PERSON MAY ARGUE THAT THE RULE CAN BE APPLIED IN A DIFFERENT WAY )F THE JUDGE OR MAGISTRATE DECIDES THAT THE RULE CAN BE USED IN A NEW WAY THEN THE JUDGE OR MAGISTRATE GIVES A NEW INTERPRETATION OR EXPLANATION OF THAT LAW 4HIS JUDGMENT CAN ALSO BE CALLED A 02%#%$%.4 ! PRECEDENT BECOMES THE LAW UNLESS IT IS REJECTED OR CHANGED BY A HIGHER COURT ! PRECEDENT IS IMPORTANT BECAUSE IT BECOMES THE NEW LAW AND SO WILL BE USED IN FUTURE JUDGMENTS )N CONSTITUTIONAL CASES THE PRECEDENT OF THE #ONSTITUTIONAL #OURT MUST BE FOLLOWED BY ALL COURTS )N OTHER CASES THE PRECEDENTS OF THE 3UPREME #OURT OF !PPEAL MUST
BE FOLLOWED BY THE COURTS BELOW IT NAMELY THE (IGH #OURTS AND -AGISTRATEgS #OURTS )N THE SAME WAY THE PRECEDENTS OF THE (IGH #OURT PROVINCIAL AND LOCAL COURTS MUST BE FOLLOWED BY ALL -AGISTRATEgS #OURTS 0ARLIAMENT CAN CHANGE A PRECEDENT BY MAKING A NEW LAW
+).$3 /& ,!7 #2)-).!, !.$ #)6), 4HERE ARE TWO MAIN KINDS OF LAW IN 3OUTH !FRICA #2)-).!, ,!7 AND #)6), ,!7 #ONSTITUTIONAL LAW AFFECTS BOTH CRIMINAL AND CIVIL LAW
#2)-).!, ,!7 )N A CRIMINAL CASE THE STATE PROSECUTES THE ACCUSED PERSON FOR COMMITTING A CRIME OR BREAKING THE LAW g0ROSECUTESg MEANS THE STATE MAKES A CHARGE AGAINST SOMEONE )F THE COURT FINDS THE PERSON GUILTY THE PERSON CAN BE SENT TO PRISON OR FINED OR PUNISHED IN SOME OTHER WAY %XAMPLES OF DIFFERENT CRIMES AND BREAKING THE LAW INCLUDE RAPE PUBLIC VIOLENCE ASSAULT THEFT AND TRESPASS 5SUALLY THE STATE IS NOT THE COMPLAINANT THE ONE MAKING A CHARGE 4HE STATE PROSECUTES BUT ANY PERSON OR INDIVIDUAL CAN BE THE COMPLAINANT AND LAY A CHARGE AGAINST ANOTHER PERSON OR AGAINST THE STATE ! CRIMINAL CASE CAN BE BROUGHT AGAINST ANYONE WHO HAS BROKEN THE LAW INCLUDING A PERSON WHO WORKS FOR THE STATE SUCH AS A MEMBER OF THE POLICE OR DEFENCE FORCE 3O IF FOR EXAMPLE YOU ARE UNLAWFULLY ASSAULTED OR SHOT BY A MEMBER OF THE POLICE OR DEFENCE FORCE YOU CAN BRING A CRIMINAL CASE AGAINST THEM
#)6), ,!7 #IVIL LAW IS THE SET OF RULES THAT GOVERN YOUR PRIVATE RELATIONSHIPS WITH OTHER PEOPLE 4HE STATE DOES NOT TAKE SIDES IN A DISPUTE BETWEEN PRIVATE PEOPLE %8!-0,%3
#)6), ,!7 $%!,3 7)4(
#ASES SUCH AS MARRIAGE AND DIVORCE IF SOMEONE OWES YOU MONEY RENT AGREEMENTS EVICTIONS DAMAGE TO PROPERTY INJURIES TO PEOPLE AND DISPUTES OVER A HIRE PURCHASE AGREEMENT
! CIVIL CASE IS USUALLY BROUGHT BY A PERSON CALLED THE PLAINTIFF WHO FEELS THAT HE OR SHE WAS WRONGED BY ANOTHER PERSON CALLED THE DEFENDANT )F THE PLAINTIFF WINS THE CASE THE COURT USUALLY ORDERS THE DEFENDANT TO PAY COMPENSATION MONEY 3OMETIMES THE COURT MAY ALSO ORDER A DEFENDANT TO DO OR STOP DOING SOMETHING n FOR EXAMPLE TO STOP DAMAGING THE PLAINTIFFgS PROPERTY 4HE STATE MAY BE INVOLVED IN A CIVIL CASE AS A PARTY IF IT IS SUING OR BEING SUED FOR A WRONGFUL ACT n FOR EXAMPLE IF GOVERNMENT PROPERTY IS DAMAGED OR A GOVERNMENT OFFICIAL INJURES SOMEBODY WITHOUT GOOD REASON
#2)-).!, !.$ #)6), !#4)/.3 3OMETIMES A PERSONgS ACT MAY LEAD TO BOTH CRIMINAL AND CIVIL ACTIONS &OR EXAMPLE 0IET HITS ONE OF THE EMPLOYEES IN HIS FACTORY 4HIS IS A CRIME OF ASSAULT 4HE STATE WILL PROSECUTE HIM IN THE CRIMINAL COURT IF THE EMPLOYEE LAYS A CHARGE AGAINST HIM )F THERE IS ENOUGH PROOF TO SHOW THAT HE IS GUILTY HE MAY BE PUNISHED BY THE STATE "UT 0IET !,3/ CAUSES PAIN TO THE EMPLOYEE 4HIS IS A DAMAGE THAT ONE PERSON DOES TO ANOTHER PERSON 4HE INJURED EMPLOYEE COULD SUE 0IET FOR DAMAGES AND MAKE HIM PAY COMPENSATION FOR MEDICAL EXPENSES LOST WAGES AND PAIN AND SUFFERING 4HIS WILL BE A CIVIL CLAIM FOR DAMAGES THROUGH THE CIVIL COURT
3TRUCTURE OF THE COURTS 4HE COURTS ARE USED TO MAKE PEOPLE OBEY THE LAW 4HEY DO THIS BY DECIDING DISPUTES BROUGHT TO THEM 4HE ORDINARY COURTS ARE s #ONSTITUTIONAL #OURT s 3UPREME #OURT OF !PPEAL s (IGH #OURTS n (IGH #OURTS IN DIFFERENT PROVINCES n LOCAL DIVISIONS FOR EXAMPLE 7ITWATERSRAND ,OCAL $IVISION s -AGISTRATEgS #OURTS n 2EGIONAL -AGISTRATEgS #OURTS CRIMINAL CASES ONLY n $ISTRICT -AGISTRATEgS #OURTS CRIMINAL AND CIVIL CASES s 3MALL #LAIMS #OURTS s #OMMUNITY #OURTS AND COURTS OF #HIEFS AND (EADMEN #OURTS THAT DEAL WITH SPECIAL KINDS OF CASES s ,ABOUR !PPEAL #OURT DEALS WITH APPEALS FROM THE ,ABOUR #OURT s ,ABOUR #OURT DEALS WITH DISPUTES UNDER THE ,ABOUR 2ELATIONS !CT s ,AND #LAIMS #OURT DEALS WITH LAND CLAIMS AND LAND TENURE ISSUES s &AMILY #OURTS DEALS WITH ALL FAMILY MATTERS LIKE DIVORCE s 4AX #OURTS s 7ATER 4RIBUNAL s %QUALITY COURTS 4HESE COURTS HEAR ALL THE DIFFERENT KINDS OF CASES BETWEEN ALL PEOPLE IN 3OUTH !FRICA
4(% #/.34)454)/.!, #/524 4HE #ONSTITUTIONAL #OURT IS IN *OHANNESBURG AND IT IS THE HIGHEST COURT IN 3OUTH !FRICA )T DEALS ONLY WITH CONSTITUTIONAL ISSUES 4HERE ARE #ONSTITUTIONAL #OURT JUDGES BUT CASES ONLY NEED TO BE HEARD BY AT LEAST OF THE JUDGES .O OTHER COURT CAN CHANGE A JUDGMENT OF THE #ONSTITUTIONAL #OURT %VEN PARLIAMENT CANNOT CHANGE THE DECISIONS OF THE #ONSTITUTIONAL #OURT )F THE #ONSTITUTIONAL #OURT MAKES A DECISION THAT SAYS A LAW MUST BE AMENDED OR IT CANNOT BE PASSED BECAUSE IT IS UNCONSTITUTIONAL 0ARLIAMENT CAN DECIDE TO CHANGE THE LAW IN ORDER TO MAKE IT CONSTITUTIONAL
4(% 3502%-% #/524 /& !00%!, 4HE 3UPREME #OURT OF !PPEAL IS IN "LOEMFONTEIN IN THE &REE 3TATE %XCEPT FOR THE #ONSTITUTIONAL #OURT THIS IS THE HIGHEST COURT IN 3OUTH !FRICA )T ONLY HEARS !00%!,3 FROM THE (IGH #OURT !LL CASES IN THE 3UPREME #OURT OF !PPEAL ARE HEARD BY THREE OR FIVE JUDGES %XCEPT FOR THE #ONSTITUTIONAL #OURT NO OTHER COURT CAN CHANGE A JUDGMENT OF THE 3UPREME #OURT OF !PPEAL /NLY THE 3UPREME #OURT OF !PPEAL CAN CHANGE ONE OF ITS OWN DECISIONS "UT IF PARLIAMENT DOES NOT LIKE THE WAY THE 3UPREME #OURT OF !PPEAL INTERPRETED A LAW THEN PARLIAMENT CAN CHANGE THAT LAW IF THE MAJORITY VOTE FOR THIS
4(% #/5243 ). 3/54( !&2)#! !.$ !00%!, !.$ 2%6)%7 02/#%$52%3
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2%')/.!, #/5243 CRIMINAL CASES &!-),9 #/5243 $)342)#4 #/5243 CRIMINAL CIVIL CASES
!00%!, OR 2%6)%7 -!')342!4%3 #/5243
-!).4%.!.#% #/5243 *56%.),% #/5243 #(),$2%.3 #/5243 %15!,)49 #/5243 ONLY IF DESIGNATED BY THE -INISTER OF *USTICE
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4(% ()'( #/5243 4HE (IGH #OURTS CAN HEAR ANY TYPE OF CRIMINAL OR CIVIL CASE 4HE (IGH #OURTS USUALLY HEAR ALL THE CASES THAT ARE TOO SERIOUS FOR A -AGISTRATEgS #OURT )T ALSO HEARS APPEALS AND REVIEWS AGAINST JUDGMENTS IN THE -AGISTRATEgS #OURT !LL CASES IN THE (IGH #OURTS ONLY ONE JUDGE HEARS THE CASE 3OMETIMES IN VERY SERIOUS CRIMINAL CASES THE JUDGE APPOINTS TWO ASSESSORS TO HELP ADVISE THE JUDGE !SSESSORS ARE USUALLY ADVOCATES OR RETIRED MAGISTRATES
7(%2% !2% 4(% ()'( #/5243 "OPHUTHATSWANA (IGH #OURT 6ENDA (IGH #OURT 4RANSVAAL (IGH #OURT &REE 3TATE (IGH #OURT +WA:ULU .ATAL (IGH #OURT %ASTERN #APE (IGH #OURT 4RANSKEI (IGH #OURT #ISKEI (IGH #OURT .ORTHERN #APE (IGH #OURT 7ESTERN #APE (IGH #OURT
-MABATHO 4OYANDOU 0RETORIA "LOEMFONTEIN 0IETERMARITZBURG 'RAHAMSTOWN 5MTATA "ISHO +IMBERLEY #APE 4OWN
,/#!, $)6)3)/.3 $URBAN AND #OAST 7ITWATERSRAND 3OUTH %ASTERN #APE #ISKEI (IGH #OURT .ORTHERN #APE (IGH #OURT 7ESTERN #APE (IGH #OURT
$URBAN *OHANNESBURG 0ORT %LIZABETH "ISHO +IMBERLEY #APE 4OWN
!00%!,3 !.$ 2%6)%73 &2/- ! ()'( #/524 4O APPEAL AGAINST A COURTgS DECISION MEANS TO ASK A HIGHER COURT TO CONSIDER THE EVIDENCE AGAIN AND SEE WHETHER THE LOWER COURT WAS WRONG IN ITS DECISION )F YOUR CASE WAS DECIDED BY ONLY ONE JUDGE YOU CAN ALSO APPEAL TO HAVE THE MATTER CONSIDERED AGAIN IN THE SAME COURT BY THREE JUDGES CALLED A FULL BENCH )F YOU WANT TO APPEAL AGAINST A DECISION OF A (IGH #OURT TO THE 3UPREME #OURT OF !PPEAL YOU MUST FIRST GET PERMISSION TO APPEAL FROM THAT (IGH #OURT 4HIS PERMISSION IS CALLED gLEAVE TO APPEALg %8!-0,%
'%44).' ,%!6% 4/ !00%!,
)F YOUR CASE WAS HEARD IN THE +WA:ULU .ATAL (IGH #OURT THEN YOU MUST APPLY TO THE SAME (IGH #OURT FOR LEAVE TO APPEAL TO THE 3UPREME #OURT OF !PPEAL )F THIS PERMISSION IS REFUSED YOU CAN ASK THE 3UPREME #OURT OF !PPEAL ITSELF FOR PERMISSION TO APPEAL
)F YOU THINK THAT THE PROCEEDINGS IN THE (IGH #OURT WERE UNFAIR OR NOT ACCORDING TO THE LAW YOU CAN ASK FOR A REVIEW 2EVIEWS HAPPEN AUTOMATICALLY IN CERTAIN CIRCUMSTANCES )N OTHER CASES YOU HAVE TO ASK FOR A REVIEW
-!')342!4%g3 #/5243 4HESE ARE THE LOWER COURTS THAT DEAL WITH THE LESS SERIOUS CRIMINAL AND CIVIL CASES 4HE 2EGIONAL -AGISTRATES COURTS ONLY DEAL WITH CRIMINAL CASES WHEREAS THE DISTRICT ORDINARY MAGISTRATES COURTS DEAL WITH CRIMINAL AND CIVIL CASES 4HE MAGISTRATE MAKES THE DECISIONS IN A -AGISTRATEgS #OURT SOMETIMES WITH THE SUPPORT OF LAY ASSESSORS -AGISTRATEgS #OURTS CAN BE DIVIDED INTO EITHER CRIMINAL COURTS OR CIVIL COURTS 3EE PAGE #HART 4HE COURTS IN 3OUTH !FRICA AND APPEAL OR REVIEW PROCEDURES
#2)-).!, #/5243 )N #RIMINAL #OURTS THE STATE PROSECUTES PEOPLE FOR BREAKING THE LAW #RIMINAL #OURTS CAN ALSO BE DIVIDED INTO TWO GROUPS
s 2EGIONAL -AGISTRATEgS #OURTS s /RDINARY -AGISTRATEgS #OURTS ALSO CALLED $ISTRICT #OURTS
2%')/.!, -!')342!4%g3 #/5243 2EGIONAL -AGISTRATEgS #OURTS DEAL WITH MORE SERIOUS CRIMES THAN THE ORDINARY -AGISTRATEgS #OURTS FOR EXAMPLE MURDER RAPE ARMED ROBBERY AND SERIOUS ASSAULT )N TERMS OF THE #RIMINAL ,AW 3ENTENCING !MENDMENT !CT .O OF A 2EGIONAL -AGISTRATES #OURT CAN SENTENCE A PERSON WHO HAS BEEN FOUND GUILTY OF OFFENCES THAT INCLUDE MURDER OR RAPE TO IMPRISONMENT FOR LIFE 4HE #OURT CAN ALSO SENTENCE PEOPLE WHO HAVE BEEN FOUND GUILTY OF CERTAIN OFFENCES SUCH AS ARMED ROBBERY OR STEALING A MOTOR VEHICLE TO PRISON FOR A PERIOD UP TO YEARS ! 2EGIONAL -AGISTRATES #OURT CAN IMPOSE A MAXIMUM FINE OF 2 4HE 2EGIONAL #OURTS DO NOT DEAL WITH CIVIL CASES
$)342)#4 /2$).!29 -!')342!4%g3 #/5243 4HESE COURTS TRY THE LESS SERIOUS CRIMES 4HEY CANNOT TRY CASES OF MURDER TREASON RAPE TERRORISM OR SABOTAGE 4HEY CAN SENTENCE A PERSON TO A MAXIMUM PRISON SENTENCE OF YEARS PER OFFENCE OR A MAXIMUM FINE OF 2
*56%.),% #/5243 ! JUVENILE IS A CHILD UNDER THE AGE OF YEARS #HILDREN ACCUSED OF CRIMES ARE NORMALLY TRIED IN THE ORDINARY CRIMINAL -AGISTRATEgS #OURTS BUT IN THE LARGER CITIES SPECIAL -AGISTRATEgS #OURTS ARE SET ASIDE AS *UVENILE #OURTS #OURT CASES INVOLVING JUVENILES ARE NOT OPEN TO THE PUBLIC AND IF POSSIBLE THE PARENTS SHOULD BE PRESENT 3OMETIMES DURING THE TRIAL OF A JUVENILE THE COURT MIGHT SEND THE CHILD TO THE #HILDRENgS #OURT 3EE PAGE #HILDRENS #OURTS 4HIS WILL HAPPEN IF THE COURT THINKS THAT THE CHILDgS PARENTS OR GUARDIAN MAY BE UNFIT OR UNABLE TO LOOK AFTER THE CHILD OR IF THERE ARE NO PARENTS OR GUARDIAN )F THE #HILDRENgS #OURT DECIDES THAT THE PARENTS ARE FIT AND ABLE TO LOOK AFTER THE CHILD THEN THE CASE IS REFERRED BACK TO THE CRIMINAL COURT AND THE TRIAL WILL CONTINUE )F THE #HILDRENgS #OURT FINDS THAT THERE ARE NO PARENTS OR GUARDIAN OR THAT THE PARENTS OR GUARDIAN ARE NOT FIT OR ABLE TO LOOK AFTER THE CHILD PROPERLY THEN THE COURT MAY ORDER THAT THE CHILD BE REMOVED TO A gPLACE OF SAFETYg )F THE CHILD IS TRANSFERRED FROM THE CRIMINAL JUVENILE COURT TO THE #HILDRENS #OURT THE CRIMINAL TRIAL MUST WAIT UNTIL THE #HILDRENS #OURT COMES TO A DECISION 3EE PAGE 2EMOVING CHILDREN FROM ABUSE OR NEGLECT
#)6), #/5243 4HE ORDINARY -AGISTRATEgS #OURTS CAN HEAR CIVIL CASES WHEN THE CLAIMS ARE FOR LESS THAN 2 ALTHOUGH CERTAIN !CTS OF 0ARLIAMENT MIGHT PRESCRIBE A HIGHER MAXIMUM IN CERTAIN INSTANCES 4HESE CIVIL COURTS CANNOT DEAL WITH CERTAIN MATTERS SUCH AS s DIVORCE s ARGUMENTS ABOUT A PERSONgS WILL s MATTERS WHERE IT IS ASKED IF A PERSON IS INSANE
-!).4%.!.#% #/5243 4HE -AINTENANCE #OURT IS SITUATED IN THE -AGISTRATEgS #OURT -OTHERS WHO DO NOT GET SUPPORT FOR THEIR CHILDREN FROM FATHERS CAN GO THERE TO CLAIM MAINTENANCE FROM THE FATHERS 4HERE IS A -AINTENANCE /FFICER IN CHARGE WHO HELPS WITH CLAIMS )T IS NOT NECESSARY TO HAVE A ATTORNEY TO CLAIM MAINTENANCE 4HE -AINTENANCE /FFICER HELPS PEOPLE FILL IN THE NECESSARY FORMS )F THE FATHER OF THE CHILD REFUSES TO PAY MAINTENANCE THEN THE CASE MUST GO TO THE -AINTENANCE #OURT )F SO THE -AINTENANCE /FFICER WILL GIVE DETAILS ON WHEN TO APPEAR IN COURT AND WHICH COURT TO GO TO 3EE PAGE 0ROBLEM 'ETTING MAINTENANCE THROUGH THE -AINTENANCE #OURT
&!-),9 #/5243 4HE &AMILY #OURT COMBINES ISSUES OF MAINTENANCE CHILDREN CUSTODY AND GUARDIANSHIP AND DIVORCE 4HESE COURTS ARE BEING PILOT TESTED IN DIFFERENT PARTS OF THE COUNTRY )F THERE IS NO &AMILY #OURT IN YOUR AREA YOU WILL STILL HAVE TO USE THE (IGH #OURT 3EE PAGE &AMILY COURTS AND PAGE 0ROBLEM 'ETTING A DIVORCE
#(),$2%.3 #/5243 %VERY DISTRICT ORDINARY MAGISTRATES COURT ALSO ACTS AS A #HILDRENS #OURT AND HAS JURISDICTION ON ANY MATTER ARISING FROM THE APPLICATION OF THE #HILDRENS !CT .O OF 4HE #HILDRENS #OURT CAN DECIDE ON CASES THAT INVOLVE s THE PROTECTION AND WELL BEING OF A CHILD s THE CARE OF OR CONTACT WITH A CHILD s PATERNITY OF A CHILD s SUPPORT OF A CHILD s THE PROVISION OF EARLY CHILDHOOD DEVELOPMENT SERVICES OR PREVENTION OR EARLY INTERVENTION SERVICES s MALTREATMENT ABUSE NEGLECT DEGRADATION OR EXPLOITATION OF A CHILD s THE TEMPORARY SAFE CARE OF A CHILD s ALTERNATIVE CARE OF A CHILD s THE ADOPTION OF A CHILD INCLUDING AN INTER COUNTRY ADOPTION s A CHILD AND YOUTH CARE CENTRE A PARTIAL CARE FACILITY OR A SHELTER OR DROP IN CENTRE s ANY OTHER MATTER RELATING TO THE CARE PROTECTION OR WELL BEING OF A CHILD PROVIDED FOR IN THE #HILDRENS !CT 3EE PAGE 3UMMARY OF THE #HILDRENS !CT
%15!,)49 #/5243 %QUALITY COURTS HAVE BEEN ESTABLISHED IN TERMS OF THE 0ROMOTION OF %QUALITY AND 0REVENTION OF 5NFAIR $ISCRIMINATION !CT ALSO CALLED THE %QUALITY !CT TO HEAR CASES ABOUT UNFAIR DISCRIMINATION HATE SPEAK OR HARASSMENT BUT NOT DISCRIMINATION IN THE WORKPLACE WHICH IS DEALT WITH BY THE ,ABOUR #OURTS 4HE %QUALITY #OURTS WILL BE BASED IN MAGISTRATES COURTS AND IN THE (IGH #OURTS 4HE $EPARTMENT OF *USTICE WEBSITE WWWDOJGOVZA HAS THE MAIN CONTACT DETAILS FOR ALL THE 0ROVINCES 4HEY WILL HAVE POWERS TO CONCILIATE AND MEDIATE GRANT INTERDICTS ORDER PAYMENT OF DAMAGES OR ORDER A PERSON TO MAKE AN APOLOGY !NY PERSON OR AN ASSOCIATION ACTING ON ITS OWN BEHALF OF ON BEHALF OF OTHERS CAN BRING A CASE TO THE %QUALITY #OURT &OR EXAMPLE A NON GOVERNMENTAL ORGANISATION .'/ CAN BRING A CASE ON BEHALF OF THE PUBLIC 9OU ARE ENTITLED TO BRING A CASE TO THE %QUALITY #OURT IF YOU FEEL THE BAD TREATMENT YOU OR SOMEONE ELSE RECEIVED WAS DUE TO SOMEONE DISCRIMINATING AGAINST YOU ON ONE OF THE FOLLOWING GROUNDS s RACE s GENDER s SEX s PREGNANCY s MARITAL STATUS WHICH INCLUDES LIFE PARTNERSHIPS AS WELL AS SINGLE PERSONS s ETHNIC OR SOCIAL ORIGIN s COLOUR s SEXUAL ORIENTATION s AGE
s DISABILITY s RELIGION CONSCIENCE BELIEF s CULTURE s LANGUAGE OR s BIRTH
#/--5.)49 #/5243 !.$ #/5243 &/2 #()%&3 !.$ (%!$-%. 4HESE COURTS HAVE JURISDICTION TO HEAR CERTAIN MATTERS ON THE LEVEL OF MAGISTRATES COURTS 4HEY ARE DESIGNED TO DEAL WITH CUSTOMARY ISSUES IN TERMS OF CUSTOMARY LAW !N AUTHORISED !FRICAN HEADMAN OR HIS DEPUTY MAY DECIDE CASES USING INDIGENOUS LAW AND CUSTOM FOR EXAMPLE DISPUTES OVER OWNERSHIP OF CATTLE OR LOBOLO BROUGHT BEFORE HIM BY AN !FRICAN AGAINST ANOTHER !FRICAN WITHIN HIS AREA OF JURISDICTION 4HESE COURTS ARE COMMONLY KNOWN AS #HIEFS #OURTS ! PERSON WITH A CLAIM HAS THE RIGHT TO CHOOSE WHETHER TO BRING A CLAIM IN THE CHIEFS COURT OR IN A MAGISTRATES COURT !NYONE WHO IS NOT SATISFIED WITH THE DECISION IN A CHIEFgS OR HEADMANgS COURT CAN TAKE THEIR MATTER TO THE ORDINARY COURTS
!00%!,3 !.$ 2%6)%73 &2/- ! -!')342!4%g3 #/524 )F YOU ARE INVOLVED IN A CRIMINAL OR CIVIL CASE IN A -AGISTRATEgS #OURT YOU CAN ASK THE (IGH #OURT TO LOOK AT THE DECISION OF THE -AGISTRATEgS #OURT AND DECIDE WHETHER IT WAS CORRECT 4HIS IS CALLED AN APPEAL )F YOU WANT TO APPEAL AGAINST A DECISION OF A -AGISTRATEgS #OURT YOU MUST FIRST GET PERMISSION TO APPEAL FROM THAT -AGISTRATEgS #OURT 4HIS PERMISSION IS CALLED gLEAVE TO APPEALg )F THIS PERMISSION IS REFUSED YOU CAN ASK THE (IGH #OURT ITSELF FOR PERMISSION TO APPEAL )F YOU THINK THAT THE PROCEEDINGS IN THE -AGISTRATEgS #OURT WERE UNFAIR OR NOT ACCORDING TO THE LAW YOU CAN ASK THE (IGH #OURT TO REVIEW THE CASE 2EVIEWS HAPPEN AUTOMATICALLY IN CERTAIN CIRCUMSTANCES )N OTHER CASES YOU HAVE TO ASK FOR A REVIEW 3EE PAGE 4RIALS APPEALS AND REVIEWS
3-!,, #,!)-3 #/5243 3##3 3##S ARE SITUATED IN THE MAGISTRATES COURTS )F THERE IS NO 3## IN YOUR AREA YOU MUST BRING YOUR CASE IN THE -AGISTRATES #OURT 4HE 3## IS EASIER AND CHEAPER FOR PEOPLE TO USE TO SETTLE DISPUTES 4HE COURT CHARGES A SMALL FEE TO COVER THE COST OF THE SUMMONS AND THE FEE OF THE 3HERIFF OF THE #OURT ! #OMMISSIONER PRESIDES OVER THE PROCEEDINGS AND DECIDES WHO IS RIGHT AND WHO IS WRONG 9OU CANNOT USE A ATTORNEY IN THE 3## BUT YOU CAN GET ADVICE FROM A PARALEGAL OR A ATTORNEY TO PREPARE FOR YOUR CASE IN THE 3## 9OU CAN ONLY USE THE 3## FOR CLAIMS UP TO A VALUE OF 2 )F YOU CLAIM IS FOR MORE THAN 2 YOU CAN GIVE UP PART OF THE CLAIM SO THAT IT IS 2 OR LESS 3EE PAGE 3MALL #LAIMS #OURT
4(% ,!"/52 #/524 4HE ,ABOUR #OURT IS A SPECIAL COURT FOR HEARING LABOUR CASES THAT FALL UNDER THE ,ABOUR 2ELATIONS !CT 3O THIS COURT IS USED ONLY FOR MATTERS BETWEEN EMPLOYERS AND WORKERS OR WORKERSg UNIONS 4HE ,ABOUR #OURT INTERPRETS ALL THE LABOUR LAWS )T SAYS WHICH THINGS ARE UNFAIR LABOUR PRACTICES n FOR EXAMPLE DISMISSING A WORKER WITHOUT GIVING NOTICE )T CAN ORDER AN EMPLOYER OR WORKER OR UNION TO STOP COMMITTING AN UNFAIR LABOUR PRACTICE )T CAN GIVE JOBS BACK TO WORKERS WHO HAVE LOST THEIR JOBS UNFAIRLY AND SO ON 4HE ,ABOUR !PPEAL #OURT HEARS APPEALS AGAINST DECISIONS IN THE ,ABOUR #OURT AND THIS IS THE HIGHEST COURT FOR LABOUR APPEALS 3EE PAGE !DJUDICATION BY THE ,ABOUR #OURT
4(% ,!.$ #,!)-3 #/524 4HE ,AND #LAIMS #OURT SPECIALIZES IN DEALING WITH DISPUTES THAT ARISE OUT OF LAWS THAT UNDERPIN 3OUTH !FRICAS LAND REFORM INITIATIVE 4HESE ARE THE 2ESTITUTION OF ,AND 2IGHTS !CT THE ,AND 2EFORM ,ABOUR 4ENANTS !CT AND THE %XTENSION OF 3ECURITY OF 4ENURE !CT 4HE ,## HAS THE SAME STATUS AS THE (IGH #OURTS !NY APPEAL AGAINST A DECISION OF THE ,## LIES WITH THE 3UPREME #OURT OF !PPEAL AND IF APPROPRIATE TO THE #ONSTITUTIONAL #OURT 4HE ,## CAN HOLD HEARINGS IN ANY PART OF THE COUNTRY IF IT THINKS THIS WILL MAKE IT MORE ACCESSIBLE AND IT CAN CONDUCT ITS PROCEEDINGS IN AN INFORMAL WAY IF THIS IS APPROPRIATE
7(/ 7/2+3 ). 4(% ,%'!, 3934%- *UDGES n 4HEY ARE APPOINTED BY THE 0RESIDENT *UDGES HEAR AND DECIDE CASES IN THE #ONSTITUTIONAL #OURT 3UPREME #OURT OF !PPEAL AND (IGH #OURTS !SSESSORS n )N SERIOUS CRIMINAL CASES IN THE (IGH #OURTS TWO ASSESSORS ARE APPOINTED TO HELP THE JUDGE !SSESSORS ARE USUALLY ADVOCATES OR RETIRED MAGISTRATES 4HEY SIT WITH THE JUDGES DURING THE COURT CASE AND GIVE THEIR ADVICE AND OPINIONS -ASTER OF THE (IGH #OURT n 4HE -ASTERgS "RANCH OF THE (IGH #OURT IS THERE TO SERVE THE PUBLIC IN RESPECT OF s $ECEASED %STATES s ,IQUIDATIONS )NSOLVENT %STATES s 2EGISTRATION OF 4RUSTS s 4UTORS AND #URATORS s !DMINISTRATION OF THE 'UARDIANgS &UND MINORS AND MENTALLY CHALLENGED PERSONS -AGISTRATES n 4HEY ARE APPOINTED BY THE -INISTER OF *USTICE 4HEY HEAR AND DECIDE CASES IN THE -AGISTRATEgS #OURTS ,AY ASSESSORS n ,AY ASSESSORS ARE RECRUITED THROUGH COMMUNITY ORGANISATIONS AND ARE GIVEN BASIC TRAINING ON THE LAW AND LEGAL PROCEDURES 4HEY HELP THE MAGISTRATE REACH A FAIR DECISION BY PROVIDING BACKGROUND INFORMATION TO THE ISSUES IN A CASE AND GIVING THE BROADER COMMUNITY PERSPECTIVE $IRECTOR OF PUBLIC PROSECUTIONS !TTORNEY 'ENERAL n !T EACH (IGH #OURT THERE IS A $IRECTOR OF 0UBLIC 0ROSECUTIONS $00 WITH A STAFF OF ASSISTANTS 4HE $00S ARE RESPONSIBLE FOR ALL THE CRIMINAL CASES IN THEIR PROVINCE SO ALL THE PROSECUTORS ARE UNDER THEIR CONTROL 4HE POLICE BRING THE INFORMATION ABOUT A CRIMINAL CASE TO THE $00 4HE $00 THEN DECIDES WHETHER THERE IS GOOD ENOUGH REASON TO HAVE A TRIAL AND TO PROVE IN COURT THAT THE PERSON IS GUILTY .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS n 4HE .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS .$00 IS IN CHARGE OF THE .ATIONAL 0ROSECUTING !UTHORITY .0! WHICH IS RESPONSIBLE FOR MANAGING THE PERFORMANCE OF $IRECTORS OF 0UBLIC 0ROSECUTIONS $00S AND ,OWER #OURTS THROUGHOUT THE COUNTRY 3EE PAGE .ATIONAL 0ROSECUTING !UTHORITY %ACH (IGH #OURT HAS A $IRECTOR OF 0UBLIC 0ROSECUTIONS $00 WITH A STAFF OF ASSISTANTS 4HE $00S ARE RESPONSIBLE FOR ALL THE CRIMINAL CASES IN THEIR PROVINCE SO ALL THE PROSECUTORS FALL UNDER THEIR CONTROL 4HE POLICE BRING THE INFORMATION ABOUT A CRIMINAL CASE TO THE $00 4HE $00 THEN DECIDES WHETHER THERE IS ENOUGH EVIDENCE FOR A TRIAL AND TO PROVE IN COURT THAT THE PERSON IS GUILTY 0ROSECUTORS n 4HEY REPRESENT THE STATE AND THE COMPLAINANT IN A CRIMINAL TRIAL AGAINST PEOPLE WHO ARE ACCUSED OF COMMITTING A CRIME "EFORE THE TRIAL THE PROSECUTOR WORKS WITH THE 3OUTH !FRICAN 0OLICE 3ERVICES TO FIND OUT ALL THE FACTS ABOUT THE CASE AND TO PREPARE STATE WITNESSES WHO SAW WHAT HAPPENED OR WHO HAVE OTHER INFORMATION !TTORNEYS AND !DVOCATES n 7HEN YOU NEED LEGAL HELP YOU CAN HIRE THE SERVICES OF AN ATTORNEY OR ADVOCATE 3EE PAGE 5SING AN ATTORNEY
0UBLIC DEFENDERS n )F A PERSON WHO IS ACCUSED IN A SERIOUS CRIMINAL CASE CANNOT AFFORD TO PAY FOR THEIR OWN ATTORNEY THEIR CASE WILL BE TAKEN UP BY A PUBLIC DEFENDER 0UBLIC DEFENDERS ARE ATTORNEYS WHO ARE PAID FOR BY THE ,EGAL !ID "OARD 0ARALEGALS OR ADVICE GIVERS n 0ARALEGALS ARE PEOPLE WHO HAVE HAD NON DEGREE TRAINING OR INFORMAL TRAINING SO THEY CANNOT ACT IN FORMAL LEGAL PROCEEDINGS 4HEY GIVE ADVICE TO PEOPLE AND ORGANISATIONS ON DIFFERENT ASPECTS OF THE LAW INCLUDING ADVICE ON THEIR RIGHTS AND WAYS OF PROTECTING THEIR RIGHTS
4RIALS APPEALS AND REVIEWS 7(!4 )3 ! 42)!, ! TRIAL IS A COURT HEARING IN A -AGISTRATEgS #OURT OR A (IGH #OURT CALLED THE TRIAL COURT 4HE MAGISTRATE OR JUDGE LISTENS TO ALL THE PEOPLE WHO HAVE INFORMATION ABOUT THE CASE 4HIS INFORMATION IS CALLED THE VERBAL OR ORAL EVIDENCE 4HE COURT ALSO LOOKS AT THE PHYSICAL EVIDENCE FOR EXAMPLE A KNIFE OR A LETTER 4HESE ARE CALLED EXHIBITS IN THE TRIAL 4HE MAGISTRATE OR JUDGE LISTENS TO THE EVIDENCE FROM BOTH SIDES )F IT IS A CRIMINAL TRIAL THE MAGISTRATE OR JUDGE LISTENS TO THE STATE AND ITS WITNESSES AS WELL AS THE CASE OF THE ACCUSED AND THE WITNESSES CALLED BY THE ACCUSED 4HE MAGISTRATE OR JUDGE THEN MAKES A DECISION CALLED A JUDGMENT 3EE PAGE 3TEPS IN A CRIMINAL COURT CASE
7(!4 )3 !. !00%!, )F YOU LOSE A TRIAL YOU CAN APPEAL 4HIS MEANS YOU ASK A HIGHER COURT TO CHANGE THE DECISION OF THE TRIAL COURT 5SUALLY THE APPEAL COURT WILL NOT LISTEN TO ANY NEW EVIDENCE )T WILL ONLY READ THE REPORT FROM THE LOWER COURT TO SEE WHAT EVIDENCE WAS GIVEN ! CASE IN THE -AGISTRATEgS #OURT CAN GO ON APPEAL TO THE NEAREST (IGH #OURT AND THEN TO THE 3UPREME #OURT OF !PPEAL ! CASE HEARD IN A (IGH #OURT CAN GO DIRECTLY ON APPEAL TO THE 3UPREME #OURT OF !PPEAL 4HE 3UPREME #OURT OF !PPEAL ONLY LISTENS TO APPEALS n IT DOES NOT LISTEN TO ANY NEW TRIALS )N A CIVIL CASE THE PERSON WHO LOSES THE CASE MUST USUALLY PAY THE COSTS OF THE PERSON THAT WINS 3O IF YOU LOSE THE APPEAL YOU USUALLY HAVE TO PAY THE LEGAL COSTS OF THE OTHER PARTY FOR BOTH THE TRIAL AND THE APPEAL )N A CRIMINAL APPEAL YOU PAY YOUR OWN LEGAL COSTS WHETHER YOU WIN OR LOSE )T IS VERY EXPENSIVE TO TAKE A CASE ON APPEAL 3EE PAGE #HART 4HE COURTS IN 3OUTH !FRICA AND APPEAL AND REVIEW PROCEDURES PAGE !PPEALS AND REVIEWS FROM A (IGH #OURT PAGE !PPEALS AND REVIEWS FROM A -AGISTRATES #OURT PAGE 4AKING A JUDGEMENT ON REVIEW IN A 3MALL #LAIMS #OURT PAGE !DJUDICATION APPEALS IN A ,ABOUR #OURT
7(!4 )3 ! 2%6)%7 ! HIGHER COURT CAN ALSO BE USED FOR A REVIEW )F YOU THINK PROCEEDINGS IN A -AGISTRATEgS #OURT OR (IGH #OURT WERE UNFAIR FOR EXAMPLE THE MAGISTRATE OR JUDGE WAS BIASED OR NOT DONE ACCORDING TO THE LAW YOU CAN TAKE THE CASE ON REVIEW TO A HIGHER COURT
!54/-!4)# 2%6)%7 !N AUTOMATIC REVIEW n WHERE YOU DONT ASK FOR THE REVIEW n TAKES PLACE IN THE FOLLOWING CIRCUMSTANCES s )N A CRIMINAL CASE A JUDGE WILL REVIEW YOUR CASE AUTOMATICALLY IF YOU DO NOT HAVE A ATTORNEY AND THE SENTENCE IS MORE THAN MONTHS IN PRISON OR THE FINE MORE THAN 2 4HAT MEANS THE JUDGE WILL DECIDE IF THE MAGISTRATE MADE THE RIGHT JUDGMENT ACCORDING TO THE LAW
s )F YOU DO NOT HAVE A ATTORNEY IN A CRIMINAL CASE AND YOUR SENTENCE IS MORE THAN MONTHS IN PRISON OR A FINE OF MORE THAN 2 !.$ YOU ARE SENTENCED BY A MAGISTRATE WHO HAS WORKED FOR LESS THAN SEVEN YEARS AS A MAGISTRATE THEN YOUR CASE WILL ALSO AUTOMATICALLY BE REVIEWED BY A JUDGE
!3+).' &/2 ! 2%6)%7 )F YOU THINK THINGS DID NOT HAPPEN IN THE RIGHT WAY IN THE COURT THEN YOU YOURSELF CAN ASK FOR A REVIEW 4HIS MEANS YOU CAN ASK FOR A REVIEW IF YOU THINK THAT THE COURT PROCEDURES WERE UNFAIR OR IRREGULAR &OR EXAMPLE s YOU MAY THINK THAT THE MAGISTRATE OR THE JUDGE DID NOT GIVE YOU A PROPER CHANCE TO EXPLAIN YOURSELF CLEARLY s YOU MAY THINK THAT THE JUDGE OR THE MAGISTRATE WAS AGAINST YOU EVEN BEFORE THE CASE WAS FINISHED )F YOU ASK FOR A REVIEW YOUR ATTORNEY MUST GIVE PAPERS TO THE COURTS TO SHOW WHY YOU FEEL THE JUDGMENT SHOULD BE REVIEWED
/54#/-% /& 4(% 2%6)%7 4HE HIGHER COURT MAY CHANGE THE JUDGMENT OR MAY CORRECT THE PROCEDURES OR MAY SAY THAT THERE MUST BE A NEW TRIAL
3ETTLING DISPUTES OUTSIDE OF COURT -ANY LEGAL PROBLEMS CAN BE SETTLED WITHOUT GOING TO COURT AND THIS IS USUALLY A FAR CHEAPER OPTION FOR SETTLING DISPUTES $IFFERENT WAYS OF TRYING TO SOLVE DISPUTES WITHOUT GOING TO ANY OF THE COURTS INCLUDE NEGOTIATION MEDIATION AND ARBITRATION 3EE PAGE 0ROBLEM 7HICH COURT SHOULD BE USED IN EACH EXAMPLE .EGOTIATION n .EGOTIATION MEANS THAT PEOPLE WHO HAVE A PROBLEM TALK TO EACH OTHER ABOUT THEIR PROBLEM AND TRY TO SOLVE IT BY COMING UP WITH A SOLUTION WHICH SUITS BOTH SIDES 3EE PAGE .EGOTIATION 3KILLS -EDIATION n -EDIATION HAPPENS WHEN PEOPLE WITH A PROBLEM AGREE TO HAVE A THIRD PERSON ACT AS A GO BETWEEN TO HELP THEM SETTLE THEIR PROBLEM &OR EXAMPLE TWO NEIGHBOURS WHO ARE ALWAYS FIGHTING ABOUT NEIGHBOUR ISSUES CAN USE A MEDIATOR TO ACT AS A GO BETWEEN AND HELP THEM REACH A COMPROMISE 4HE MEDIATOR DOES NOT ACT AS A JUDGE AND DOES NOT MAKE A DECISION WHICH THE PARTIES MUST FOLLOW 3EE PAGE -EDIATION PAGE #ONCILIATION BY THE ##-! OR "ARGAINING #OUNCIL !RBITRATION n !RBITRATION TAKES PLACE WHEN PEOPLE WHO HAVE A PROBLEM AGREE TO HAVE A THIRD PERSON CALLED AN ARBITRATOR LISTEN TO THEIR ARGUMENTS AND MAKE A DECISION WHICH BOTH PARTIES AGREE IN ADVANCE TO FOLLOW 3O THE ARBITRATOR ACTS LIKE A JUDGE !N ARBITRATION IS QUICKER AND LESS FORMAL THAN A COURT CASE 3EE PAGE !RBITRATION PAGE !RBITRATION BY THE ##-! OR "ARGAINING #OUNCIL
4HE CRIMINAL COURTS AND CRIMINAL CASES #RIMINAL CASES MUST FOLLOW CERTAIN LAWS AND RULES 4HESE ARE REFERRED TO AS CRIMINAL LAWS AND PROCEDURES 4HEY DEFINE WHAT MUST HAPPEN BEFORE A CASE GETS TO COURT THE ROLE AND POWERS OF THE POLICE IN THIS PROCESS WHAT HAPPENS IN COURT AND WHAT HAPPENS AT THE END OF THE COURT CASE
0/,)#% 0/7%23 0/7%23 /& 4(% 0/,)#% 4/ 15%34)/. )F YOU ARE DRIVING A CAR MOTORCYCLE OR OTHER VEHICLE THE POLICE CAN ASK YOU TO STOP AT ANY TIME GIVE YOUR NAME AND ADDRESS AND SHOW YOUR DRIVERgS LICENCE )F YOU REFUSE TO DO ANY OF THESE THINGS YOU CAN BE CHARGED
4HE POLICE CAN ASK YOU TO PRODUCE YOUR )$ BOOK AT ANY TIME AND YOU MUST DO THIS 4HEY CAN QUESTION ANYONE WITHOUT ARRESTING THEM "UT WHETHER A PERSON HAS TO ANSWER THE POLICEgS QUESTIONS DEPENDS ON THE CIRCUMSTANCES 4HE POLICE MAY ASK YOU TO GIVE YOUR FULL NAME AND ADDRESS IF THEY s SUSPECT YOU OF COMMITTING A CRIME s SUSPECT YOU OF TRYING TO COMMIT A CRIME s THINK THAT YOU MIGHT BE ABLE TO GIVE THEM SOME INFORMATION ABOUT A CRIME "UT YOU CAN ASK THE POLICE OFFICER FOR HIS OR HER IDENTITY DOCUMENT )F THE POLICE OFFICER REFUSES YOU NEED NOT GIVE YOUR NAME AND ADDRESS )F THE POLICE OFFICER PRODUCES HIS OR HER )$ THEN YOU MUST GIVE YOUR NAME AND ADDRESS )T IS A CRIME NOT TO GIVE YOUR NAME AND ADDRESS AND YOU CAN BE FINED OR GIVEN A PRISON SENTENCE IF YOU REFUSE 3EE PAGE 0ROBLEM 2EFUSING TO GIVE YOUR NAME OR ADDRESS TO THE POLICE )F THE POLICE OFFICER ASKS YOU ANY OTHER QUESTIONS IT IS YOUR RIGHT NOT TO ANSWER THESE QUESTIONS )T IS ALSO YOUR RIGHT TO SAY THAT YOU WILL ONLY ANSWER OTHER QUESTIONS IF YOUR ATTORNEY IS PRESENT 4HE POLICE MIGHT ASK YOU TO GO TO A POLICE STATION TO MAKE A STATEMENT 9OU HAVE THE RIGHT TO REFUSE TO GO "UT THE POLICE MAY THEN DECIDE TO ARREST YOU 9OU MUST THEN GO TO THE POLICE STATION WITH THEM BUT YOU STILL HAVE THE RIGHT TO REFUSE TO MAKE A STATEMENT EVEN IF YOU ARE UNDER ARREST 3EE PAGE 0OWERS OF THE POLICE TO ARREST
0/7%23 /& 4(% 0/,)#% 4/ 3%!2#( !.$ 3%):% 9OU HAVE A RIGHT TO KEEP YOUR BODY AND PROPERTY PRIVATE "UT SOMETIMES THE POLICE NEED TO COLLECT EVIDENCE AGAINST CRIMINALS SO THEY ARE ALLOWED TO SEARCH YOU 4HEY CAN TAKE THINGS AWAY WHICH IS CALLED SEIZING 4HERE ARE TWO WAYS OF SEARCHING AND SEIZING PROPERTY 4HESE ARE
3%!2#( 7)4( ! 3%!2#( 7!22!.4 4HE POLICE GET LEGAL PERMISSION FOR A SEARCH )T IS USUALLY SIGNED BY A MAGISTRATE )T MUST DESCRIBE THE PERSON OR THE PLACE TO BE SEARCHED AND THE THINGS WHICH THE POLICE WILL SEIZE 4HE POLICE MUST CARRY OUT THE SEARCH BY DAY UNLESS THE WARRANT SAYS THEY CAN SEARCH AT NIGHT 4HE POLICE CAN ONLY SEARCH THE PEOPLE AND PROPERTY MENTIONED IN THE WARRANT AND THEY CAN ONLY SEIZE THE THINGS MENTIONED IN THE WARRANT )F THE POLICE ARE ABOUT TO SEARCH YOU OR SEIZE YOUR PROPERTY YOU CAN DEMAND TO SEE THE SEARCH WARRANT ! SPECIAL TYPE OF SEARCH WARRANT CAN BE ISSUED ALLOWING THE POLICE TO ENTER ANY PLACE OR PREMISES IF THEY THINK THAT A MEETING HELD ON THE PREMISES THREATENS STATE SECURITY OR IF THEY THINK THAT ANY OFFENCE WAS COMMITTED OR PLANNED ON THE PREMISES
3%!2#( 7)4(/54 ! 3%!2#( 7!22!.4 4HE POLICE DO NOT NEED A SEARCH WARRANT TO SEARCH IF s YOU AGREE TO LET THEM SEARCH YOU s THE POLICE HAVE REASONABLE GROUNDS FOR THINKING THAT A MAGISTRATE WOULD ISSUE A WARRANT BUT THAT THE DELAY IN GETTING THE WARRANT WOULD GIVE YOU TIME TO GET RID OF THE EVIDENCE s YOU ARE ARRESTED s THE SEARCH IS AT A ROADBLOCK BUT THEY MUST STILL HAVE REASONABLE GROUNDS FOR THINKING THAT A MAGISTRATE WOULD ISSUE A WARRANT s THE POLICE SUSPECT THAT YOU HAVE DRUGS OR DAGGA ILLEGAL LIQUOR GUNS OR AMMUNITION OR STOLEN CROPS OR ANIMALS WITH YOU
s THE POLICE REASONABLY SUSPECT YOU HAVE INFORMATION THAT CAN HELP AN INVESTIGATION 4HEN THEY CAN ENTER YOUR PROPERTY TO QUESTION YOU BUT THEY MUST ALWAYS FIRST ASK FOR YOUR CONSENT TO SEARCH OR ENTER YOUR PROPERTY 4HE POLICE CAN USE FORCE TO ENTER PREMISES IF YOU REFUSE TO ALLOW THEM IN AND THEY ASKED YOU IF THEY COULD ENTER ! POLICEMAN CAN ONLY SEARCH MEN ./4 WOMEN 7OMEN CAN ONLY BE SEARCHED BY POLICEWOMEN OR ANY OTHER WOMAN THAT THE POLICE ASK TO DO THE SEARCHING )F YOUR PREMISES ARE UNLAWFULLY SEARCHED OR IF YOU ARE ABUSED DURING A SEARCH YOU CAN SUE THE -INISTER OF 3AFETY AND 3ECURITY )F THE POLICE GET EVIDENCE AGAINST YOU BY GOING AGAINST ANY OF YOUR RIGHTS THE COURT MAY REFUSE TO HEAR THAT EVIDENCE 3EE PAGE 0ROBLEM 0OLICE MISCONDUCT
0/7%23 /& 4(% 0/,)#% 4/ !22%34 4HE LAW SAYS THAT THE POLICE CAN ONLY ARREST YOU IF s THEY WANT TO CHARGE YOU AND TAKE YOU TO COURT OR s IF YOU ARE A SUSPECT IN A POLICE INVESTIGATION !N ARREST FOR ANY OTHER REASON IS UNLAWFUL &OR EXAMPLE IF THE POLICE ARREST YOU JUST TO SCARE YOU THIS IS UNLAWFUL !N ARREST IS ALSO UNLAWFUL IF THE POLICE DO NOT OBEY THE RULES ABOUT ARREST )F THE POLICE ARREST YOU YOU CAN USUALLY PAY BAIL MONEY TO THE POLICE OR THE COURT AND GO HOME UNTIL THE DATE OF YOUR COURT CASE 3EE PAGE "AIL
!22%34 '%.%2!, 25,%3 3EE PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED $ETAINED AND ACCUSED PERSONS 4HERE ARE TWO WAYS IN WHICH THE POLICE CAN ARREST YOU s WITH A WARRANT OF ARREST s WITHOUT A WARRANT OF ARREST
!RREST WITH A WARRANT 4HE POLICE GET LEGAL PERMISSION USUALLY SIGNED BY A MAGISTRATE TO ARREST YOU ! POLICE OFFICER OF THE RANK OF LIEUTENANT OR HIGHER CAN ALSO SIGN AN ARREST WARRANT 4HE POLICE MUST SHOW YOU THE WARRANT IF YOU ASK TO SEE IT AND THEY MUST GIVE YOU A COPY OF THE WARRANT IF YOU ASK FOR A COPY
!RREST WITHOUT A WARRANT 3OMETIMES THE POLICE CAN ARREST YOU WITHOUT A WARRANT (ERE ARE SOME EXAMPLES OF WHEN THIS CAN HAPPEN s IF YOU ESCAPE OR TRY TO ESCAPE AFTER THE POLICE ARRESTED YOU EARLIER s IF THE POLICE CATCH YOU WHILE YOU ARE COMMITTING A CRIME s IF THE POLICE THINK YOU COMMITTED A SERIOUS CRIME LIKE MURDER RAPE SERIOUS ASSAULT HOUSEBREAKING s IF THE POLICE THINK YOU COMMITTED A DRUG OR LIQUOR OFFENCE s IF THE POLICE FIND YOU AT NIGHT DOING SOMETHING THAT MAKES THEM THINK THAT YOU ARE ABOUT TO COMMIT A CRIME OR HAVE ALREADY COMMITTED A CRIME s IF THE POLICE THINK YOU HAVE NOT PAID A FINE WHICH A COURT ORDERED YOU TO PAY s IF YOU TRY TO STOP THE POLICE FROM DOING THEIR DUTY s IF THE POLICE THINK YOU HAVE GUNS OR AMMUNITION WITHOUT A LICENCE s IF YOU ARE CARRYING ANY OTHER DANGEROUS WEAPON AND YOU CANgT GIVE A GOOD REASON TO THE POLICE
s IF THE COURT SAID YOU MUST GO TO PRISON FOR CERTAIN PERIODS FOR EXAMPLE EVERY WEEKEND AND YOU DO NOT GO s IF THE POLICE THINK YOU BROKE THE CONDITIONS OF A SUSPENDED SENTENCE
-!+).' ! ,!7&5, !22%34 4HERE ARE THREE THINGS THE POLICE MUST DO TO MAKE AN ARREST LAWFUL s 4HE POLICE MUST TELL YOU THAT YOU ARE UNDER ARREST n 3OMETIMES THE POLICE ASK YOU TO GO WITH THEM TO THE POLICE STATION WITHOUT SAYING THAT THEY ARE ARRESTING YOU )F YOU GO WITH THEM VOLUNTARILY THEN THEY DO NOT HAVE TO ARREST YOU )T IS YOUR RIGHT NOT TO GO WITH THEM UNLESS THEY ARREST YOU s 4HE POLICE MUST HAVE PHYSICAL CONTROL OVER YOU WHEN THEY ARREST YOU n 4HIS MEANS THE POLICE MUST MAKE SURE YOU CANgT GET AWAY )F YOU DO NOT TRY TO RUN AWAY THE POLICE DO NOT HAVE TO USE FORCE TO CONTROL YOU "UT IF YOU DO TRY TO RUN AWAY THE POLICE CAN USE REASONABLE FORCE TO KEEP CONTROL OF YOU IN OTHER WORDS ONLY AS MUCH FORCE AS IS NECESSARY s 4HE POLICE OFFICER MUST TELL YOU WHY YOU ARE UNDER ARREST n 4HIS MEANS THE POLICE MUST TELL YOU WHAT OFFENCE THEY THINK YOU HAVE COMMITTED
5.,!7&5, !22%34 (ERE ARE SOME EXAMPLES OF UNLAWFUL ARREST s IF THERE WAS NO GOOD REASON TO SUSPECT THAT YOU COMMITTED AN OFFENCE s IF THE PURPOSE OF THE ARREST WAS NOT TO CHARGE YOU BUT JUST TO SCARE YOU s IF THE POLICE OFFICER DID NOT TELL YOU THAT YOU WERE UNDER ARREST AND YOU WERE NOT CAUGHT WHILE COMMITTING AN OFFENCE 3EE PAGE 0ROBLEM 0OLICE MISCONDUCT
53).' &/2#% 4/ -!+% !. !22%34 /2 4/ 34/0 9/5 %3#!0).' &2/- !22%34 4HE LAW SAYS THAT WHEN THE POLICE MAKE A LAWFUL ARREST THEY CAN USE FORCE IF YOU TRY TO FIGHT OR RUN AWAY 4HE LAW SAYS THAT THE AMOUNT OF FORCE MUST BE JUST ENOUGH TO STOP YOU FIGHTING OR RUNNING AWAY 4HE #RIMINAL 0ROCEDURE !CT SECTION DEALS WITH THE RIGHT FOR POLICE OR SOMEONE ENTITLED TO MAKE AN ARREST TO @SHOOT TO KILL IN CERTAIN SITUATIONS 3ECTION OF THE !CT DEALS WITH THE USE OF FORCE TO CARRY OUT AN ARREST 3ECTION SAYS THAT @DEADLY FORCE MAY BE USED IN CERTAIN CIRCUMSTANCES TO CARRY OUT AN ARREST 4HE @SHOOT TO KILL CLAUSE WAS CHALLENGED IN THE #ONSTITUTIONAL #OURT BECAUSE IT WAS HELD TO GO AGAINST A PERSONS RIGHT TO LIFE ;3ECTION OF THE "ILL OF 2IGHTS= AS WELL AS THEIR RIGHT TO HUMAN DIGNITY ;3ECTION OF THE "ILL OF 2IGHTS= AND BODILY INTEGRITY ;3ECTION OF THE "ILL OF 2IGHTS= 4HESE RIGHTS HAD TO BE BALANCED WITH THE INTERESTS OF A JUST CRIMINAL SYSTEM 3EE PAGE 0ROBLEM 0OLICE SHOOT AND INJURE WHILE MAKING AN ARREST )N THE CASE OF 3 V 7ALTERS -AY 7ALTERS AND HIS SON HAD BEEN CHARGED WITH MURDER AFTER THEY SHOT A SUSPECT RUNNING AWAY FROM THEIR BAKERY ONE NIGHT 4HE STATE THE PROSECUTION SAID 7ALTERS HAD NO RIGHT TO KILL A SUSPECT IN THE PROCESS OF CARRYING OUT THE ARREST 4HE #OURT FOUND THAT SECTION MUST BE INTERPRETED TO EXCLUDE THE USE OF A FIREARM UNLESS s THE SUSPECT IS THREATENING TO HARM THE PERSON ARRESTING HIM OR HER OR SOMEONE ELSE OR s THE SUSPECT IS SUSPECTED OF HAVING COMMITTED A SERIOUS CRIME INVOLVING OR THREATENING HARM TO A PERSON 4HE #OURT FOUND THAT THE PROVISIONS IN SECTION ALLOWING THE USE OF @DEADLY FORCE FOR ARRESTS WERE TOO WIDE AND WERE THEREFORE UNCONSTITUTIONAL &OR EXAMPLE USING @DEADLY FORCE IN THE CASE OF A PERSON CAUGHT SHOPLIFTING WOULD NOT BE JUSTIFIABLE 4HE COURT SUMMARISED THE MAIN POINTS REGARDING THE USE OF FORCE TO MAKE ARRESTS UNDER THIS SECTION
s &ORCE CAN ONLY BE USED WHERE IT IS NECESSARY IN ORDER TO CARRY OUT THE ARREST s 7HERE FORCE IS NECESSARY THEN THE LEAST AMOUNT OF FORCE TO CARRY OUT THE ARREST MUST BE USED s 7HEN DECIDING WHAT DEGREE OF FORCE IS REASONABLE AND NECESSARY ALL THE CIRCUMSTANCES MUST BE TAKEN INTO ACCOUNT INCLUDING n THE THREAT OF VIOLENCE FROM THE SUSPECT TO THE ARRESTOR OR SOMEONE ELSE AND n THE NATURE AND CIRCUMSTANCES OF THE OFFENCE COMMITTED BY THE SUSPECT THE FORCE MUST BE PROPORTIONAL TO THE OFFENCE s 3HOOTING A SUSPECT FOR THE SOLE PURPOSE OF MAKING AN ARREST IS ONLY POSSIBLE IN LIMITED CIRCUMSTANCES FOR EXAMPLE WHEN n THERE IS A THREAT OF VIOLENCE FROM THE SUSPECT TO THE ARRESTOR PERSON ARRESTING THEM OR SOMEONE ELSE n THE SUSPECT IS SUSPECTED OF HAVING CAUSED SOMEONE SERIOUS HARM n THERE IS NO OTHER REASONABLE WAY OF CARRYING OUT THE ARREST AT THAT TIME OR LATER n THE ARRESTOR IS ACTING IN SELF DEFENCE OR IN DEFENCE OF ANY OTHER PERSON
5.,!7&5, 53% /& &/2#% (ERE ARE SOME EXAMPLES OF UNLAWFUL USE OF FORCE s IF THE ARREST ITSELF IS UNLAWFUL ANY FORCE THAT THE POLICE USE IS UNLAWFUL s IF YOU DID NOT TRY TO FIGHT OR RUN AWAY AND THE POLICE USED FORCE IN MAKING THE ARREST s IF THE POLICE USED MORE FORCE THAN NECESSARY
!22%34 "9 !. /2$).!29 0%23/. 4HIS IS ALSO CALLED A CITIZENgS ARREST !NY ORDINARY PERSON CAN ARREST YOU WITHOUT A WARRANT OF ARREST IN THESE CASES s IF YOU COMMITTED A SERIOUS OFFENCE OR THE PERSON SUSPECTS THAT YOU COMMITTED A SERIOUS OFFENCE s IF THE PERSON IS REASONABLY SURE THAT YOU COMMITTED AN OFFENCE AND YOU TRY TO RUN AWAY WHEN HE OR SHE TRIES TO ARREST YOU s IF YOU ARE FIGHTING AND SOMEONE MAY BE SERIOUSLY INJURED s IF THE PERSON THINKS YOU WENT INTO ANY FENCED LAND OR A KRAAL SHED OR STABLE INTENDING TO STEAL CROPS OR ANIMALS s IF THE PERSON FINDS YOU WITH SOME ANIMALS OR CROPS WHICH HE OR SHE SUSPECTS THAT YOU STOLE AND YOU CANgT EXPLAIN WHY YOU HAVE THEM s IF THE PERSON IS IN CHARGE OF PREMISES OR IS THE OWNER HE OR SHE CAN ARREST ANYONE WHO COMMITS AN OFFENCE ON THE PREMISES 9OU ARE ALSO AN gORDINARY PERSONg 9OU CAN ARREST OTHER PEOPLE IN THE ABOVE CASES TOO &OR EXAMPLE SOMEONE SNATCHES YOUR BAG IN THE STREET 9OU CHASE AFTER THEM AND CATCH THEM 9OU CAN LAWFULLY ARREST THE PERSON
2)'(43 /& !22%34%$ 0%/0,% )F YOU ARE ARRESTED UNDER THE ORDINARY LAWS YOU HAVE THESE RIGHTS s &ROM THE TIME OF ARREST EVEN BEFORE YOU HAVE BEEN CHARGED YOU HAVE A RIGHT TO SEE YOUR ATTORNEY s 4HE POLICE OFFICER MUST TAKE YOU TO A POLICE STATION AS SOON AS POSSIBLE UNLESS THE WARRANT OF ARREST SAYS THEY MUST TAKE YOU TO SOME OTHER PLACE s 9OU DO NOT HAVE TO ANSWER QUESTIONS BUT YOU MUST GIVE YOUR NAME AND ADDRESS )T IS BEST NOT TO SAY ANYTHING ELSE TO THE POLICE UNTIL YOU SPEAK TO YOUR ATTORNEY
s 7HILE YOU ARE LOCKED UP IN A CELL YOU HAVE THE RIGHTS TO n HAVE FAMILY VISITS n SEE A MINISTER OF RELIGION USUALLY THIS IS A MINISTER WORKING FOR THE GOVERNMENT n SEE A DOCTOR USUALLY THIS IS A GOVERNMENT DOCTOR THE DISTRICT SURGEON OR A PRISON DOCTOR n WEAR YOUR OWN CLOTHES n EXERCISE FOR AT LEAST ONE HOUR A DAY IN THE OPEN AIR n WRITE AND RECEIVE LETTERS n GET ENOUGH PROPERLY PREPARED FOOD AND DRINK s 4HE POLICE MUST TAKE YOU TO COURT WITHIN HOURS AFTER YOUR ARREST )F THE HOURS ENDS AFTER PM ON A WEEKDAY THEN THEY MUST TAKE YOU TO COURT ON THE NEXT DAY BEFORE PM )F THE HOURS ENDS ON A WEEKEND OR A PUBLIC HOLIDAY THEN THEY MUST TAKE YOU TO COURT ON THE FIRST COURT DAY BEFORE PM 4HIS IS USUALLY THE NEXT -ONDAY UNLESS THE -ONDAY IS A PUBLIC HOLIDAY )F THIS DOES NOT HAPPEN THEN IT IS UNLAWFUL FOR THE POLICE TO KEEP YOU IN PRISON 9OU CAN SUE THE POLICE 3EE PAGE 0ROBLEM 9OUR RIGHT TO APPEAR IN #OURT WITHIN HOURS OF ARREST )F THE POLICE GET EVIDENCE AGAINST YOU BY GOING AGAINST ANY OF YOUR RIGHTS THIS EVIDENCE WILL NOT BE ALLOWED IN COURT 3EE PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED $ETAINED AND !CCUSED PERSONS
7(!4 4/ $/ )& 9/5 !2% !22%34%$ s $O NOT STRUGGLE WITH OR SWEAR AT THE POLICE n EVEN IF THE POLICE MADE A MISTAKE s 'IVE THE POLICE YOUR NAME AND ADDRESS n OTHERWISE KEEP QUIET 9OU MUST ALSO SHOW YOUR IDENTITY BOOK IF THEY ASK FOR IT $O NOT DISCUSS YOUR CASE WITH ANYONE AND DO NOT SIGN ANY STATEMENTS ABOUT YOUR CASE s !S SOON AS POSSIBLE AFTER YOU ARRIVE AT THE POLICE STATION SAY THAT YOU WOULD LIKE TO SEE A ATTORNEY )F YOU DO NOT KNOW A ATTORNEY THEN ASK TO SEE YOUR FAMILY !SK THEM TO GET YOU A ATTORNEY )F YOU CANNOT AFFORD A ATTORNEY ASK YOUR FAMILY TO APPLY FOR ,EGAL !ID FOR YOU 3EE PAGE !PPLYING FOR ,EGAL !ID s )F YOU ARE RELEASED ON BAIL ASK FOR YOUR BAIL RECEIPT AND FIND OUT WHEN YOU ARE DUE IN COURT .EVER BE LATE FOR OR MISS A COURT HEARING )F YOU DO NOT ARRIVE IN TIME A WARRANT FOR YOUR ARREST MAY BE ISSUED 9OU MAY ALSO LOSE YOUR BAIL MONEY IF YOU DO NOT GO TO COURT ON THE DAY OF THE COURT HEARING s $O NOT TALK ABOUT YOUR CASE TO ANYONE EXCEPT YOUR ATTORNEY n IF YOU HAVE ONE !SK FOR YOUR ATTORNEY TO BE PRESENT IF YOU ARE QUESTIONED OR TOLD TO ATTEND AN IDENTITY PARADE !N IDENTITY PARADE IS WHEN YOU AND SOME OTHER PEOPLE ARE CALLED TO PARADE IN FRONT OF A WITNESS WHO IS ASKED TO IDENTIFY THE PERSON WHO COMMITTED THE CRIME AGAINST THEM
2%0/24).' ! #!3% /& 0/,)#% -)3#/.$5#4 4/ 4(% ).$%0%.$%.4 #/-0,!).43 $)2%#4/2!4% )#$ 4HE )#$ IS A GOVERNMENT DEPARTMENT THAT WAS ESTABLISHED IN TO INVESTIGATE COMPLAINTS OF BRUTALITY CRIMINALITY AND MISCONDUCT AGAINST MEMBERS OF THE 3OUTH !FRICAN 0OLICE 3ERVICE 3!03 AND THE -UNICIPAL 0OLICE 3ERVICE -03 )T OPERATES INDEPENDENTLY FROM THE 3!03 IN ITS INVESTIGATIONS 9OU CAN REPORT THE FOLLOWING TYPES OF CASES OF MISCONDUCT AGAINST THE 3!03 TO THE )#$ AND THEY WILL DO AN INVESTIGATION s #ONTACT THE )#$ AND GET HOLD OF A ATTORNEY WITHOUT DELAY 4HE )#$ WILL INVESTIGATE THE CASE s DEATHS OF PERSONS IN POLICE CUSTODY OR AS A RESULT OF POLICE ACTION SUCH AS SHOOTING ASSAULT
s DEATHS OF PERSONS IN POLICE CUSTODY OR AS A RESULT OF POLICE ACTION SUCH AS SHOOTING ASSAULT s THE INVOLVEMENT OF 3!03 MEMBERS IN CRIMINAL ACTIVITIES SUCH AS ASSAULT THEFT CORRUPTION ROBBERY RAPE AND ANY OTHER CRIMINAL OFFENCES s POLICE CONDUCT OR BEHAVIOUR WHICH IS PROHIBITED IN TERMS OF THE 3!03 3TANDING /RDERS OR 0OLICE 2EGULATIONS SUCH AS NEGLECT OF DUTIES OR FAILURE TO COMPLY WITH THE POLICE #ODE OF #ONDUCT s DISSATISFACTION COMPLAINTS ABOUT POOR SERVICE GIVEN BY THE POLICE s FAILURE TO ASSIST OR PROTECT VICTIMS OF DOMESTIC VIOLENCE AS REQUIRED BY THE $OMESTIC 6IOLENCE !CT $6! s MISCONDUCT OR OFFENCES COMMITTED BY MEMBERS OF THE -UNICIPAL 0OLICE 3ERVICES -03
7HO MAY LODGE A COMPLAINT s !NY PERSON EITHER AS A VICTIM WITNESS OR REPRESENTATIVE s .ON GOVERNMENTAL AND COMMUNITY BASED ORGANIZATIONS
(OW CAN YOU LODGE A COMPLAINT ! COMPLAINT MAY BE LODGED BY s GOING TO AN )#$ OFFICE 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF THE )#$ OFFICES s TELEPHONING AN )#$ OFFICE s SENDING A LETTER OR E MAIL TO ANY )#$ OFFICE 4HE COMPLAINANT MUST FILL IN A COMPLAINT REGISTRATION FORM &ORM WHICH CAN BE OBTAINED FROM ANY )#$ OFFICE &ORM IS ALSO AVAILABLE ON THE )#$gS WEBSITE AT HTTPWWWICDGOVZA
(OW WILL THE )#$ DEAL WITH YOUR COMPLAINT #ASES THAT INVOLVE DEATHS IN CUSTODY 0OLICE MISCONDUCT FAILURE TO INVESTIGATE FAILURE TO ASSIST BAD TREATMENT OR ACTION WILL BE DEALT WITH AS FOLLOWS s 2EPORT COMPLAINT TO )#$ s )NVESTIGATE AND DISCUSS CASE s !TTEND SCENE OF CRIME s /BTAIN STATEMENTS s ! REPORT WITH RECOMMENDATION TO $IRECTOR OF 0UBLIC 0ROSECUTIONS $00 AND COPY TO 3!03 REPORT TO CLIENTS s 0ROSECUTION OF THE PERSON s #OURT APPEARANCE 3!03 $EPARTMENTAL !CTION 2EPORT TO CLIENTS s #ONVICTIONACQUITTAL 3ANCTIONACQUITTAL 2EPORT TO CLIENTS
#2)-).!, #(!2'%3 7(!4 )3 ! #2)-).!, #(!2'% )N CRIMINAL CASES THE 34!4% BRINGS A CHARGE AGAINST SOMEONE WHO COMMITTED A CRIME SUCH AS MURDER ASSAULT RAPE THEFT DEALING WITH DRUGS OR TRESPASS ! CRIMINAL CASE CAN BE BROUGHT AGAINST ANYONE WHO HAS BROKEN THE LAW 4HIS INCLUDES A MEMBER OF THE POLICE 3!03 OR SOLDIERS IN THE DEFENCE FORCE 3!.$& )F YOU ARE UNLAWFULLY ASSAULTED BY A MEMBER OF THESE SECURITY SERVICES YOU CAN LAY A CRIMINAL CHARGE AGAINST THE PERSON )F YOU HAVE LAID A CHARGE AGAINST A MEMBER OF THE POLICE THEY ARE SOMETIMES RELUCTANT TO TAKE THE COMPLAINT OR INVESTIGATE
THE CASE ,IKEWISE WITH CASES WHICH THEY DONT THINK ARE VERY IMPORTANT THEY MAY REFUSE TO TAKE THE COMPLAINT OR THE POLICE INVESTIGATION IS STOPPED WITHOUT A PROPER EXPLANATION 4HE POLICE CANNOT REFUSE TO TAKE A STATEMENT FROM A PERSON WHO WISHES TO LAY A COMPLAINT 0RESSURE FROM ATTORNEYS OR THE COMMUNITY CAN HELP TO GET THE POLICE TO TAKE AN INVESTIGATION MORE SERIOUSLY 9OU CAN ALSO GET YOUR #OMMUNITY 0OLICE &ORUM TO TAKE UP THE ISSUE 3EE PAGE #OMMUNITY 0OLICE &ORUMS OR YOU CAN REFER THE COMPLAINT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE 3EE PAGE 2EPORTING A CASE OF POLICE MISCONDUCT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE )N A CASE WHERE YOU HAVE BEEN ASSAULTED OR RAPED YOU MUST BE ABLE TO IDENTIFY THE PERSON WHO ASSAULTED OR RAPED YOU )F YOU DO NOT KNOW THE NAME BUT YOU REMEMBER THE FACE YOU MUST BE PREPARED TO POINT THE PERSON OUT AT AN IDENTITY PARADE %VEN IF YOU CANNOT IDENTIFY THE PERSON BY APPEARANCE OR NAME YOU MUST STILL LAY A CHARGE BECAUSE THERE ARE OTHER WAYS TO POSITIVELY LINK A PERSON TO CRIMES OF RAPE AND ASSAULT SUCH AS $.! TESTING OR OTHER FORENSIC EVIDENCE AVAILABLE TO THE POLICE 2EMEMBER THAT IF YOU HAVE LAID A CHARGE AGAINST SOMEONE AND THE PERSON IS CHARGED YOU WILL HAVE TO GIVE EVIDENCE IN COURT 9OU MUST BE VERY SURE OF THE FACTS THAT YOU GIVE TO THE POLICE IN YOUR STATEMENT BECAUSE THE DEFENCE WILL CROSS EXAMINE YOU AND TRY TO CATCH YOU OUT /NLY THE COURTS CAN DECIDE IF YOU OR ANYONE ELSE HAS COMMITTED A CRIME OR NOT )F THE COURT FINDS YOU GUILTY OF COMMITTING A CRIME THEN YOU HAVE TO PAY A FINE OR GO TO JAIL OR GET A SUSPENDED JAIL SENTENCE
4(% .!4)/.!, 02/3%#54).' !54(/2)49 4HE .ATIONAL 0ROSECUTION !UTHORITY .0! IS RESPONSIBLE FOR INSTITUTING CRIMINAL PROCEEDINGS AGAINST A PERSON ON BEHALF OF THE 3TATE )T IS THE .0! THAT DECIDES WHETHER A CASE AGAINST A PERSON IS STRONG ENOUGH TO GO AHEAD IN A CRIMINAL COURT OR NOT 4HE /FFICE OF THE .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS INCLUDES THE .ATIONAL $IRECTOR WHO IS THE HEAD OF THE /FFICE AND MANAGES THE /FFICE $IRECTORS OF 0UBLIC 0ROSECUTIONS )NVESTIGATING $IRECTORS AND 3PECIAL $IRECTORS 4HERE ARE UNITS THAT FALL UNDER THE .0! s .ATIONAL 0ROSECUTION 3ERVICES .03 s $IRECTORATE OF 3PECIAL /PERATIONS $3/ OFTEN REFERRED TO AS THE 3CORPIONS s !SSET &ORFEITURE 5NIT !&5 s 3EXUAL /FFENCES AND #OMMUNITY !FFAIRS 3/#! s 3PECIALISED #OMMERCIAL #RIME 5NIT 3##5 s 7ITNESS 0ROTECTION 5NIT 705 s 0RIORITY #RIMES ,ITIGATION 5NIT 0#,5
7(!4 !2% 9/52 2)'(43 )& 9/5 !2% #2)-).!,,9 02/3%#54%$ s 9OU MUST BE TOLD WHAT THE CHARGE IS AGAINST YOU s 9OU HAVE THE RIGHT TO A QUICK AND PUBLIC TRIAL 9OU MUST BE CHARGED AND TAKEN TO COURT WITHIN HOURS AFTER YOUR ARREST s 9OU HAVE THE RIGHT TO A TRIAL BY AN UNBIASED COURT USUALLY IN THE AREA WHERE THE CRIME WAS COMMITTED s !T THE TRIAL YOU HAVE THE RIGHT TO QUESTION ANY WITNESSES AND THE EVIDENCE USED AGAINST YOU 3EE PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED $ETAINED AND !CCUSED PERSONS
s 9OU HAVE THE RIGHT TO ASK FOR A ATTORNEY )F YOU CANNOT AFFORD A ATTORNEY THE STATE MUST HELP YOU TO APPLY FOR ,EGAL !ID TO PAY FOR A ATTORNEY 9OU HAVE A RIGHT TO ,EGAL !ID IF YOU FACE A SERIOUS CHARGE 3EE PAGE !PPLYING FOR ,EGAL !ID -ANY PEOPLE ARE STILL SENTENCED TO GO TO PRISON WITHOUT BEING DEFENDED BY ATTORNEYS -AKE SURE YOU ASK THE COURT FOR A ATTORNEY OR ,EGAL !ID )F YOU ARE DENIED ANY OF THESE RIGHTS YOU MAY BE ABLE TO TAKE THE #OURTgS DECISION ON REVIEW 3EE PAGE 4RIALS APPEALS AND REVIEW
,!9).' ! #2)-).!, #(!2'% !'!).34 !./4(%2 0%23/. 34%03 ). ,!9).' ! #2)-).!, #(!2'% !'!).34 3/-%/.% %,3%
)F YOU HAVE BEEN INJURED IN ANY WAY IT IS IMPORTANT TO GO TO A DOCTOR OR THE STATE DISTRICT SURGEON FOR A MEDICAL CHECK UP AS SOON AS POSSIBLE
2EPORT YOUR COMPLAINT AT THE CHARGE OFFICE OF THE NEAREST POLICE STATION
-AKE A STATEMENT TO THE POLICE 9OU MUST BE VERY CAREFUL OF WHAT YOU SAY BECAUSE YOU HAVE TO SWEAR UNDER OATH THAT YOU ARE SPEAKING THE TRUTH $O NOT SIGN YOUR STATEMENT IF YOU ARE NOT HAPPY WITH THE WAY THE POLICE HAVE RECORDED IT !SK TO CHANGE IT BEFORE YOU SIGN )T IS NOT UP TO THE POLICE IN THE CHARGE OFFICE TO DECIDE WHETHER A COMPLAINT IS SERIOUS ENOUGH TO BE INVESTIGATED 4HEY -534 TAKE A STATEMENT FROM ANYONE WHO COMES INTO THE POLICE STATION TO MAKE A COMPLAINT
!SK FOR A COPY OF THE STATEMENT BEFORE YOU LEAVE THE CHARGE OFFICE 9OU HAVE THE RIGHT TO GET A COPY
'ET THE POLICE REFERENCE NUMBER 4HIS IS THE POLICE REGISTER NUMBER OF ALL COMPLAINTS MADE AT THE CHARGE OFFICE 4HIS IS YOUR PROOF THAT YOU REPORTED THE CRIME TO THE POLICE 4HE REFERENCE NUMBER IS ALSO CALLED AN /" NUMBER /CCURRENCE "OOK NUMBER OR 6" NOMMER 6OORVALLEBOEKNOMMER
'ET A MEDICAL REPORT )F YOU ARE INJURED AND YOU NEED MEDICAL TREATMENT THE POLICE WILL ASK YOU TO GET A MEDICAL REPORT FORM FILLED IN 4HIS FORM IS CALLED A * MEDICAL REPORT 9OU CAN GO TO YOUR OWN DOCTOR OR TO THE DISTRICT SURGEON TO GET THIS FORM FILLED IN 4HEN YOU MUST TAKE THE COMPLETED FORM BACK TO THE POLICE IN THE CHARGE OFFICE )F YOU CAN IT IS A GOOD IDEA TO MAKE A COPY OF THE FORM AND KEEP THIS
4HE POLICE WILL OPEN A CASE DOCKET AND INVESTIGATE A CRIMINAL CHARGE AGAINST THE PERSON OR PEOPLE WHO YOU HAVE LAID A CHARGE AGAINST 4HE CASE DOCKET IS GIVEN A NUMBER CALLED A #2 NUMBER #RIMINAL 2EGISTER NUMBER OR -2 NOMMER -ISDAADREGISTERNOMMER !SK THE INVESTIGATING OFFICER FOR THE CASE DOCKET NUMBER
#HECK ON PROGRESS BY REGULARLY CONTACTING THE INVESTIGATING OFFICER FOR YOUR CASE 7HENEVER YOU PHONE YOU SHOULD QUOTE THE #2-2 REFERENCE NUMBER )F THERE IS NO PROGRESS WITH A SERIOUS CASE AND YOU ARE NOT SATISFIED THAT THE POLICE ARE DOING EVERYTHING THEY ARE SUPPOSED TO YOU MIGHT WANT TO ASK A ATTORNEY TO PHONE ON YOUR BEHALF )F YOU BELIEVE THE POLICE ARE DELIBERATELY NOT INVESTIGATING A CASE FOR EXAMPLE OF POLICE CORRUPTION OR ASSAULT BY A POLICE OFFICER YOU CAN MAKE A COMPLAINT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE 3EE PAGE 2EPORTING A CASE OF POLICE MISCONDUCT TO 4HE )NDEPENDENT #OMPLAINTS $IRECTORATE AND PAGE 0ROBLEM 0OLICE MISCONDUCT
7(!4 (!00%.3 )& 3/-%/.% ,!93 ! #2)-).!, #(!2'% !'!).34 9/5 4(% ).6%34)'!4)/. )F SOMEONE MAKES A CHARGE AGAINST YOU OR IF THE POLICE SUSPECT THAT YOU COMMITTED A CRIME THEN THEY WILL INVESTIGATE 5SUALLY THIS MEANS THAT THEY ASK QUESTIONS VISIT PLACES SEARCH FOR THINGS AND SO ON
#(!2'% !.$ !22%34 7HEN THE POLICE HAVE ENOUGH REASONS TO THINK THAT YOU COMMITTED THE CRIME THEN THEY WILL CHARGE YOU 4HE CHARGE IS WHAT THEY SAY YOU HAVE DONE WRONG 4HE POLICE MAY ARREST YOU WHEN THEY CHARGE YOU 3OMETIMES THEY MAY EVEN ARREST YOU BEFORE THEY CHARGE YOU )F YOU ARE ARRESTED BUT NOT IMMEDIATELY CHARGED THE LAW SAYS YOU MUST BE BROUGHT BEFORE A -AGISTRATEgS #OURT WITHIN HOURS OF BEING ARRESTED 9OU CAN IMMEDIATELY ASK TO CONTACT A ATTORNEY )F YOU APPEAR BEFORE A -AGISTRATE YOU MAY ASK FOR ,EGAL !ID TO GET A ATTORNEY 3EE PAGE 2IGHTS OF ARRESTED PEOPLE AND PAGE !PPLYING FOR ,EGAL !ID
02)3/.%2g3 &2)%.$ )F YOU DO NOT HAVE A ATTORNEY THEN YOU CAN ASK FOR THE 0RISONERgS &RIEND AS SOON AS YOU GET TO THE COURT %VERY -AGISTRATEgS #OURT HAS A 0RISONERgS &RIEND 4HIS PERSON IS EMPLOYED BY THE STATE TO HELP PEOPLE WITH TELEPHONE CALLS ORGANISING BAIL MONEY ORGANISING WITNESSES AND SO ON !T SMALLER -AGISTRATEgS #OURTS A COURT OFFICIAL CALLED THE #LERK OF THE #OURT MAY ALSO BE THE 0RISONERgS &RIEND
34!4%-%.43 7HEN YOU ARE CHARGED WITH A CRIME THE POLICE USUALLY TRY TO TAKE A STATEMENT FROM YOU "UT YOU ONLY NEED TO GIVE YOUR NAME AND ADDRESS 9OU DO NOT HAVE TO GIVE ANY OTHER INFORMATION TO THE POLICE IF YOU DO NOT WANT TO )F YOU MAKE A STATEMENT TRY NOT TO SAY THINGS THAT YOU MAY REGRET LATER 9OUR STATEMENT CAN BE USED AGAINST YOU IN COURT 4HE POLICE MAY NOT PUT PRESSURE ON YOU TO MAKE A STATEMENT NEITHER MAY THEY ASSAULT OR TORTURE YOU TO GET A STATEMENT 3EE PAGE 2IGHTS OF ARRESTED PEOPLE
"!), !FTER YOUR ARREST YOU CAN BE RELEASED IN THE FOLLOWING WAYS BEFORE THE COURT CASE IS OVER s YOU CAN BE RELEASED INTO THE CARE OF YOUR PARENTS OR GUARDIAN IF YOU ARE UNDER YEARS OLD /2 s YOU CAN BE RELEASED WITH A WARNING TO APPEAR IN COURT ON A CERTAIN DATE /2 s YOU CAN BE RELEASED ON "!), "AIL IS MONEY PAID TO THE COURT OR TO THE POLICE )F YOU PAY THIS MONEY YOU CAN GO HOME UNTIL THE DATE OF YOUR COURT CASE 7HEN YOUR COURT CASE IS OVER YOU GET THE BAIL MONEY BACK EVEN IF YOU ARE FOUND GUILTY "UT YOU WILL NOT GET YOUR BAIL MONEY BACK s IF YOU DO NOT COME TO COURT ON THE DAY OF YOUR COURT CASE s IF YOU INTERFERE WITH ANY WITNESSES s IF YOU BREAK ANY OF THE CONDITIONS OF BAIL )F YOU ARE RELEASED ON BAIL THEN YOU WILL GET A WRITTEN NOTICE 4HIS NOTICE WILL TELL YOU WHERE THE COURT IS )T WILL SHOW THE DAY AND THE TIME THAT YOU MUST BE IN THAT COURT !ND IT WILL ALSO SHOW ANY CONDITIONS FOR EXAMPLE THAT YOU MUST REPORT EVERY WEEK TO THE POLICE STATION 4HERE ARE THREE KINDS OF BAIL POLICE BAIL BAIL BY CERTAIN PROSECUTORS AND COURT BAIL
0/,)#% "!), 9OU CAN ASK THE POLICE FOR BAIL AS SOON AS YOU HAVE BEEN ARRESTED AND TAKEN TO THE POLICE STATION )F THEY AGREE THEY WILL DECIDE HOW MUCH BAIL YOU MUST PAY AND YOU MUST PAY THIS IN CASH 4HE POLICE CANNOT GRANT BAIL IF YOU WERE ARRESTED FOR A SERIOUS CRIME FOR EXAMPLE RAPE MURDER ROBBERY ETC
"!), "9 #%24!). 02/3%#54/23 &OR SOME OF THE SERIOUS CRIMES A PROSECUTOR CAN AGREE TO BAIL 9OU MUST ASK THE POLICE TO TELEPHONE THE DUTY PROSECUTOR TO CHECK WHETHER YOU CAN GET BAIL
#/524 "!), 7HEN YOU ARE BROUGHT TO COURT THE COURT CASE USUALLY DOES NOT FINISH ON THE SAME DAY 9OU HAVE A RIGHT TO ASK THE COURT TO BE RELEASED ON BAIL UNTIL THE CASE FINISHES 9OU CAN ASK FOR BAIL AT ANY TIME ON OR AFTER THE FIRST DAY IN COURT 7HEN YOU ASK FOR BAIL YOU MUST CONVINCE THE JUDGE OR MAGISTRATE THAT s YOU WILL NOT RUN AWAY s YOU ARE NOT A DANGER TO OTHER PEOPLE s YOU WILL NOT COMMIT FURTHER CRIMES s YOU WILL NOT INTIMIDATE ANY WITNESS IN THE CASE )F YOU ASK FOR BAIL YOU OR YOUR ATTORNEY MUST GIVE THE COURT DETAILS OF WHERE YOU LIVE YOUR EMPLOYMENT SITUATION AND SO ON 7HEN YOU PAY THE BAIL YOU MUST GET A RECEIPT /NLY THE PERSON WITH A RECEIPT FOR THE BAIL WILL GET THE MONEY BACK AFTER THE TRIAL
4(% #2)-).!, 02/#%$52%3 3%#/.$ !-%.$-%.4 !#4 "!), ,!7 4HE #RIMINAL 0ROCEDURES 3ECOND !MENDMENT !CT ALSO KNOWN AS THE "AIL ,AW INCLUDES A NUMBER OF STRICT MEASURES REGARDING BAIL FOR PEOPLE ACCUSED OF SERIOUS OFFENCES 4HE !CT LISTS VERY SERIOUS OFFENCES SCHEDULE OFFENCES WHICH INCLUDE MURDER RAPE ARMED ROBBERY AND VEHICLE HIJACKING AND MAKES IT VERY DIFFICULT FOR PEOPLE WHO ARE ACCUSED OF THESE OFFENCES TO GET BAIL 4HE ACCUSED WILL HAVE TO PROVE THAT EXCEPTIONAL CIRCUMSTANCES EXIST BEFORE BAIL IS GRANTED &OR 3CHEDULE OFFENCES LIKE ROBBERY WITH AGGRAVATING CIRCUMSTANCES DRUG DEALING ARMS DEALING CORRUPTION FRAUD THEFT OR FORGERY OF LARGE AMOUNTS OF MONEY THE ONUS WILL BE ON THE ACCUSED TO PROVE THAT HESHE SHOULD GET BAIL )F AN ACCUSED IS CHARGED WITH A 3CHEDULE OFFENCE AND HAS BEEN PREVIOUSLY CONVICTED OF A SCHEDULE OR OFFENCE BAIL WILL NOT NORMALLY BE GRANTED !CCORDING TO THIS LAW BAIL APPLICATIONS FOR 3CHEDULE OR CRIMES WILL NOW ONLY BE HEARD IN REGIONAL COURTS 4HESE CASES CAN ALSO NOT BE HEARD OUTSIDE OF COURT HOURS IN OTHER WORDS THERE IS NO NIGHT COURT "AIL CAN ALSO BE REFUSED WHEN AN OFFENCE HAS CAUSED COMMUNITY OUTRAGE ALTHOUGH THIS CAN ONLY HAPPEN IN EXCEPTIONAL CIRCUMSTANCES &INALLY A PERSON ACCUSED OF A SCHEDULE OR CRIME MUST DISCLOSE ALL PREVIOUS CONVICTIONS AND OUTSTANDING CHARGES AGAINST THEM AT THE BAIL APPLICATION AND THEY WILL NOT HAVE THE RIGHT TO HAVE ACCESS TO THE POLICE DOCKET DURING THE BAIL HEARING 4HIS WILL HELP TO STOP THE INTIMIDATION AND VICTIMISATION OF WITNESSES IN COURT CASES
34%03 ). ! #2)-).!, #/524 #!3% 4HE FIRST DAY "EFORE THE CRIMINAL TRIAL BEGINS YOU MUST APPEAR IN COURT AND THE PROSECUTOR TELLS YOU WHAT THE CHARGES ARE )F YOU NEED A ATTORNEY YOU SHOULD ASK FOR A POSTPONEMENT TO ENABLE YOU TO GET A ATTORNEY AND PREPARE YOUR CASE 4HE COURT SHOULD ALWAYS ASK YOU WHETHER YOU WANT A ATTORNEY 9OU OR THE PROSECUTOR CAN ASK FOR A POSTPONEMENT IF THERE ARE GOOD REASONS FOR EXAMPLE s TO HAVE TIME TO FIND A ATTORNEY s TO PREPARE THE CASE s TO CONTACT WITNESSES
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3O ON THE FIRST DAY IN COURT YOU CAN ASK FOR BAIL IF YOU ARE UNDER ARREST AND YOU CAN ASK FOR A POSTPONEMENT OF THE CASE 9OU SHOULD ALSO TELL THE MAGISTRATE IF YOU WERE ASSAULTED BY THE POLICE OR IF THE POLICE PUT ANY PRESSURE ON YOU TO MAKE A STATEMENT
4HE PLEA "EFORE THE TRIAL BEGINS THE -AGISTRATE ASKS YOU TO 0,%!$ 4HIS MEANS THAT HE OR SHE ASKS YOU TO SAY WHETHER YOU ARE gGUILTYg OR gNOT GUILTYg $O NOT PLEAD gGUILTYg UNLESS YOU ARE SURE THAT s YOU DID WHAT THE PROSECUTOR SAYS YOU HAVE DONE !.$ s YOU DID NOT HAVE A GOOD REASON TO DO WHAT YOU HAVE DONE 9OU WILL PLEAD gNOT GUILTYg IF s YOU DID NOT COMMIT THE CRIME /2 s YOU DID WHAT PEOPLE SAID YOU HAVE DONE "54 YOU HAD A GOOD REASON FOR DOING IT 4HIS REASON WILL THEN BE USED IN YOUR DEFENCE )F YOU CAN PROVE A DEFENCE THE COURT MAY DECIDE THAT YOU ARE NOT GUILTY OF THE CRIME YOU ARE CHARGED WITH OR THAT YOU ARE GUILTY BUT THAT YOUR REASONS SHOW YOU SHOULD GET LESS PUNISHMENT 4HESE REASONS ARE THEN CALLED gMITIGATING FACTORSg )F YOU PLEAD gGUILTYg THE MAGISTRATE WILL ASK YOU SOME QUESTIONS TO BE SURE THAT YOU UNDERSTAND THE CHARGE )F YOUR ANSWERS MAKE THE MAGISTRATE THINK THAT YOU HAVE A DEFENCE THEN THE MAGISTRATE MUST CHANGE YOUR PLEA TO gNOT GUILTYg )F THE MAGISTRATE ACCEPTS YOUR PLEA OF GUILTY THEN SHE OR HE WILL DECIDE THAT YOU ARE gGUILTY AS CHARGEDg 4HERE IS NO NEED FOR THE TRIAL TO CONTINUE 9OUR NEXT STEP WILL BE gPLEA IN MITIGATIONg 3EE PAGE %VIDENCE IN MITIGATION
)F YOU PLEAD gNOT GUILTYg THE MAGISTRATE MUST ASK YOU MORE QUESTIONS 4HIS IS TO FIND OUT WHAT YOUR DEFENCE IS
4HE TRIAL 4HE TRIAL WILL GO AHEAD IF YOU PLEAD gNOT GUILTYg OR THE MAGISTRATE CHANGES YOUR PLEA TO gNOT GUILTYg
4HE STATE PRESENTS ITS CASE 4HE STATE PROSECUTOR PRESENTS THE STATES CASE TO TRY TO SHOW THAT YOU ARE GUILTY 4HE PROSECUTOR CALLS WITNESSES FOR THE STATE TO GIVE EVIDENCE AGAINST YOU 9OU OR YOUR ATTORNEY AND THE MAGISTRATE CAN ALSO QUESTION EACH STATE WITNESS 4HIS IS CALLED CROSS EXAMINATION 4HE PROSECUTOR CAN THEN QUESTION THE WITNESSES AGAIN 4HIS IS CALLED RE EXAMINATION !FTER THE PROSECUTOR HAS CALLED ALL THE STATE WITNESSES HE OR SHE CLOSES THE CASE .OW IT IS YOUR TURN THE ACCUSED TO PRESENT YOUR CASE
$ISCHARGE )F THERE IS NOT ENOUGH EVIDENCE TO SHOW THAT YOU COMMITTED THE CRIME YOU ARE ACCUSED OF THEN YOU CAN ASK FOR A DISCHARGE 4HIS MEANS YOU ASK THE COURT TO SET YOU FREE )F THE MAGISTRATE AGREES THEN A DISCHARGE WILL BE GIVEN )F THE DISCHARGE IS NOT GIVEN THE CASE WILL GO ON
4HE CASE IN YOUR DEFENCE 4HE MAGISTRATE OR JUDGE WILL ASK YOU OR YOUR ATTORNEY IF YOU WANT TO GIVE EVIDENCE AND IF YOU WANT TO CALL WITNESSES 3OMETIMES IT IS NOT NECESSARY FOR YOU TO GIVE EVIDENCE YOURSELF BUT IF YOU DECIDE NOT TO THE JUDGE OR MAGISTRATE MIGHT THINK THAT YOU ARE TRYING TO HIDE SOMETHING !LL EVIDENCE IS GIVEN UNDER OATH !FTER YOU HAVE GIVEN EVIDENCE IF YOU CHOOSE TO YOU OR YOUR ATTORNEY CAN NOW CALL YOUR OWN WITNESSES 9OUR WITNESSES ARE PEOPLE WHO CAN GIVE THE COURT INFORMATION TO SHOW THAT YOU ARE NOT GUILTY 4HE PROSECUTOR AND MAGISTRATE CAN THEN CROSS EXAMINE EACH WITNESS 9OU OR YOUR ATTORNEY CAN THEN RE EXAMINE EACH WITNESS !FTER YOU OR YOUR ATTORNEY HAVE CALLED ALL THE DEFENCE WITNESSES YOU gCLOSE THE CASEg FOR THE DEFENCE
!RGUMENT 4HE PROSECUTOR THEN SUMS UP THE STATEgS CASE AND GIVES REASONS WHY YOU SHOULD BE FOUND GUILTY 9OU OR YOUR ATTORNEY GO OVER THE MAIN POINTS OF YOUR DEFENCE AND SUMMARISE WHY THE COURT MUST FIND YOU NOT GUILTY
*UDGMENT !FTER LISTENING TO BOTH ARGUMENTS THE MAGISTRATE OR JUDGE WILL SAY IF THE COURT FINDS YOU GUILTY OR NOT GUILTY 4HE COURT MAY POSTPONE THE CASE TO GIVE THE JUDGE OR MAGISTRATE TIME TO THINK ABOUT THE JUDGMENT )-0/24!.4 9OU CAN ONLY BE FOUND GUILTY OF A CRIME IF THE STATE PROVES THAT YOU ARE GUILTY g"%9/.$ ! 2%!3/.!",% $/5"4g 4HIS MEANS THAT THERE MUST BE ./ $/5"4 IN THE COURTgS MIND THAT YOU ARE GUILTY
)F THE COURT FINDS YOU gNOT GUILTYg THEN YOU ARE ACQUITTED 4HIS MEANS YOU ARE FREE TO GO )F YOU PAID ANY BAIL MONEY YOU CAN NOW ASK TO GET IT BACK
%VIDENCE IN MITIGATION )F THE COURT FINDS YOU gGUILTYg THEN YOU GET A CHANCE TO ASK THE COURT FOR YOUR FOR A LIGHTER SENTENCE 4HIS IS CALLED gEVIDENCE IN MITIGATIONg
4HESE ARE THINGS THAT CAN HELP YOU TO GET A LIGHTER SENTENCE s IF YOU ARE VERY SORRY s IF YOU DID SOMETHING TO CORRECT THE WRONG FOR EXAMPLE IF YOU GAVE BACK SOMETHING YOU STOLE s IF YOU ARE YOUNGER THAN s IF IT IS YOUR FIRST OFFENCE s IF MANY PEOPLE DEPEND ON YOU FOR SUPPORT s IF YOU HAVE OTHER RESPONSIBILITIES FOR EXAMPLE A JOB s IF IT CAN HAVE A BAD EFFECT ON YOU TO BE IN PRISON OR TO HAVE A VERY HEAVY PUNISHMENT FOR EXAMPLE IF YOU HAVE HEALTH PROBLEMS #!3% 345$9
4(% #!3% /& 3%2'%!.4 -!.$)3) -0%.'%3)
4HE CRIMINAL COURT CASE OF 3ERGEANT -ANDISI -PENGESI WAS HEARD IN THE #APE (IGH #OURT 3ERGEANT -PENGESI WAS CHARGED WITH THE MURDER OF HIS SIX YEAR OLD DAUGHTERgS ALLEGED RAPIST (E PLEADED IN MITIGATION THAT HE HAD ALWAYS BEEN VERY COMMITTED TO HIS POLICE WORK WHICH INVOLVED HELPING PEOPLE WHOSE CHILDREN HAD BEEN MOLESTED AND RAPED (E SAID HE KILLED THE MAN BECAUSE OF WHAT THIS MAN HAD DONE TO HIS DAUGHTER AND THAT HE HAD ONLY ACTED IN A WAY ANY PARENT WHO LOVED HIS CHILD WOULD HAVE DONE 3ERGEANT -PENGESI WAS SENTENCED TO YEARS IMPRISONMENT 4HERE WAS AN OUTCRY FROM THE PUBLIC WHO THOUGHT THAT THERE WERE STRONG MITIGATING FACTORS WHICH SHOULD HAVE HELPED HIM GET A LIGHTER SENTENCE
3ENTENCE IS GIVEN 4HE MAGISTRATE OR JUDGE WILL NOW SAY WHAT YOUR PUNISHMENT OR SENTENCE WILL BE )T CAN BE s A PRISON TERM s A FINE s A COMMUNITY SERVICE ORDER s ANY OF THESE TOGETHER s A CAUTION AND DISCHARGE s FOR CHILDREN UNDER THE SENTENCE CAN BE ADMITTANCE TO A REFORMATORY OR THE PASSING OF SENTENCE CAN BE POSTPONED UNTIL THE PERSON TURNS s CORRECTIONAL SUPERVISION THIS MEANS SERVING YOUR SENTENCE OUTSIDE PRISON UNDER THE SUPERVISION OF A gCORRECTIONAL OFFICIALg -INIMUM SENTENCES n 4HE #RIMINAL ,AW !MENDMENT !CT LAYS DOWN HARSH AND MINIMUM SENTENCES FOR PEOPLE WHO WOULD PREVIOUSLY HAVE RECEIVED THE DEATH SENTENCE 4HE COURT HAS TO GIVE YOU AT LEAST THE SENTENCE LAID OUT IN THE !CT FOR THE SPECIFIED OFFENCES -AXIMUM SENTENCES n )F A LAW SAYS THAT THE MAXIMUM PUNISHMENT FOR A PARTICULAR CRIME IS MONTHS OR 2 THE COURT DOES NOT HAVE TO SENTENCE YOU TO THESE MAXIMUM AMOUNTS 4HE SENTENCE CAN BE ANYTHING UP TO THESE MAXIMUM AMOUNTS !LTERNATIVE SENTENCES n )F YOU ARE FOUND GUILTY THE COURT MIGHT SENTENCE YOU TO A FINE /2 IMPRISONMENT 3O SENTENCES CAN BE GIVEN gIN THE ALTERNATIVEg &OR EXAMPLE UNDER THE TRESPASS LAWS THE SENTENCE CAN BE UP TO 2 OR YEARS IN PRISON OR BOTH 3USPENDED SENTENCES n 4HE COURT MAY SENTENCE YOU TO A PERIOD IN PRISON BUT SUSPEND ALL OR PART OF THE SENTENCE 4HIS MEANS THAT THE COURT SAYS YOU WILL NOT BE PUNISHED ON CONDITION THAT YOU DO NOT COMMIT A SIMILAR CRIME OVER A CERTAIN PERIOD OF TIME 4HE COURT GIVES YOU A CHANCE TO SHOW THAT YOU WILL NOT DO THE SAME THING
AGAIN &OR EXAMPLE THE COURT MAY SENTENCE YOU TO YEAR IN PRISON BUT SUSPEND THIS SENTENCE FOR YEARS 4HIS MEANS THAT YOU DO NOT HAVE TO GO TO PRISON NOW BUT IF YOU ARE FOUND GUILTY OF COMMITTING THE SAME OR A SIMILAR CRIME IN THE NEXT YEARS THEN YOU WILL HAVE TO GO TO PRISON TO SERVE YOUR SENTENCE OF YEAR 9OU WILL ALSO GET AN ADDITIONAL SENTENCE FOR THE NEW CRIME YOU COMMITTED 9OU ARE FOUND GUILTY OF ORDINARY ASSAULT AND SENTENCED TO YEARS IN PRISON 4WO OF THESE YEARS ARE SUSPENDED FOR YEARS 3O YOU SERVE YEAR IN PRISON !FTER THAT YOU ARE RELEASED 9OUR SENTENCE IS SUSPENDED FOR THE NEXT YEARS )F YOU ARE CHARGED AND FOUND GUILTY OF ASSAULT IN THE NEXT YEARS THEN YOU WILL HAVE TO GO TO PRISON TO SERVE OUT THE REST OF THE FIRST SENTENCE WHICH IS ANOTHER YEARS 4HIS WILL BE IN ADDITION TO THE NEW SENTENCE YOU MIGHT GET FOR THE SECOND ASSAULT
%8!-0,%
2EVIEW OR APPEAL 9OU CAN ASK FOR PERMISSION TO APPEAL AGAINST THE DECISION OF THE JUDGE OR MAGISTRATE IF YOU DONgT AGREE WITH THE JUDGMENT 9OU CAN ALSO ASK FOR A REVIEW IF YOU THINK THERE WERE ANY IRREGULARITIES DURING THE TRIAL 3EE PAGE 4RIAL APPEALS AND REVIEWS
0!2/,% )F YOU HAVE SERVED MORE THAN HALF YOUR SENTENCE AND HAVE BEHAVED WELL IN PRISON YOU MAY BE RELEASED ON PAROLE 0AROLE MEANS YOU CAN BE RELEASED FROM PRISON BEFORE YOU HAVE COMPLETED YOUR SENTENCE ON CONDITION THAT YOU DO NOT MISBEHAVE WHEN YOU ARE OUT OF PRISON 9OUR SENTENCE STILL RUNS BUT YOU DO NOT HAVE TO STAY INSIDE PRISON AS LONG AS YOUR BEHAVIOUR IS GOOD )F YOUR BEHAVIOUR OUTSIDE PRISON IS NOT GOOD YOU GO BACK TO PRISON FOR THE REST OF YOUR SENTENCE 4HE 0AROLE AND #ORRECTIONAL 3UPERVISION !MENDMENT !CT EXTENDS THE POWERS OF THE COURTS TO MAKE SURE THAT A PRISONER SERVES A COMPULSORY PERIOD OF HISHER SENTENCE BEFORE THEY CAN BE CONSIDERED FOR PAROLE 0AROLE "OARDS HAVE THE AUTHORITY TO CONTROL THE RELEASE OF PRISONERS ON PAROLE
(!6).' ! #2)-).!, 2%#/2$ )F THE COURT FINDS YOU GUILTY YOU WILL HAVE A CRIMINAL RECORD FOR THE REST OF YOUR LIFE )F YOU ARE EVER CHARGED AGAIN FOR ANYTHING ELSE THE STATE WILL CHECK YOUR CRIMINAL RECORD 3OMETIMES IF YOU ARE LOOKING FOR A JOB PEOPLE WILL ALSO CHECK IF YOU HAVE A CRIMINAL RECORD )F YOU ARE NOT GUILTY OF THE CRIME THAT YOU HAVE BEEN CHARGED WITH YOU MUST ENTER A PLEA OF @NOT GUILTY AND NOT BE INTIMIDATED INTO AGREEING THAT YOU WILL PLEAD GUILTY IN EXCHANGE FOR A VERY LIGHT SENTENCE
$%!,).' 7)4( /2'!.)3%$ #2)-% 4(% 02%6%.4)/. /& /2'!.)3%$ #2)-% !#4 4HE 0REVENTION OF /RGANISED #RIME !CT .O OF CONTAINS FAR REACHING MEASURES TO DEAL WITH THE PROBLEM OF ORGANISED CRIME IN 3OUTH !FRICA 4HIS IS A SUMMARY OF THE MAIN SECTIONS OF THE !CT
)T IS A CRIME TO MANAGE ANY ORGANISATION WHOSE MEMBERS ARE COMMITTING SERIOUS CRIMES 4HIS SECTION IS AIMED AT PEOPLE LIKE GANG BOSSES WHO ARE IN A POSITION OF AUTHORITY OVER THOSE WHO ARE COMMITTING THE CRIMES 4HIS CAN LEAD TO A SENTENCE OF UP TO YEARS )T IS NOT NECESSARY TO PROVE THAT THEY WERE DIRECTLY INVOLVED IN COMMITTING A SPECIFIC CRIME
!NY PERSON WHO RECEIVES OR OWNS PROPERTY FROM ILLEGAL ACTIVITIES WILL BE GUILTY OF AN OFFENCE 4HE STATE ONLY HAS TO PROVE THAT THEY gOUGHT REASONABLY TO HAVE KNOWNg THAT THE PROPERTY COMES FROM AN ILLEGAL ACTIVITY
4HE STATE CAN SEIZE ANY ASSET MATERIAL THING THAT BELONGS TO YOU THAT HAS BEEN USED TO COMMIT A CRIME OR THAT HAS BEEN OBTAINED THROUGH CRIME 4HIS SECTION ALLOWS THE STATE TO SEIZE CRIMINAL ASSETS WITHOUT FIRST HAVING TO FIND THE OWNER GUILTY BEYOND A REASONABLE DOUBT THE NORMAL TEST IN A CRIMINAL CASE &OR EXAMPLE WHERE THE STATE BELIEVES THAT DRUGS ARE BEING SOLD FROM A PARTICULAR HOUSE THE STATE ONLY HAS TO PROVE THAT THERE IS A CHANCE THAT THE HOUSE IS USED TO SELL DRUGS .O ONE HAS TO BE CONVICTED FOUND GUILTY OF DRUG DEALING BEFORE CONFISCATING THE HOUSE )T IS NOT NECESSARY TO PROVE THAT THE OWNER OF THE HOUSE WAS INVOLVED IN THE CRIME OR EVEN KNEW ABOUT THE DRUG DEALINGS 4HE STATE CAN CONFISCATE ASSETS THAT s HAVE BEEN USED TO COMMIT A CRIME FOR EXAMPLE A CAR USED TO TRANSPORT STOLEN GOODS A HOUSE FROM WHICH DRUGS ARE SOLD OR A BANK ACCOUNT USED TO HIDE DIRTY MONEY s HAVE BEEN GAINED FROM THE UNLAWFUL ACTIVITY 4HE !SSET &ORFEITURE 5NIT IS RESPONSIBLE FOR CARRYING OUT THE WORK INVOLVING SEIZURE OF ASSETS UNDER THE !CT 4HE !SSET &ORFEITURE 5NIT WORKS FROM THE OFFICE OF THE .ATIONAL $IRECTOR OF 0UBLIC 0ROSECUTIONS
4HE !CT MAKES IT A CRIME TO RECRUIT MEMBERS TO A GANG OR PARTICIPATE IN CRIMINAL GANG ACTIVITY 4HE !CT SETS PENALTIES FOR PEOPLE LIKE GANG BOSSES WITH SENTENCES OF UP TO YEARS IN PRISON OR FINES OF 2 MILLION RAND IN ADDITION TO LOSING PROPERTY THAT THEY HAVE GAINED THROUGH GANG RELATED ACTIVITIES !NY PERSON WHO PROMOTES OR HELPS IN CRIMINAL GANG ACTIVITY WILL BE LIABLE FOR A SENTENCE OF UP TO YEARS AND ANY PERSON RECRUITING ADVISING OR HELPING SOMEONE TO JOIN A GANG CAN GO TO PRISON FOR YEARS
4(% #(),$ *534)#% 3934%4HE #HILD *USTICE "ILL IS PART OF A PROCESS OF REFORMING THE YOUTH JUSTICE SYSTEM IN 3OUTH !FRICA TO DEAL IN A MORE COMPLETE WAY WITH CHILDREN ACCUSED OF COMMITTING OFFENCES 4HE "ILL COVERS THE PROCEDURES THAT PEOPLE IN AUTHORITY MUST FOLLOW FROM THE TIME THE CHILD IS ARRESTED UNTIL THE MOMENT WHEN THE SENTENCED IS PASSED AND AIMS TO PROTECT CHILDRENgS RIGHTS 4HE "ILL ALSO FOLLOWS THE RESTORATIVE JUSTICE APPROACH TOWARDS CHILDREN ACCUSED OF COMMITTING CRIMES 4HIS APPROACH MEANS gPROMOTING RECONCILIATION RESTITUTION AND RESPONSIBILITY THROUGH THE INVOLVEMENT OF A CHILD THE CHILDgS PARENT FAMILY MEMBERS VICTIMS AND COMMUNITIESg
!DAPTED FROM A DIAGRAM ON 5NIVERSITY OF THE 7ESTERN #APE AND THE #HILD *USTICE !LLIANCE WEBSITE WWWCHILDJUSTICEORGZA
2ECONCILIATION MEANS BRINGING THE PARTIES TOGETHER TO RESOLVE THE MATTER AND REACH AGREEMENT ON HOW THE CHILD SHOULD BE PUNISHED 2ESTITUTION MEANS PUTTING THE CHILD BACK INTO HISHER OWN ENVIRONMENT 4(% #(),$ *534)#% "),, (/7 4(% #(),$ *534)#% 3934%- 7),, 7/2+ !22%34 /& 4(% #(),$ W
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4HE "ILL IS STILL UNDER DISCUSSION IN THE 0ARLIAMENTARY #OMMITTEE 4HIS IS A SHORT SUMMARY OF THE MOST IMPORTANT PARTS OF THE "ILL
!'% !.$ #2)-).!, #!0!#)49 4HE "ILL SAYS THAT s THE MINIMUM AGE OF PROSECUTION SHOULD BE YEARS s CHILDREN BELOW THE AGE OF CANNOT BE PROSECUTED #HILDREN BETWEEN THE AGES OF AND ARE PRESUMED NOT TO HAVE THE CAPACITY TO UNDERSTAND THE DIFFERENCE BETWEEN RIGHT AND WRONG AND TO ACT ACCORDING TO THIS UNDERSTANDING "UT IF IT CAN BE PROVED THAT THE CHILD DID UNDERSTAND THE DIFFERENCE THEN HE OR SHE CAN BE PRESUMED TO HAVE HAD THE CAPACITY
53).' $)6%23)/. $IVERSION MEANS FINDING AN ALTERNATIVE WAY FOR CRIMINAL OFFENDERS TO gPAYg FOR THEIR CRIMES SO THAT THEY DONgT HAVE TO FOLLOW THE NORMAL COURT PROCEDURES AND END UP IN PRISON AND WITH A CRIMINAL RECORD $IVERSION FOCUSES ON REHABILITATING PEOPLE BACK INTO THEIR COMMUNITIES AND SO DIVERTING THEM AWAY FROM THE FORMAL COURT PROCEDURES 4YPES OF DIVERSION PROGRAMMES INCLUDE ATTENDING A LIFE SKILLS COURSE DOING UNPAID WORK IN THE COMMUNITY OR PAYING BACK THE VICTIM OF A CRIME 4HE NEW CHILD JUSTICE SYSTEM PROMOTES THE USE OF DIVERSION OF CASES AWAY FROM THE FORMAL COURT PROCEDURES 4HE #HILD *USTICE "ILL SAYS s THERE MUST BE AN ASSESSMENT BY THE PROBATION OFFICER OF THE CHILD WITHIN HOURS OF THE CHILDgS ARREST s THERE MUST BE A PRELIMINARY INQUIRY HELD BY A DISTRICT MAGISTRATE WITHIN HOURS OF THE CHILDgS ARREST AND BEFORE HISHER PLEA 4HE "ILL SETS OUT THREE LEVELS OF DIVERSION WHICH COVER DIFFERENT TYPES OF DIVERSION PROGRAMMES 4HE PROBATION OFFICER CAN MAKE RECOMMENDATIONS ABOUT WHICH DIVERSION PROGRAMME A CHILD SHOULD BE SENT ON
%34!",)3().' /.% 34/0 #(),$ *534)#% #%.42%3 4HE "ILL SAYS A /NE STOP #HILD *USTICE #ENTRE CAN BE SITUATED ANYWHERE BUT NOT IN A COURT OR POLICE STATION 4HESE CENTRES PROVIDE s OFFICES FOR POLICE AND PROBATION OFFICERS ATTORNEYS REPRESENTING CHILDREN PEOPLE PROVIDING DIVERSION AND PREVENTION SERVICES PEOPLE WHO TRACE FAMILIES OF CHILDREN s TEMPORARY ACCOMMODATION FOR CHILDREN WHO ARE WAITING FOR THE OUTCOME OF THE PRELIMINARY INQUIRY s A #HILDRENgS #OURT TO HEAR CHILDRENgS COURT INQUIRIES s A 2EGIONAL #OURT 4HE ROLE OF THE MAGISTRATE WHO PRESIDES OVER A CASE INVOLVING A CHILD IS s TO MAKE SURE THE COMPULSORY ASSESSMENT HAS BEEN COMPLETED s TO MAKE A DECISION ABOUT WHETHER THE MATTER SHOULD BE DIVERTED OR TRANSFERRED TO A #HILDRENgS #OURT FOR AN INQUIRY OR PROSECUTED 4HE MAGISTRATE HAS TO DECIDE WHERE TO PLACE A CHILD -AGISTRATES CAN ONLY MAKE INFORMED DECISIONS ABOUT CHILDREN IF THEY WORK CLOSELY WITH THEIR FAMILIES .'/S WELFARE AGENCIES COMMUNITY MEMBERS AND OTHERS DURING THE PRELIMINARY INQUIRY
#/--5.)49 0/,)#% &/25-3 4HE 3OUTH !FRICAN 0OLICE 3ERVICE 3!03 HAS ADOPTED gCOMMUNITY POLICINGg AS ITS BASIC PHILOSOPHY FOR DEALING WITH CRIME IN COMMUNITIES #OMMUNITY POLICING AIMS TO BRING THE POLICE AND COMMUNITY TOGETHER TO SOLVE PROBLEMS OF CRIME 4HE DEFINITION OF COMMUNITY POLICING IS gA PHILOSOPHY THAT GUIDES POLICE MANAGEMENT STYLES AND OPERATIONAL STRATEGIES AND EMPHASISES THE ESTABLISHMENT OF POLICE COMMUNITY PARTNERSHIPS AND A PROBLEM SOLVING APPROACH IN RESPONSE TO THE NEEDS OF THE COMMUNITYg "Y WORKING TOGETHER THE 3!03 HOPES TO MAKE COMMUNITIES SAFER PLACES TO LIVE IN 4HIS FORMS PART OF THE .ATIONAL #RIME 0REVENTION 3TRATEGY WHICH HAS MEANT A SHIFT FROM CRIME CONTROL TO CRIME PREVENTION )T ALSO EMPHASISES CRIME AS A SOCIAL PROBLEM RATHER THAN A SECURITY ISSUE 4HE .ATIONAL #RIME 0REVENTION 3TRATEGY PROVIDES FOR A NUMBER OF PREVENTATIVE PROGRAMMES AND UNDERLYING THESE IS THE BASIC POLICY OF COMMUNITY POLICING #OMMUNITY POLICING REQUIRES THE 3!03 TO FOCUS ON GIVING A GOOD SERVICE WORKING IN A PARTNERSHIP WITH THE COMMUNITY THROUGH THE #OMMUNITY 0OLICE &ORUMS AND BEING ACCOUNTABLE TO THE COMMUNITY &OR MORE DETAILED INFORMATION ON THE #OMMUNITY 0OLICE &ORUMS READ THE BOOKLET h4HE #OMMUNITY 0OLICE &ORUM 4OOLKIT 4HIS CAN BE DOWNLOADED FROM THE FOLLOWING WEBSITE WWWCAPEGATEWAYGOVZATEXTCOMMUNITY?POLICE?FORUM?TOOLKIT
&/2-).' #/--5.)49 0/,)#% &/25-3 #0&3 4HE #0& IS A FORUM REPRESENTATIVE OF ORGANISATIONS AND GROUPS IN THE COMMUNITY AND LOCAL GOVERNMENT WHO WORK WITH THE POLICE AROUND ISSUES OF SAFETY AND SECURITY 4HE OBJECTIVES OF #0&S ARE TO s PROMOTE COMMUNICATION AND CO OPERATION BETWEEN THE 3!03 AND THE COMMUNITY s IMPROVE THE POLICE SERVICES TO THE COMMUNITY s IMPROVE THE TRANSPARENCY AND ACCOUNTABILITY OF THE 3!03 TO THE COMMUNITY s HELP WITH JOINT IDENTIFICATION OF PROBLEMS AND HOW TO SOLVE THESE
%,%-%.43 &/2 %&&%#4)6% #/--5.)49 0/,)#).' %MPOWERED POLICE WHO ARE SKILLED PROFESSIONALS !UTONOMOUS MANAGEMENT
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4RUST AND LEGITIMACY 3HARED VALUES
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4(% 2/,% /& #/--5.)49 0/,)#% &/25-3 ! #0& SHOULD PLAY THE FOLLOWING ROLES s 4O MAKE SURE THAT LOCAL POLICE ARE ABLE TO EXPLAIN TO PEOPLE WHAT THEY ARE DOING ABOUT CRIME IN THE AREA s 4O CHECK ON HOW WELL THE POLICE ARE USING THEIR RESOURCES IN DEALING WITH CRIME IN THE COMMUNITY s 4O MONITOR HOW WELL THE POLICE ARE DOING THEIR WORK IN THE COMMUNITY FOR EXAMPLE IS IT EASY TO FIND A POLICE OFFICER WHEN YOU NEED ONE ARE THERE ALWAYS PLENTY OF POLICE VISIBLE AT RALLIES AND OTHER MASS EVENTS DO POLICE PATROL THE STREETS DO POLICE RESPOND QUICKLY WHEN A CRIME HAS BEEN REPORTED AND SO ON s 4O ENQUIRE INTO LOCAL POLICING MATTERS FOR EXAMPLE WHAT ARE THE MAIN PROBLEMS WITH CRIME IN THE COMMUNITY ARE THE POLICE DEALING WITH THESE ISSUES EFFECTIVELY AND ARE THE POLICE USING THEIR RESOURCES MOST EFFECTIVELY
4(% #0& #/.34)454)/. 4HE #0& SHOULD HAVE A CONSTITUTION WHICH CONTAINS THE STANDARD ELEMENTS OF A CONSTITUTION INCLUDING THE MISSION OF THE #0& HOW DECISIONS ARE TAKEN VOTING MEETINGS AND FINANCIAL PROCEDURES ETC
0!24.%23()03 "%47%%. 4(% #/--5.)49 !.$ 4(% 0/,)#% #0&S REPRESENT A PARTNERSHIP BETWEEN THE COMMUNITY AND THE POLICE 4HESE ARE THE ROLES OF EACH PARTNER s 4HE POLICE RUN THE POLICE STATION n ALTHOUGH SOME &ORUM MEMBERS MAY BE TRAINED TO HELP WITH ADMINISTRATION WORK s 4HE COMMUNITY ADVISES AND HELPS THE POLICE AND MONITORS THEIR PERFORMANCE ! #0& MAY BE CONSULTED ON THESE ASPECTS OF THE DAY TO DAY RUNNING OF THE POLICE STATION s NEW APPOINTMENTS TO THE STATION s CHANGES FROM FOOT PATROLS TO BICYCLES OR CARS s CHANGES IN HOW THE POLICE OPERATE s CHANGES TO THE POLICE STATION INCLUDING WHERE NEW POLICE STATIONS SHOULD BE BUILT
2%,!4)/.3()0 "%47%%. ,/#!, '/6%2.-%.4 #/--5.)49 0/,)#% &/25-3 !.$ 4(% 0/,)#% s ENSURES THAT CRIME PREVENTION INFORMS ALL MUNICIPAL PLANNING s DEVELOPS AND INITIATES TARGETED LOCAL SOCIAL CRIME PREVENTION PROGRAMMES s CO ORDINATES CRIME PREVENTION ACTIVITIES
s POLICES ROAD TRAFFIC AND RELATED LAWS s POLICES MUNICIPAL BY LAWS s PERFORMS VISIBLE POLICING FUNCTIONS ,/#!, '/6%2.-%.4 -5.)#)0!, 0/,)#% 3%26)#%
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SHARES INFORMATION CO OPERATES WITH LOCAL GOVERNMENT PARTICIPATES IN PROBLEM SOLVING MONITORS SAFETY AND SERVICE DELIVERY
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3TATION COMMISSIONER HAS MORE AUTONOMY OVER STRATEGIES TO SET PRIORITIES AND IS INVOLVED IN INITIATING LOCAL PARTNERSHIPS
,/#!, '/6%2.-%.4 !.$ #0&S ,OCAL GOVERNMENT SHOULD WORK WITH #0&S AND !REA #OMMUNITY 0OLICE "OARDS TO SET PRIORITIES AND OBJECTIVES FOR THE FORUM #0&S SHOULD WORK WITH LOCAL GOVERNMENT BY s SETTING CRIME PREVENTION STRATEGIES TOGETHER AND AGREEING ON HOW THESE WILL BE CARRIED OUT s ASSISTING WITH DEVELOPING TARGETED SOCIAL CRIME PREVENTION PROGRAMMES s IDENTIFYING FLASHPOINTS AND CRIME PATTERNS AND COMMUNICATING THESE TO LOCAL GOVERNMENT AND THE 3!03 AND PARTICIPATING IN PROBLEM SOLVING s MOBILISING AND ORGANISING COMMUNITY BASED CAMPAIGNS AND ACTIVITIES AND THE RESOURCES THAT ARE NEEDED TO KEEP THEM GOING s FACILITATING REGULAR ATTENDANCE BY LOCAL ELECTED REPRESENTATIVES AT #0&S 4HE DIAGRAM ON PAGE SHOWS HOW THE RELATIONSHIP BETWEEN LOCAL GOVERNMENT COMMUNITY POLICE FORUMS AND THE 3!03 SHOULD WORK 2ELATIONSHIPS ALSO NEED TO BE BUILT WITH VARIOUS OTHER GOVERNMENT DEPARTMENTS FOR EXAMPLE THE VARIOUS PROVINCIAL SOCIAL WELFARE DEPARTMENTS
&5.$).' #0&3 &UNDING IN PART FOR THE #0&S IS MADE AVAILABLE FROM THE 0ROVINCIAL 3ECRETARIAT OF 3AFETY AND 3ECURITY (OWEVER THE MAJORITY OF THE FUNDS HAS TO BE RAISED BY THE FORUM FROM LOCAL BUSINESS OR THROUGH HOLDING FUND RAISING VENTURES #0&S NEED MONEY FOR VARIOUS ASPECTS OF THEIR WORK &OR EXAMPLE MONEY TO HIRE TRANSPORT TO BRING PEOPLE TO WORKSHOPS OR TO HIRE CONSULTANTS TO TRAIN MEMBERS OF THE FORUM IN HOW TO MEDIATE DISPUTES #0&S ARE REQUIRED TO SET UP A &UNDING &OUNDATION TO MANAGE THE FUNDS 4HE &UNDING &OUNDATION IS A SECTION NOT FOR PROFIT COMPANY WHICH RAISES MONEY FOR PROJECTS AND MANAGES THE INCOME AND EXPENSES OF THE FORUM 4HE &UNDING &OUNDATION SHOULD HAVE A SEPARATE BOARD OF TRUSTEES 4HE TRUSTEES CAN BE CHOSEN FROM COMMUNITY BASED ORGANISATIONS PRIVATE BUSINESS RELIGIOUS GROUPS AND SO ON 4HE #0& SHOULD APPOINT A PROFESSIONAL AUDITOR TO AUDIT THE FINANCIAL RECORDS EVERY YEAR
4HE CIVIL COURTS AND CIVIL CASES #)6), #,!)-3 )N CIVIL CLAIMS IT IS NOT THE STATE THAT PROSECUTES )N A CIVIL CLAIM YOU BRING A CASE AGAINST A PERSON OR A COMPANY OR OTHER ORGANISATION 9OU CAN CLAIM FOR MONEY THAT IS OWED TO YOU OR YOU CAN CLAIM COMPENSATION FOR MENTAL AND PHYSICAL HARM THAT WAS DONE TO YOU 4HIS COMPENSATION IS CALLED $!-!'%3 )N A CIVIL CLAIM THE STATE CAN ALSO BE LIKE A gPRIVATE PERSONg IF IT IS SUING SOMEBODY ELSE OR IF IT IS BEING SUED FOR A WRONGFUL ACT 3EE PAGE #IVIL LAW %XAMPLES OF PROBLEMS WHERE YOU CAN START CIVIL CLAIMS INCLUDE ASSAULT EVICTION DIVORCE DEFAMATION INJURY BECAUSE OF NEGLIGENT DRIVING BREAKING A CONTRACT AND IF SOMEONE OWES YOU MONEY #IVIL CLAIMS CAN BE BROUGHT IN VARIOUS CIVIL COURTS INCLUDING THE (IGH #OURTS $ISTRICT MAGISTRATES COURTS 3MALL #LAIMS #OURTS &AMILY #OURTS %QUALITY #OURTS AND #HIEFS AND (EADMEN #OURTS %ACH COURT HAS ITS OWN AREA OF JURISDICTION WHICH IS DEFINED BY LAW 4HIS MEANS THE LAW SAYS WHAT KINDS OF CASES THE COURTS CAN HEAR AND WHAT KINDS OF SENTENCING CAN TAKE PLACE IN EACH COURT 4HE TWO SIDES IN A CIVIL CLAIM ARE CALLED THE gPARTIESg 4HE PERSON WHO COMPLAINS IS CALLED THE PLAINTIFF 4HE PERSON BEING SUED IS CALLED THE DEFENDANT #IVIL CASES HEARD IN THE MAGISTRATES COURT WILL REQUIRE A ATTORNEY TO DRAW UP PAPERS FOR EITHER OF THE PARTIES (OWEVER IN THE 3MALL #LAIMS #OURT YOU WILL NOT BE ALLOWED TO USE A ATTORNEY
02%3#2)04)/. 0%2)/$3 !LL CLAIMS FALL AWAY PRESCRIBE AFTER A CERTAIN PERIOD OF TIME )N OTHER WORDS YOU WILL LOSE YOUR RIGHT TO CLAIM AGAINST ANOTHER PERSON IF YOU WAIT TOO LONG TO MAKE THE CLAIM )F YOU ARE HELPING SOMEONE WITH A CASE IT IS VERY IMPORTANT THAT YOU DO NOT DELAY IN TAKING FOLLOW UP ACTION AND THAT YOU ADVISE THE PERSON IMMEDIATELY OF THE TIME LIMITS %XAMPLES OF PRESCRIPTION PERIODS s ! MOTOR VEHICLE INSURANCE CLAIM FORM MUST BE SENT IN WITHIN TWO YEARS FROM THE DATE OF THE ACCIDENT s )F SOMEONE HAS BEEN UNFAIRLY DISMISSED AND WISHES TO APPLY FOR REINSTATEMENT THE APPLICATION FOR REINSTATEMENT MUST BE REFERRED TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION WITHIN DAYS OF THE UNFAIR DISMISSAL s !PPLICATIONS FOR 5NEMPLOYMENT )NSURANCE &UND "ENEFITS n IF YOU ARE OUTSIDE THE PRESCRIPTION PERIOD YOU MAY LOSE ALL YOUR EMPLOYMENT BENEFITS 4HE )NSTITUTION OF ,EGAL PROCEEDINGS AGAINST CERTAIN /RGANS OF STATE !CT .O OF HAS CHANGED THE PRESCRIPTION PERIODS FOR CLAIMS AGAINST GOVERNMENT BODIES )N TERMS OF THIS !CT YOU MUST DO THE FOLLOWING s 'IVE NOTICE IN WRITING OF YOUR INTENTION TO INSTITUTE LEGAL ACTION AGAINST A GOVERNMENT BODY WITHIN MONTHS OF THE CLAIM ARISING 4HE NOTICE MUST BE SERVED ON THE PERSON BY HAND OR BY ELECTRONIC MAIL OR FAX s -AKE A CLAIM AGAINST THE RELEVANT BODY WITHIN YEARS OF THE CLAIM ARISING )F YOU DONT GIVE THE REQUIRED MONTHS NOTICE AND YOU HAVE GOOD REASONS FOR NOT GIVING PROPER NOTICE YOU CAN APPLY TO THE COURT FOR CONDONATION 4HIS MEANS YOU ASK THE COURT TO ALLOW YOU TO CONTINUE WITH THE CLAIM EVEN THOUGH IT HAS OFFICIALLY PRESCRIBED BECAUSE YOU HAD GOOD REASONS FOR FAILING TO GIVE NOTICE
02%0!2).' &/2 ! #)6), #,!)"EFORE THE STEPS IN A CIVIL CLAIM CAN BEGIN THIS IS WHAT YOU MUST DO s $RAW UP A STATEMENT n -AKE A STATEMENT ABOUT WHAT HAPPENED TO YOU s #OLLECT EVIDENCE TO SUPPORT YOUR CASE &OR EXAMPLE TAKE PHOTOGRAPHS OF YOUR INJURIES GO TO A DOCTOR AND GET TREATMENT AND A MEDICAL CERTIFICATE GET THE NAMES ADDRESSES AND STATEMENTS OF WITNESSES WHO SAW THE INCIDENT s 3EE A ATTORNEY IF THIS IS APPROPRIATE n 4AKE YOUR STATEMENT TO A ATTORNEY 4HE ATTORNEY WILL CHECK YOUR STATEMENT AND THEN MAKE YOUR STATEMENT INTO A SWORN STATEMENT CALLED AN AFFIDAVIT 9OU MUST THEN SWEAR THAT WHAT YOU SAY IN YOUR AFFIDAVIT IS THE TRUTH s -AKE A CRIMINAL CLAIM AT THE SAME TIME n 2EMEMBER THAT IF THE ACT AGAINST YOU IS A CRIMINAL ACT THEN YOU CAN MAKE A CIVIL CLAIM AND A CRIMINAL CASE AT THE SAME TIME &OR EXAMPLE IF SOMEONE ASSAULTS YOU YOU CAN MAKE A CRIMINAL CHARGE AGAINST THAT PERSON BECAUSE IT IS A CRIME TO ASSAULT SOMEONE 9OU CAN ALSO BRING A CIVIL CLAIM AGAINST THAT PERSON FOR DAMAGES FOR EXAMPLE PAIN AND SUFFERING LOSS OF WAGES MEDICAL COSTS AND SO ON
34%03 ). ! #)6), #,!)- ). ! -!')342!4%3 #/524 4HE AIM IN A CIVIL CLAIM IS FOR THE PLAINTIFF TO PROVE TO THE COURT THAT HIS OR HER CASE IS @MORE LIKELY THAN THE CASE OF THE DEFENDANT )N THE COURT THEY SAY THIS MUST BE PROVED ON A gBALANCE OF PROBABILITIESg 4HIS IS DIFFERENT FROM THE CRIMINAL CASE WHERE THE STATE HAS TO PROVE THAT THE ACCUSED COMMITTED THE CRIME gBEYOND ALL REASONABLE DOUBTg
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35--!29 /& 34%03 ). ! #)6), #,!),ETTER OF DEMAND n 4HE PLAINTIFFgS ATTORNEY WRITES A LETTER TO THE DEFENDANT 4HIS LETTER SAYS WHAT THE PLAINTIFF WANTS AND GIVES THE DEFENDANT A CERTAIN NUMBER OF DAYS TO DO IT )T IS A WARNING THAT THE PLAINTIFF PLANS TO TAKE THE OTHER PERSON TO COURT UNLESS THE DEFENDANT AGREES TO HIS OR HER DEMANDS )SSUING A SUMMONS n )F THERE IS NO REPLY TO THE LETTER OF DEMAND THE ATTORNEY DRAWS UP AND ISSUES A SUMMONS 4HE SUMMONS IS A DOCUMENT STAMPED BY THE COURT SETTING OUT THE DETAILS OF THE PLAINTIFFgS CLAIM )T ALSO TELLS THE DEFENDANT TO TELL THE COURT WITHIN DAYS WHETHER THE CASE WILL BE DEFENDED 4HE DEFENDANT CAN ANSWER THE SUMMONS IN ONE OF THESE WAYS s ADMIT TO OWING THE MONEY AND PAY IMMEDIATELY OR s TRY TO SETTLE THE CASE BY REACHING AN AGREEMENT WITH THE OTHER SIDE AFTER DISCUSSING IT WITH THE PLAINTIFFgS ATTORNEY OR s DEFEND THE CLAIM IN WHICH CASE THE FORM CALLED A .OTICE OF )NTENTION TO $EFEND WHICH IS AT THE BACK OF THE SUMMONS MUST BE COMPLETED AND RETURNED TO THE COURT )N ALL CASES IT IS VERY IMPORTANT NOT TO )'./2% THE SUMMONS OR TO WAIT UNTIL AFTER THE RETURN DATE HAS EXPIRED )F THE DEFENDANT DOESNgT TELL THE COURT THAT THE CASE WILL BE DEFENDED IN OTHER WORDS IF THE DEFENDANT DOES NOTHING ABOUT THE SUMMONS THEN JUDGMENT WILL BE GIVEN IN FAVOUR OF THE PLAINTIFF 4HIS TYPE OF JUDGMENT IS CALLED A DEFAULT JUDGMENT
$%&!5,4 *5$'-%.4 )F THE COURT GIVES THE DEFAULT JUDGMENT THE PLAINTIFF CAN CLAIM AGAINST THE DEFENDANTgS PROPERTY WITH A 7ARRANT OF %XECUTION 4HE COURT WILL TAKE SOME OF THE DEFENDANTgS POSSESSIONS AND SELL THEM TO GET MONEY TO PAY THE PLAINTIFF
4(% $%&%.#% )F THE DEFENDANT WANTS TO DEFEND THE CASE IN COURT THEN HE OR SHE MUST FILL IN A FORM CALLED A .OTICE OF )NTENTION TO $EFEND WHICH IS A FORM AT THE BACK OF THE SUMMONS )T GIVES THE REASONS WHY THE DEFENDANT DOES NOT WANT TO PAY WHAT THE PLAINTIFF CLAIMS IN THE SUMMONS 4HE FORM MUST BE STAMPED AT THE COURT 4HEN A COPY IS GIVEN TO THE PLAINTIFFgS ATTORNEY
0,%!$).'3 4HE LEGAL DOCUMENTS IN A CIVIL CLAIM ARE CALLED PLEADINGS 4HESE PLEADINGS ARE DIFFICULT TO UNDERSTAND SO IT IS A GOOD IDEA TO GET A ATTORNEY TO DEFEND A CIVIL CLAIM 4HE ATTORNEYS FROM BOTH SIDES SET OUT THE LEGAL FACTS IN THE PLEADINGS 0LEADINGS ARE DRAFTED ACCORDING TO THE RULES OF THE COURT 4HE ATTORNEYS SEND ALL THE INFORMATION TO EACH OTHER !T ANY TIME DURING THE PLEADINGS OR EVEN DURING THE COURT CASE THE PLAINTIFF AND DEFENDANT CAN DECIDE TO SETTLE THE CASE )N OTHER WORDS THEY CAN REACH AN AGREEMENT ON THEIR OWN WITHOUT THE MAGISTRATE OR JUDGE HAVING TO DECIDE THE CASE 4HE AIM OF SETTLING A CASE IS USUALLY TO SAVE BOTH SIDES TIME AND MONEY )F THE CASE IS NOT SETTLED THIS WAY THEN IT WILL GO TO COURT
4(% 42)!, !T THE TRIAL THE PLAINTIFFgS ATTORNEY AND THE DEFENDANTgS ATTORNEY EACH PRESENT THEIR SIDE OF THE CASE 4HIS IS DONE BY GIVING EVIDENCE AND CALLING WITNESSES !S IN CRIMINAL CASES WITNESSES CAN BE CROSS EXAMINED AND RE EXAMINED 7HEN THE ATTORNEYS DECIDE THEY HAVE LED ENOUGH EVIDENCE THEY CLOSE THEIR CLIENTgS CASES %ACH ATTORNEY TRIES TO PERSUADE THE COURT THAT HIS OR HER CLIENT SHOULD WIN
*5$'-%.4 4HE MAGISTRATE OR JUDGE DECIDES WHICH SIDE IS RIGHT AND GIVES A JUDGMENT IN FAVOUR OF THAT SIDE
2%6)%7 /2 !00%!, 4HE PLAINTIFF OR DEFENDANT CAN APPLY FOR AN APPEAL OR A REVIEW IF HE OR SHE IS NOT SATISFIED WITH THE OUTCOME OF THE CASE OR WITH THE WAY THE PROCEEDINGS WERE CONDUCTED 3EE PAGE 4RIALS APPEALS AND REVIEWS
#/343 5SUALLY THE PARTY THAT LOSES THE CASE MUST PAY HIS OR HER OWN LEGAL COSTS AND MOST OF THE LEGAL COSTS OF THE OTHER SIDE )T IS UP TO THE MAGISTRATE OR JUDGE TO DECIDE AS PART OF THE COURTS JUDGEMENT
%.&/2#).' ! #)6), *5$'-%.4 %NFORCING A JUDGMENT MEANS MAKING SURE THAT THE PARTY THAT LOST THE CASE PAYS UP )T IS USUALLY NECESSARY TO USE A ATTORNEY TO ENFORCE A JUDGMENT 4HERE ARE DIFFERENT WAYS TO ENFORCE A JUDGEMENT INCLUDING PAYING INSTALMENTS AND GETTING A WARRANT OF EXECUTION
0!9).' ). ).34!,-%.43 )F THE DEFENDANT CANNOT PAY THE SUM OF MONEY ALL AT ONCE HE OR SHE CAN OFFER TO PAY IN INSTALMENTS
7!22!.4 /& %8%#54)/. )F THE DEFENDANT STILL DOES NOT PAY AFTER THE JUDGMENT HAS BEEN GIVEN THE PLAINTIFF CAN ASK THE COURT TO ISSUE A 7ARRANT OF %XECUTION 4HIS IS A COURT ORDER WHICH SAYS THE 3HERIFF OF THE #OURT CAN GO TO THE DEFENDANTgS HOME AND LIST THE ITEMS OWNED BY HIM OR HER LIKE A TELEVISION SET FRIDGE RADIO MOTOR CAR AND SO ON 4HIS IS CALLED ATTACHING THE PROPERTY 4HE 3HERIFF OF THE #OURT CAN ALSO ATTACH THE WHOLE HOUSE IF NECESSARY 4HE COURT ATTACHES THE DEFENDANTgS PROPERTY BECAUSE THIS IS THE ONLY WAY IT CAN FORCE THE DEFENDANT TO PAY THE JUDGMENT COSTS AND ANY OTHER AMOUNTS THE DEFENDANT OWES FOR EXAMPLE THE 3HERIFF OF THE #OURTgS FEES AND THE PLAINTIFFgS LEGAL COSTS 4HE 3HERIFF OF THE #OURT THEN TAKES THE ATTACHED PROPERTY AND SELLS IT 4HE AMOUNT OF THE JUDGMENT PLUS LEGAL COSTS IS THEN PAID TO THE PLAINTIFF FROM WHAT IS MADE AT THE SALE )F ANYTHING IS LEFT OVER IT WILL BE PAID BACK TO THE DEFENDANT )F THE DEFENDANT DOES NOT HAVE ENOUGH PROPERTY WHICH CAN BE SOLD TO PAY OFF THE PLAINTIFFgS CLAIM THE PLAINTIFF CAN ASK THE COURT TO LOOK INTO THE DEFENDANTgS FINANCIAL POSITION 4HE COURT CAN THEN ORDER THE DEFENDANT TO PAY A CERTAIN AMOUNT EACH MONTH OR HAVE A CERTAIN AMOUNT TAKEN OFF FROM HIS OR HER SALARY EACH MONTH BY THE EMPLOYER AND SENT TO THE PLAINTIFF )F THE DEFENDANT REFUSES TO OBEY THIS COURT ORDER SHE OR HE CAN BE ARRESTED FOR CONTEMPT OF COURT
02/",%-3 7)4( #)6), #,!)-3 4IME LIMITS n 4HERE IS OFTEN A TIME LIMIT ON WHEN YOU CAN BRING YOUR CLAIM 4HESE TIME LIMITS ARE CALLED PRESCRIPTION PERIODS )F YOU BRING YOUR CLAIM TOO LATE THE COURT WILL NOT ACCEPT IT 3EE PAGE 0RESCRIPTION PERIODS ,ONG TIME TO COME TO COURT n #IVIL CLAIMS OFTEN TAKE A LONG TIME TO GET TO COURT AND TO BE SETTLED #OLLECTING GOOD EVIDENCE n 9OU NEED VERY GOOD EVIDENCE TO WIN A CIVIL CLAIM #OST OF THE CIVIL CLAIM n #IVIL CLAIMS COST A LOT OF MONEY TO BRING )F YOU WIN YOUR CASE THEN THE OTHER SIDE WILL USUALLY HAVE TO PAY YOUR LEGAL COSTS )F YOU LOSE YOUR CASE YOU WILL USUALLY HAVE TO PAY THE OTHER SIDEgS COSTS
3-!,, #,!)-3 #/524 3## 4HE 3## IS A CIVIL COURT BUT THE PROCEDURES INVOLVED ARE MUCH SIMPLER AND YOU CAN ONLY USE IT FOR CERTAIN gSMALLg CIVIL CLAIMS ! gSMALLg CLAIM IS A CLAIM WITH A VALUE OF UP TO 2 )F YOUR CLAIM IS FOR MORE THAN 2 YOU EITHER HAVE TO USE THE ORDINARY MAGISTRATES COURT OR YOU CAN GIVE UP PART OF YOUR CLAIM SO THAT IT REDUCES TO 2 #ERTAIN CLAIMS CANNOT BE HEARD IN THE 3## EVEN IF THEIR VALUE IS 2 OR LESS %XAMPLES OF THESE CLAIMS ARE s DIVORCE s MATTERS CONCERNING A WILL s MALICIOUS PROSECUTION s WRONGFUL IMPRISONMENT s SEDUCTION s BREACH OF PROMISE TO MARRY 4HE 3## WILL ALSO NOT HEAR CASES WHICH THE #OMMISSIONER THINKS INVOLVE DIFFICULT QUESTIONS OF LAW AND SO SHOULD BE HEARD BY A -AGISTRATEgS #OURT 4HE STATE MAY NOT USE THE 3## AND YOU MAY NOT USE IT AGAINST THE STATE FOR EXAMPLE TO MAKE A CASE AGAINST THE POLICE 9OU CAN USE THE 3## TO CLAIM FROM AN ORGANISATION A TOWN COUNCIL OR A COMPANY "UT AN ORGANISATION TOWN COUNCIL OR A COMPANY MAY NOT USE THIS COURT TO CLAIM AGAINST YOU
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s 9OU WORK AS A DOMESTIC WORKER AND HAVE NOT BEEN PAID FOR THREE MONTHS 9OU WANT TO CLAIM WAGES FROM YOUR EMPLOYER s 9OU BOUGHT A SECOND HAND TAPE PLAYER WHICH STOPS WORKING AFTER THE FIRST MONTH 9OU CAN CLAIM AGAINST THE SELLER s 9OU ARE ASSAULTED AND HAVE TO HAVE TREATMENT FOR YOUR WOUNDS 9OU CAN CLAIM AGAINST THE PERSON WHO ASSAULTED YOU FOR PAIN AND SUFFERING LOST WAGES MEDICAL FEES AND SO ON s 3OMEONE NEGLIGENTLY DRIVES INTO YOUR CAR CAUSING 2 WORTH OF DAMAGE 9OU CAN SUE THE DRIVER OF THE OTHER CAR FOR THIS AMOUNT s 9OU PAID SOMEONE TO DO WORK FOR YOU AND THEY DID NOT DO IT PROPERLY 9OU CAN CLAIM SOME OF YOUR MONEY BACK
.EITHER YOU NOR YOUR OPPONENT CAN USE A ATTORNEY IN THE 3##
7()#( 3-!,, #,!)-3 #/524 -534 9/5 53% 4/ -!+% ! #,!)- 9OUR CLAIM WILL BE HEARD IN THE 3MALL #LAIMS #OURT FOR THE AREA WHERE THE DEFENDANT LIVES OR WHERE THE hCAUSE OF ACTIONv AROSE n YOU CAN CHOOSE EITHER OF THESE TWO OPTIONS 4HE LEGAL TERM hCAUSE OF ACTIONv MEANS THE REASON FOR YOUR CLAIM OR WHAT CAUSED YOUR CLAIM &OR EXAMPLE IF YOU PARK YOUR CAR OUTSIDE YOUR HOME AND &ABIO SMASHES INTO IT THE CAUSE OF ACTION WILL BE THE COLLISION THAT WAS CAUSED BY &ABIO (OWEVER &ABIO LIVES IN 0RETORIA AND YOU LIVE IN *OHANNESBURG 7HICH SMALL CLAIMS COURT SHOULD YOU TAKE THE CASE TO 9OU CAN CHOOSE TO TAKE THE CLAIM TO THE 0RETORIA 3MALL #LAIMS #OURT WHERE THE DEFENDANT &ABIO LIVES OR TO THE *OHANNESBURG SMALL CLAIMS COURT WHERE THE CAUSE OF ACTION AROSE )F THE -AGISTRATES #OURT FOR THE AREA WHERE YOU LIVE HAS A 3MALL #LAIMS #OURT PHONE AND ASK THE #LERK OF THE 3MALL #LAIMS #OURT FOR HELP )F THE -AGISTRATES #OURT FOR YOUR AREA DOES NOT HAVE A 3MALL #LAIMS #OURT THE #LERK OF THE #IVIL #OURT WILL ADVISE YOU WHERE TO TAKE YOUR CLAIM
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,%44%2 /& $%-!.$ )F YOU WANT TO USE THE 3## YOU MUST SEND AN OFFICIAL 3MALL #LAIMS #OURT LETTER OF DEMAND TO THE DEFENDANT 9OU CAN GET A FORM FOR THE LETTER OF DEMAND AT THE 3## 4HE #LERK OF THE 3MALL #LAIMS #OURT WILL COMPLETE THE ,ETTER OF $EMAND FOR YOU )NCLUDE IN YOUR LETTER OF DEMAND A FULL DESCRIPTION OF YOUR CLAIM 3EE PAGE -ODEL LETTER OF DEMAND FOR THE 3##
4HE DEFENDANT IS GIVEN WORKING DAYS TO PAY YOUR CLAIM 4HE DAYS START FROM THE FIRST WORKING DAY AFTER THE DEFENDANT HAS RECEIVED YOUR LETTER )F THE DEFENDANT DOES NOT REPLY WITHIN DAYS YOU CAN TAKE THE NEXT STEP WHICH IS ISSUING A SUMMONS 4HE ,ETTER OF $EMAND MUST BE IN DUPLICATE 4HERE ARE THREE WAYS TO DELIVER THE LETTER 3END IT BY REGISTERED POST +EEP THE REGISTRATION SLIP AND CONTACT THE POST OFFICE BY PHONING THE TOLL FREE NUMBER ON THE REGISTRATION SLIP )F THE DEFENDANT RECEIVES THE LETTER THE POST OFFICE WILL INFORM YOU OF THE DATE OF RECEIPT AND YOU CALCULATE THE WORKING DAYS STARTING FROM THE FIRST WORKING DAY AFTER RECEIPT OF THE LETTER )F THE DEFENDANT DOES NOT COLLECT YOUR LETTER THE LETTER WILL BE RETURNED TO YOU BY THE POST OFFICE UNCLAIMED AFTER A FULL MONTH 9OU MAY ALSO COLLECT THE UNCLAIMED LETTER AT THE POST OFFICE AFTER A FULL MONTH (AND DELIVER THE ORIGINAL COPY OF THE LETTER TO THE DEFENDANT YOURSELF )F YOU HAND DELIVER THE LETTER THE DEFENDANT MUST SIGN YOUR COPY OF IT AS ACKNOWLEDGMENT OF RECEIPT +EEP THIS SIGNED COPY IN A SAFE PLACE )F THE DEFENDANT REFUSES TO SIGN YOUR COPY OR REFUSES DELIVERY GO TO THE NEAREST POLICE STATION TO SIGN AN AFFIDAVIT TO SAY EFFECT THAT YOU DELIVERED THE LETTER TO THE DEFENDANT BUT HE OR SHE REFUSED TO SIGN ACKNOWLEDGMENT OR REFUSED DELIVERY 4AKE THE LETTER TO THE SHERIFF SERVING THE AREA WHERE THE DEFENDANT LIVES FOR HAND DELIVERY 4HIS WILL COST YOU A SMALL FEE
)335).' 4(% 35--/.3 )F THE DEFENDANT RECEIVES YOUR LETTER BUT FAILS TO PAY AFTER DAYS YOU SHOULD RETURN TO THE #LERK OF THE 3MALL #LAIMS #OURT WITH YOUR REGISTRATION SLIP AND YOUR COPY OF YOUR LETTER 4HE CLERK WILL THEN ISSUE YOU WITH A SUMMONS WHICH WILL HAVE A COURT DATE ON IT 9OU MUST IMMEDIATELY TAKE THE SUMMONS TO THE SHERIFF TO SERVE ON THE DEFENDANT 9OU CAN CLAIM THIS COST BACK FROM THE DEFENDANT IN ADDITION TO YOUR CLAIM 4HE SHERIFF WILL INFORM YOU BY MEANS OF THE h3HERIFFS 2ETURN OF 3ERVICEv WHETHER OR NOT HE OR SHE WAS ABLE TO SERVE THE SUMMONS )F THE SHERIFF IS UNABLE TO SERVE THE SUMMONS FOR EXAMPLE IF THE DEFENDANT HAS MOVED TO ANOTHER ADDRESS THEN THE SHERIFF WILL INFORM YOU OF THE REASON 4HE CLERK OF THE COURT WILL TELL WHAT STEPS TO TAKE AFTER THIS 4HE SUMMONS GIVES THE DEFENDANT DAYS TO PAY YOUR CLAIM )T ALSO GIVES A DATE AFTER THE DAYS WHEN SHE OR HE MUST APPEAR IN THE 3## IF THE CLAIM IS NOT SETTLED 9OU WILL ALSO HAVE TO APPEAR IN COURT ON THE DAY REFERRED TO ON THE SUMMONS
4(% 42)!, !T THE TRIAL THE 3MALL #LAIMS #OMMISSIONER WHO IS USUALLY A ATTORNEY PRESIDES OVER THE CASE 4HE #OMMISSIONER EXPLAINS THE COURT PROCEDURE TO BOTH SIDES AND ASKS ALL THE QUESTIONS 9OU CAN ONLY ASK YOUR OPPONENT QUESTIONS WHEN THE #OMMISSIONER SAYS THAT YOU CAN )F YOU DO NOT UNDERSTAND %NGLISH OR !FRIKAANS YOU CAN ASK FOR AN INTERPRETER BUT YOU MUST ASK FOR THIS BEFORE THE DAY OF THE CASE "OTH YOU AND YOUR OPPONENT CAN CALL ANY WITNESSES TO SUPPORT YOUR CASES 4HE #OMMISSIONER WILL QUESTION THE WITNESSES 4HE PARTIES SHOULD ALSO BRING ANY DOCUMENTS INVOLVED IN THE CASE FOR EXAMPLE AN INVOICE RECEIPT PHOTOGRAPHS STATEMENTS BY OTHER PEOPLE AND SO ON WHICH COULD BE USED AS PROOF
#HANGING THE CLAIM !T ANY TIME BEFORE THE CASE YOU CAN ASK THE 3MALL #LAIMS #OMMISSIONER TO CHANGE SOME OF THE DETAILS IN ANY OF THE DOCUMENTS /R YOU CAN ASK THE COURT TO STOP THE CLAIM ALTOGETHER 4HE #OMMISSIONER WILL ALLOW ANY CHANGES WHICH HE OR SHE DECIDES ARE REASONABLE
4(% #/--)33)/.%2 ')6%3 *5$'-%.4 7HEN THE #OMMISSIONER HAS HEARD ALL THE EVIDENCE HE OR SHE WILL DECIDE ON A gBALANCE OF PROBABILITIESg WHO IS RIGHT 4HIS IS THE SAME AS IN OTHER CIVIL CASES 4HE #OMMISSIONER DOES NOT HAVE TO LISTEN TO ALL THE WITNESSES IF HE OR SHE THINKS IT IS NOT NECESSARY 4HERE ARE THREE POSSIBLE JUDGEMENTS THAT THE #OMMISSIONER CAN GIVE s *UDGEMENT IN FAVOUR OF THE CLAIMANT ALSO CALLED THE 0LAINTIFF 4HE LOSER CANNOT APPEAL AND HAS WORKING DAYS TO PAY THE CLAIM WHICH INCLUDES THE REFUND OF THE SHERIFFgS FEES TO THE CLAIMANT s *UDGEMENT IN FAVOUR OF THE $EFENDANT 4HIS MEANS THE CLAIMANT HAS LOST HIS OR HER CASE 4HE CLAIMANT MAY NOT APPEAL AGAINST THIS JUDGEMENT s !BSOLUTION FROM THE )NSTANCE 4HIS RULING IS GIVEN IF THE #OMMISSIONER CANNOT DECIDE WHICH SIDE TO BELIEVE )T MEANS NEITHER SIDE HAS WON )F THIS JUDGEMENT IS GIVEN THE CLAIMANT CAN AT A LATER STAGE MAKE A CLAIM IN THE SMALL CLAIMS COURT &OR EXAMPLE THE CLAIMANT MIGHT FIND PROOF OF HIS CLAIM AFTER THE COURT HEARING WHICH WOULD HELP HIM WIN HIS CLAIM NEXT TIME
7(!4 (!00%.3 )& 4(% $%&%.$!.4 $/%3 ./4 !00%!2 ). #/524
$EFAULT *UDGMENT )F THE DEFENDANT IS ABSENT AND THE CLAIMANT IS PRESENT AT COURT THE COURT WILL FIRST ENSURE THAT THE CLAIM IS VALID THEN IT WILL GIVE THE CLAIMANT A $EFAULT *UDGMENT AGAINST THE DEFENDANT 4HE TERM DEFAULT MEANS THE DEFENDANT FAILED TO ATTEND THE PROCEEDINGS 4HE DEFENDANT NOW HAS WORKING DAYS TO PAY STARTING FROM THE DAY AFTER THE DEFENDANT IS INFORMED OF THE $EFAULT *UDGMENT ! LETTER WILL BE SENT BY THE SMALL CLAIMS COURT TO THE DEFENDANT NOTIFYING HIM OR HER OF THE DEFAULT JUDGMENT
2ESCINDING SETTING ASIDE A $EFAULT *UDGMENT )F THE DEFENDANT HAS A LEGALLY VALID DEFENCE TO THE CLAIM !.$ A VALID REASON FOR FAILING TO APPEAR IN COURT HE HAS TO HAVE BOTH HE CAN ASK THE COURT TO RESCIND OR CANCEL THE DEFAULT JUDGMENT (E DOES THIS BY IMMEDIATELY LODGING A 2ESCISSION !PPLICATION WITH THE SMALL CLAIMS COURT ONCE HE BECOMES AWARE OF THE DEFAULT JUDGMENT ./4% ,ACK OF MONEY IS NOT A VALID DEFENCE TO A CLAIM @&ORGETTING THE COURT DATE PERSONAL COMMITMENTS OR BUSINESS PRESSURES ARE ALSO NOT VALID REASONS FOR FAILING TO ATTEND A COURT HEARING )F THE COURT GRANTS A RESCISSION APPLICATION THE CLAIM STARTS FROM THE BEGINNING AND THE CLAIMANT AND DEFENDANT BOTH HAVE TO APPEAR IN COURT 3EE PAGE 4HE TRIAL
7(!4 (!00%.3 )& 4(% #,!)-!.4 $/%3 ./4 !00%!2 ). #/524 )F A CLAIMANT FAILS TO APPEAR IN COURT FOR WHATEVER REASON THE #OMMISSIONER WRITES ON THE FILE REMOVED FROM ROLL 4HIS MEANS THE CLAIMANT HAS TO START HIS CASE ALL OVER AGAIN BY ISSUING A FRESH SUMMONS AND PAYING THE SHERIFFgS FEE A SECOND TIME
34%03 &/,,/7).' *5$'-%.4 4HE JUDGMENT OF THE COURT IS FINAL UNLESS THERE ARE GROUNDS FOR REVIEW 7HOEVER HAS JUDGEMENT GIVEN AGAINST THEM MUST DO WHAT THE COURT SAYS
4!+).' ! *5$'-%.4 /. 2%6)%7 4HE #OMMISSIONERgS DECISION OR JUDGMENT CANNOT BE TAKEN ON APPEAL (OWEVER THE #OMMISSIONERgS JUDGMENT CAN BE TAKEN ON REVIEW IN THE (IGH #OURT ON THREE GROUNDS 3EE PAGE 7HAT IS A REVIEW s )F THE COURT DID NOT HAVE JURISDICTION )N OTHER WORDS THE CASE SHOULD NOT HAVE BEEN HEARD IN THAT COURT s )F THE #OMMISSIONER WAS BIASED OR CORRUPT s )F THE PROPER PROCEDURE WAS NOT FOLLOWED IN THE #OURT 4HIS IS ALSO CALLED A GROSS IRREGULARITY &OR EXAMPLE IF THE #OMMISSIONER DID NOT ALLOW ONE OF THE SIDES TO TELL THEIR STORY THIS IS NOT PROPER PROCEDURE BECAUSE EACH SIDE MUST GET A FAIR HEARING
%.&/2#).' ! 3-!,, #,!)-3 #/524 *5$'-%.4 )F THE DEFENDANT FAILS TO PAY THE CLAIM IN TERMS OF THE COURT ORDER YOU WILL HAVE TO TRANSFER YOUR CLAIM TO THE ORDINARY CIVIL COURTS 9OU CAN GET A DOCUMENT CALLED A 7RIT OF %XECUTION AGAINST -OVEABLE 0ROPERTY AT A STATIONARY SHOP 4HE CLERK OF THE 3MALL #LAIMS #OURT !DMINISTRATION MAY HELP YOU TO COMPLETE THE DOCUMENT 9OU MUST THEN TAKE THIS DOCUMENT TO THE 3HERIFF AS YOU DID WITH THE SUMMONS 4HE 7RIT GIVES THE SHERIFF THE RIGHT TO SEIZE ANY ATTACHABLE PROPERTY BELONGING TO THE DEFENDANT 4HE SHERIFF WILL CHARGE A FEE FOR DOING THIS .OTE )T IS EXPENSIVE TO TRY AND ENFORCE THE SMALL CLAIMS JUDGMENT IN THE ORDINARY CIVIL COURTS ESPECIALLY IF THE DEFENDANT HAS DISAPPEARED OR DOES NOT OWN ANY PROPERTY THAT CAN BE ATTACHED 9OU NEED TO DECIDE WHETHER IT IS WORTH YOUR TIME MONEY AND EFFORT TO CONTINUE TRYING TO ENFORCE THE JUDGEMENT IN THE CIVIL COURTS
%15!,)49 #/5243 !NYONE CAN TAKE A CASE TO THE %QUALITY #OURT IF THEY FEEL THEY HAVE BEEN DISCRIMINATED AGAINST ON ANY OF THE GROUNDS FOR NON DISCRIMINATION LISTED IN THE #ONSTITUTION 3EE PAGE %QUALITY COURTS 7HEN YOU LODGE A CASE WITH THE %QUALITY #OURT IT IS UP TO THE OTHER PARTY THE PERSON WHO HAS BEEN ACCUSED OF DISCRIMINATION TO PROVE TO THE #OURT THAT THEY DID NOT UNFAIRLY DISCRIMINATE AGAINST YOU
2%&%22).' ! #!3% 4/ 4(% %15!,)49 #/524 )F YOU HAVE ANY QUESTIONS ON WHETHER YOU SHOULD LODGE A CASE HOW A CASE IS PROGRESSING OR WHAT YOU WOULD LIKE TO ASK THE #OURT TO DO YOU CAN ASK THE %QUALITY CLERK AT THE #OURT )T DOES NOT COST ANYTHING TO BRING A CASE TO THE %QUALITY COURT UNLESS YOU FAIL TO ATTEND A COURT DATE WITHOUT GOOD REASON THEN THE COURT MIGHT MAKE YOU PAY THE COSTS OF THE SIDE THAT DID ATTEND 4HE %QUALITY #LERK OR THE 3OUTH !FRICAN (UMAN 2IGHTS #OMMISSION CAN ADVISE YOU ON GETTING LEGAL ASSISTANCE 4HE !CT SAYS THAT THE #OURT STAFF MUST HELP PEOPLE FIND LEGAL ASSISTANCE IF THEY ASK FOR IT (OWEVER LEGAL ASSISTANCE DOES NOT NECESSARILY REFER TO A QUALIFIED ATTORNEY ,EGAL ASSISTANCE CAN BE GIVEN BY A MEMBER OF STAFF FROM A .ON PROFIT ORGANISATION .0/ SOMEONE FROM AN !DVICE /FFICE A PARALEGAL OR SENIOR LAW STUDENT OR ANYONE WHO UNDERSTANDS THE SUBJECT AND HOW THE COURT WILL OPERATE )F A COMPLAINT INVOLVES SPECIAL KNOWLEDGE OF A PARTICULAR CULTURAL COMMUNITY THE PRESIDING OFFICER CAN APPOINT UP TO TWO RECOGNISED EXPERTS IN THIS AREA CALLED ASSESSORS TO HELP THE #OURT UNDERSTAND THE CASE MORE CLEARLY )F YOU DO NOT SPEAK THE MAIN LANGUAGE USED BY THE %QUALITY #OURT YOU HAVE THE RIGHT TO BE HELPED BY AN INTERPRETER
34%03 4/ 4!+% ). 2%&%22).' ! #!3% 4/ 4(% %15!,)49 #/524
#ONTACT YOUR LOCAL -AGISTRATESg #OURT AND ASK IF THEY ARE AN %QUALITY #OURT )F THEY ARE NOT ASK WHERE THE CLOSEST %QUALITY #OURT IS
'O TO THE %QUALITY #OURT AND LODGE YOUR #OMPLAINT WITH THE %QUALITY #LERK 4HE #LERK WILL HELP YOU TO COMPLETE THE RELEVANT FORM
4HE %QUALITY #LERK MUST WITHIN DAYS NOTIFY THE OTHER PARTY CALLED THE RESPONDENT THAT YOU HAVE LODGED A COMPLAINT 4HE RESPONDENT WILL BE GIVEN A FORM BY THE #LERK IF THEY DENY THE ALLEGATION AND WANT TO GIVE THEIR SIDE TO THE INCIDENT 4HEY MUST RETURN THE FORM TO THE %QUALITY #LERK WITHIN DAYS OF RECEIVING IT 4HE %QUALITY #LERK MUST ALSO PASS DETAILS OF THE COMPLAINT TO THE 0RESIDING /FFICER WITHIN DAYS OF YOU LODGING IT
4HE 0RESIDING /FFICER MUST DECIDE WITHIN DAYS IF THE CASE SHOULD BE HEARD BY THE %QUALITY #OURT OR WHETHER ANOTHER FORUM FOR EXAMPLE THE ##-! WOULD BE MORE APPROPRIATE TO DEAL WITH IT )F THE 0RESIDING /FFICER THINKS ANOTHER FORUM WOULD BE MORE APPROPRIATE SHE OR HE WILL COMPLETE A REFERRAL FORM AND SEND THIS TO THE %QUALITY #LERK 4HE %QUALITY #LERK WILL NOTIFY THE ALTERNATIVE FORUM )T IS THEN UP TO THE ALTERNATIVE FORUM TO CONTACT THE PARTIES
)F THE 0RESIDING /FFICER AGREES THIS IS A CASE FOR THE %QUALITY #OURT THEN THE %QUALITY #LERK MUST SET THE FIRST COURT DATE WHICH IS CALLED A $IRECTIONS (EARING !T THIS (EARING THE 0RESIDING /FFICER WILL SORT OUT ISSUES SUCH AS WHEN CAN THE PARTIES COME TO TRIAL DOES ANYONE NEED AN INTERPRETER OR SHOULD ASSESSORS BE USED
4HE %QUALITY #LERK MUST THEN LEGALLY SERVE NOTICE OF THE HEARING ON THE PARTIES )F EITHER OF THE PARTIES CANNOT AFFORD TO PAY FOR THE NOTICE TO BE SERVED THE %QUALITY #LERK CAN DECIDE THAT THE 3TATE MUST PAY FOR THIS
4HE PARTIES MUST THEN APPEAR IN THE %QUALITY #OURT ON THE DATE SET BY THE #OURT
7(!4 /2$%2 #!. 4(% %15!,)49 #/524 -!+% )T IS THE DUTY OF THE %QUALITY #OURT TO DECIDE WHETHER UNFAIR DISCRIMINATION HATE SPEECH OR HARASSMENT AS THE CASE MAY BE HAS TAKEN PLACE AS ALLEGED IN THE COMPLAINT !FTER HOLDING THE ENQUIRY THE COURT WILL DECIDE WHAT ORDER TO MAKE 4HE ORDER COULD BE s A SETTLEMENT BETWEEN THE PARTIES s PAYMENT OF DAMAGES s REQUIRING THE UNFAIR DISCRIMINATORY PRACTICES TO STOP OR THAT SPECIFIC STEPS MUST BE TAKEN TO STOP THE UNFAIR DISCRIMINATION HATE SPEECH OR HARASSMENT s MAKING AVAILABLE SPECIFIC OPPORTUNITIES ANDOR PRIVILEGES THAT HAVE BEEN UNFAIRLY DENIED TO THE COMPLAINANT s IMPLEMENTING SPECIAL MEASURES TO ADDRESS THE UNFAIR DISCRIMINATION HATE SPEECH OR HARASSMENT s DIRECTING THE RESPONDENT TO ACCOMMODATE THE NEEDS OF A GROUP OR CLASS OF PEOPLE s AN UNCONDITIONAL APOLOGY s MAKING THE RESPONDENT GO THROUGH AN AUDIT OF SPECIFIC POLICIES OR PRACTICES THAT THE COURT DECIDES s DIRECTING THE CLERK OF THE %QUALITY #OURT TO SUBMIT THE MATTER TO THE $IRECTOR OF 0UBLIC 0ROSECUTIONS FOR THE POSSIBLE INSTITUTION OF CRIMINAL PROCEEDINGS
2)'(4 /& !00%!, !.$ 2%6)%7 ). 4(% %15!,)49 #/524 !NY PERSON WHO IS DISSATISFIED BY AN ORDER MADE BY THE %QUALITY #OURT MAY APPEAL AGAINST THE ORDER TO EITHER THE (IGH #OURT OR THE 3UPREME #OURT OF !PPEAL !N APPEAL CAN ALSO BE MADE DIRECTLY TO THE #ONSTITUTIONAL #OURT )F A PRESIDING OFFICER IN A -AGISTRATES #OURT RULES ON A GROUND OF DISCRIMINATION NOT LISTED BY THE !CT THE DECISION MUST BE SUBMITTED TO THE RELEVANT (IGH #OURT FOR REVIEW ONCE THE PROCEEDINGS HAVE BEEN FINALIZED
).4%2$)#43 7(!4 )3 !. ).4%2$)#4 !N INTERDICT IS THE NAME FOR A SPECIAL KIND OF COURT ORDER WHICH TELLS SOMEONE TO DO SOMETHING OR NOT TO DO SOMETHING &OR EXAMPLE YOU CAN ASK THE COURT TO MAKE A COURT ORDER TO STOP A LANDLORD IF HE TRIES TO EVICT TENANTS IN AN ILLEGAL WAY 9OU CAN APPLY FOR AN INTERDICT IN THE (IGH #OURT AND IN THE -AGISTRATEgS #OURT
7(/ #!. "2).' !. ).4%2$)#4 9OU CAN BRING AN INTERDICT IN WAYS s AS AN INDIVIDUAL REPRESENTING YOURSELF OR YOUR FAMILY s AS AN ORGANISATION OR CHURCH REPRESENTING THE MEMBERS OF YOUR ORGANISATION s AS A COMMUNITY LEADER ORGANISATION OR RELIGIOUS BODY REPRESENTING A COMMUNITY !S AN INDIVIDUAL YOU WILL HAVE TO ASK A ATTORNEY TO HELP YOU GET AN INTERDICT 34%03 ). '%44).' !. ).4%2$)#4
$2!7 50 4HE PERSON OR PEOPLE WHO WANTS TO GET AN INTERDICT MUST DRAW UP STATEMENTS 34!4%-%.43 OF WHAT HAS HAPPENED AND WHY THEY WANT THE INTERDICT 3EE PAGE 4AKING A STATEMENT !002/!#( ! !44/2.%9
#ONTACT A ATTORNEY AND HAND OVER THE STATEMENTS 4HE ATTORNEY WILL MEET THE PERSON WHO WANTS TO GET THE INTERDICT AS WELL AS ANY WITNESSES 4HE ATTORNEY WILL CHECK ON THE INFORMATION AND MAY WANT TO TAKE FURTHER STATEMENTS
-!+% 4HE ATTORNEY WILL DRAFT AFFIDAVITS FOR PEOPLE TO SIGN !&&)$!6)43 3EE PAGE !FFIDAVITS '%44).' !. 4HE ATTORNEY APPROACHES THE (IGH #OURT TO ASK FOR A TEMPORARY INTERDICT ).4%2)- ! TEMPORARY INTERDICT IS ALSO CALLED AN INTERIM INTERDICT )F YOU GET AN INTERIM ).4%2)#4 INTERDICT THIS MEANS THAT THE COURT GIVES YOU THE INTERDICT BUT ONLY FOR A SHORT TIME )N OTHER WORDS THE COURT SAYS THAT YOU ARE PROTECTED BUT ONLY UNTIL A CERTAIN DATE )N THE MEANTIME THE OTHER SIDE GETS A CHANCE TO ANSWER YOUR AFFIDAVITS AND DEFEND THEMSELVES 4HE INTERIM INTERDICT LASTS UNTIL THE CASE COMES BACK TO THE COURT AT THE SET DATE '%4 ! &).!, )F THE OTHER SIDE DECIDES TO FIGHT THE CASE A DATE WILL BE SET FOR THE (IGH #OURT ).4%2$)#4 TO DECIDE WHETHER YOU SHOULD GET A PERMANENT OR FINAL INTERDICT
02/",%-3 7)4( ).4%2$)#43 342)#4 ,%'!, 25,%3 &/2 "2).').' !. ).4%2$)#4 4HERE ARE VERY STRICT RULES FOR BRINGING AN INTERDICT WHICH STATE THAT YOU MUST s SHOW THE COURT THAT THE CASE IS 6%29 52'%.4 9OU MUST SHOW THAT THERE IS A VERY
REAL THREAT IF YOU DONgT GET THE INTERDICT 3EE PAGE 0ROBLEM (OW URGENT IS THE NEED FOR AN INTERDICT s HAVE 6%29 '//$ %6)$%.#% OF THE THREAT )N OTHER WORDS YOU MUST HAVE MANY STATEMENTS SUPPORTING YOUR CLAIM WITNESSES MEDICAL CERTIFICATES PHOTOGRAPHS AND SO ON s SHOW THAT ./ /4(%2 ,%'!, !#4)/. 7/5,$ 02/4%#4 YOU ENOUGH &OR EXAMPLE YOU MUST SHOW THAT USING THE ORDINARY CRIMINAL COURTS WILL NOT HELP BECAUSE THEY ARE TOO SLOW OR THAT THEY HAVE NOT HELPED PROTECT YOU IN THE PAST
)'./2).' 4(% ).4%2$)#4 3OMETIMES YOU GET AN INTERDICT BUT THE OTHER PARTY JUST IGNORES IT 4HEN YOU CAN TAKE FURTHER LEGAL ACTION AGAINST THE OTHER SIDE 9OU CAN GET YOUR ATTORNEY TO GO BACK TO COURT AND ASK THE COURT TO LOCK UP THE OTHER PARTY FOR REFUSING TO OBEY THE INTERDICT 4HE OTHER PARTY IS IN CONTEMPT OF COURT
,)-)4%$ %&&%#4 /& ).4%2$)#43 )NTERDICTS ARE NOT NECESSARILY A LASTING SOLUTION TO A PROBLEM &OR EXAMPLE A FARMWORKER GETS AN INTERDICT TO PREVENT A FARMER FROM UNLAWFULLY EVICTING HIM "UT THE FARMER CAN THEN JUST GET A COURT ORDER ALLOWING HIM OR HER TO EVICT THE FARMWORKER LAWFULLY "UT INTERDICTS CAN BE USEFUL BY PUBLICLY EXPOSING UNLAWFUL ACTIONS BY PEOPLE )NTERDICTS ALSO GIVE YOU SOME TIME IN WHICH TO DECIDE WHAT YOU ARE GOING TO DO )N THIS TIME YOU MIGHT BE ABLE TO NEGOTIATE WITH THE OTHER SIDE ABOUT A SETTLEMENT THAT WILL SUIT BOTH SIDES
#/34 /& '%44).' !. ).4%2$)#4 )NTERDICTS COST A LOT OF MONEY TO BRING TO COURT )F YOU LOSE THE CASE YOU MIGHT HAVE TO PAY FOR THE OTHER SIDEgS COSTS
30%#)!, +).$3 /& ).4%2$)#43 ! 0ROTECTION /RDER IS A SPECIAL KIND OF INTERDICT THAT YOU CAN GET UNDER THE $OMESTIC 6IOLENCE !CT TO STOP ANY PERSON ABUSING YOU IN THE HOME ! 0ROTECTION /RDER IS AN ORDER FROM THE COURT TELLING AN ABUSER TO STOP ABUSING SOMEONE 3EE PAGE 0ROBLEM 'ETTING A 0ROTECTION /RDER
30/,)!4)/. /2$%23 7(!4 )3 ! 30/,)!4)/. /2$%2 ! PERSON WHO OWNS OR IS USING SOMETHING WHICH IS THEN TAKEN AWAY FROM THEM CAN GO TO COURT TO GET THE ITEM RETURNED QUICKLY 4HEY CAN ASK THE COURT FOR A SPOLIATION ORDER ALSO CALLED A gMANDAMENT VAN SPOLIEg 3O IT IS ORDER FROM THE COURT THAT AN ITEM OF PROPERTY BE RETURNED TO ITS OWNER IMMEDIATELY )T IS A USEFUL REMEDY BECAUSE IT CAN PROVIDE SOMEONE IN AN URGENT SITUATION WITH IMMEDIATE RELIEF (OWEVER APPLYING TO THE MAGISTRATES COURT FOR A SPOLIATION ORDER CAN BE QUITE A COMPLICATED PROCESS )T WILL BE NECESSARY TO GET A ATTORNEY TO HELP YOU DO THIS
7(/ #!. !00,9 &/2 ! 30/,)!4)/. /2$%2 !NYONE WHO WAS IN POSSESSION OF SOMETHING THAT WAS TAKEN FROM THEM WITHOUT THEIR PERMISSION CAN APPLY FOR THE ORDER
7(!4 -534 9/5 3(/7 4(% -!')342!4% 4/ '%4 ! 30/,)!4)/. /2$%2 s 9OU MUST SHOW THE MAGISTRATE THAT WHAT WAS TAKEN AWAY IS IN THE AREA OF THE MAGISTRATEgS COURT WHERE YOU ARE APPLYING FOR THE ORDER &OR EXAMPLE IF SOMEONE TAKES YOUR OXEN FROM YOUR HOME IN 1UEENSTOWN AND GOES TO 0EDDIE WITH THEM YOU MUST GO TO THE MAGISTRATE IN 0EDDIE AND ASK FOR THEM BACK
s 9OU MUST SHOW THE MAGISTRATE THAT YOU WERE THE POSSESSOR THE PERSON USING WHAT WAS TAKEN s 9OU MUST SHOW THE MAGISTRATE THAT YOU WERE USING THE THING PEACEFULLY AND UNDISTURBED &OR EXAMPLE THE OXEN WERE GRAZING ON YOUR OWN LAND AND WERE NOT CAUSING ANY HARM OR DAMAGE TO ANYONE ELSE OR THEIR PROPERTY s 9OU MUST TELL THE MAGISTRATE THE NAME AND ADDRESS OF THE PERSON OR PEOPLE WHO DISTURBED YOUR POSSESSION s 9OU MUST SHOW THE MAGISTRATE THAT YOUR POSSESSION WAS TAKEN AWAY FROM YOU WITH FORCE OR WITHOUT YOUR CONSENT s 9OU MUST SHOW THE MAGISTRATE THAT IT IS POSSIBLE FOR THE OTHER PERSON TO REPLACE YOUR POSSESSION IT DOES NOT HAVE TO BE THE ORIGINAL ITEM s 9OU MUST SHOW THAT YOU TOOK STEPS TO RESTORE YOUR POSSESSIONS AS SOON AS POSSIBLE 4HE MAGISTRATE WILL WANT TO KNOW WHAT YOU DID SINCE YOUR POSSESSION WAS DISTURBED %8!-0,%3
3)45!4)/.3 7(%2% ! 30/,)!4)/. /2$%2 #!. "% '2!.4%$
-9 ")#9#,% 7!3 34/,%. 4WO WEEKS LATER ) SEE SOMEONE USING A BICYCLE WHICH ) THINK IS MINE ) ASK HIM TO RETURN IT BUT HE REFUSES SAYING THAT THE BICYCLE IS HIS ) CAN GO TO THE POLICE AND MAKE A COMPLAINT OF THEFT ) CAN ALSO GO TO COURT AND ASK FOR A SPOLIATION ORDER TO GET MY BICYCLE BACK "UT ) CANNOT JUST GO AND TAKE IT BACK AS THIS WOULD BE TAKING THE LAW INTO MY OWN HANDS 4HE COURTS MUST DECIDE WHO THE REAL OWNER OF THE BICYCLE IS ) 2%.4 ! (/53% 4HE OWNER FORCES ME OUT AND CHANGES THE LOCK ON THE DOOR SO ) CANNOT GO BACK IN ) GO TO COURT THAT SAME DAY AND ASK FOR A SPOLIATION ORDER )F ) AM SUCCESSFUL THE MAGISTRATE WILL ORDER THAT ) BE ALLOWED BACK INTO THE HOUSE IMMEDIATELY )F THE OWNER WISHES TO GET ME OUT HE MUST MAKE A PROPER CASE IN THE COURT AND HE MUST GET A COURT ORDER
5SING AN ATTORNEY )F YOU HAVE TO APPEAR IN COURT IT IS IMPORTANT THAT YOU GET LEGAL ADVICE FROM A QUALIFIED PERSON BECAUSE COURT PROCEDURES CAN BE VERY COMPLICATED 9OU CAN GET THIS FROM A QUALIFIED PARALEGAL ATTORNEY OR ADVOCATE 4HE CURRENT LEGAL PROFESSION IS DIVIDED INTO TWO BRANCHES ADVOCATES AND ATTORNEYS 4HE ATTORNEY IS THE PERSON WHO YOU FIRST CONTACT WHEN YOU ARE LOOKING FOR LEGAL ADVICE OR IF YOU HAVE A LEGAL PROBLEM UNLESS YOU HAVE ACCESS TO AN ADVICE CENTRE AND PARALEGALS !TTORNEYS SHOULD PROVIDE A BROAD RANGE OF SERVICES TO COVER A VARIETY OF LEGAL PROBLEMS !TTORNEYS REFER CLIENTS TO ADVOCATES WHO ARE EXPERTS IN VARIOUS AREAS OF THE LAW ESPECIALLY THE PRESENTATION OF CASES IN COURT !DVOCATES ALSO GIVE LEGAL OPINIONS AND HELP WITH THE DRAFTING OF LEGAL DOCUMENTS )N TERMS OF THE 2IGHT OF !PPEARANCE IN #OURTS !CT .O OF ADVOCATES CAN APPEAR IN ANY COURT WHILE ATTORNEYS CAN APPEAR IN ALL OF THE COUNTRYgS LOWER COURTS AND CAN ALSO APPLY TO APPEAR IN THE SUPERIOR COURTS 4HE $EPARTMENT OF *USTICE AND VARIOUS STAKEHOLDERS ARE WORKING TOGETHER TO FINALISE THE ,EGAL 0RACTICE "ILL 4HIS AIMS TO CREATE ONE REGULATING !CT FOR THE LEGAL PROFESSION AND WILL INCORPORATE THE PARA LEGAL SECTOR
2%30/.3)"),)4)%3 /& !44/2.%93 &ROM THE TIME THAT THE ATTORNEY STARTS ON YOUR CASE HE OR SHE IS WORKING FOR YOU 4HE ATTORNEY IS THERE TO ADVISE YOU ABOUT YOUR PROBLEM 4HE ATTORNEY ALSO REPRESENTS YOU IN ANY MEETING WITH A CLIENT AND IN COURT HEARINGS 4HIS MEANS THAT
2%0/24).' !44/2.%93 )F YOU HAVE COMPLAINTS ABOUT YOUR ATTORNEY TALK TO HIM OR HER ABOUT YOUR CONCERNS FIRST 4HEN IF YOU ARE STILL NOT SATISFIED COMPLAIN TO THE ,AW 3OCIETY %ACH PROVINCE HAS A ,AW 3OCIETY WHICH IS RESPONSIBLE FOR CONTROLLING THE CONDUCT AND PERFORMANCE OF ATTORNEYS
7(%. $/ 9/5 .%%$ !. !44/2.%9 -ANY PEOPLE ONLY SEE AN ATTORNEY AFTER THEY GET INTO TROUBLE "UT THE BEST TIME TO SEE THE ATTORNEY IS BEFORE THE TROUBLE STARTS "Y GETTING SOUND LEGAL ADVICE BEFORE YOU DO SOMETHING YOU CAN PREVENT A LEGAL PROBLEM HAPPENING &OR EXAMPLE AN ATTORNEY CAN HELP YOU BEFORE YOU START A BUSINESS MAKE A WILL OR SIGN A CONTRACT
(/7 4/ &).$ !. !44/2.%9 4HE -AGISTRATEgS #OURTS USUALLY HAVE A LIST OF ATTORNEYS "UT THESE LISTS DO NOT SAY WHICH ATTORNEY WILL BE THE RIGHT ONE FOR YOUR PROBLEM 3OME BIG CITIES HAVE ORGANISATIONS LIKE THE ,EGAL 2ESOURCES #ENTRE OR ,EGAL !ID #LINICS AT THE 5NIVERSITIES THAT YOU CAN TURN TO FOR LEGAL ADVICE AND SUPPORT 4HEY CAN ALSO HELP YOU TO FIND AN ATTORNEY WHO WILL BE SYMPATHETIC TOWARDS YOUR PROBLEM )N THE RURAL AREAS IT IS BEST TO APPROACH YOUR LOCAL CIVIC ASSOCIATION ADVICE OFFICE RELIGIOUS ORGANISATION OR TRADE UNION "EFORE TAKING A CASE AN ATTORNEY USUALLY ASKS FOR MONEY AS A DEPOSIT TOWARDS FEES 9OU SHOULD DISCUSS HOW MUCH THE WHOLE CASE IS GOING TO COST THE FIRST TIME YOU SEE THE ATTORNEY
(/7 4/ 0!9 &/2 !. !44/2.%9 'OING TO COURT AND PAYING FOR AN ATTORNEY CAN BE VERY EXPENSIVE BUT IF YOU CANNOT AFFORD THIS THERE ARE WAYS TO GET A ATTORNEYgS SERVICES FOR FREE OR FOR VERY LITTLE MONEY ,EGAL !ID IS ONE OF THE MOST IMPORTANT OF THESE SERVICES BUT OTHERS INCLUDE 5NIVERSITY ,EGAL !ID #LINICS ,EGAL !ID #ENTRES /FFICE OF THE 0UBLIC $EFENDER *USTICE #ENTRES AND ADVICE CENTRES
!00,9).' &/2 ,%'!, !)$ )F YOU CANNOT AFFORD TO PAY FOR AN ATTORNEY YOU CAN GET LEGAL AID FINANCIAL HELP FOR ATTORNEYS FEES BY APPLYING TO THE ,EGAL !ID "OARD 9OU WILL HAVE TO PASS A MEANS INCOME TEST TO GET ,EGAL !ID WHICH MEANS YOU HAVE TO SHOW THAT YOU EARN LESS THAN AN AMOUNT FIXED BY THE ,EGAL !ID "OARD )F YOU QUALIFY FOR ,EGAL !ID THEN THE ,EGAL !ID "OARD WILL PAY MOST OF YOUR ATTORNEYgS FEES 9OU CANNOT GET ,EGAL !ID FOR THE FOLLOWING KINDS OF PROBLEMS s TRAFFIC OFFENCES SUCH AS DRIVING SPEEDING OR PARKING OFFENCES AND DRUNKEN DRIVING s CRIMINAL CASES IF YOU ARE GOING TO PLEAD gGUILTYg s WHERE YOU ARE ON YOUR THIRD OR MORE CRIMINAL CHARGE FOR THE SAME KIND OF OFFENCE s COMMERCIAL CRIME CHARGES SUCH AS FRAUD s DEFAMATION OR INSULTS TO YOUR CHARACTER s WHERE YOU ARE SUING FOR MONEY DAMAGES FOR RELATIONSHIP RELATED CLAIMS SUCH AS DEFAMATION BREACH OF PROMISE TO MARRY INFRINGEMENT OF DIGNITY OR PRIVACY SEDUCTION ADULTERY s CASES TO PROVE A PERSON IS THE FATHER OF ANOTHER PERSONgS CHILD s CHILD MAINTENANCE CASES WHICH CAN BE DECIDED BY A MAINTENANCE OFFICE
s SHOPLIFTING s THEFT s DRUG DEALING CRIMES s DOMESTIC VIOLENCE s IF YOU ARE SUING THE ,EGAL !ID "OARD ITSELF 9OU CAN GET LEGAL AID FOR DIVORCE CASES BUT NOT IF s THERE IS A REASONABLE POSSIBILITY THAT YOU MIGHT GET TOGETHER WITH YOUR SPOUSE AGAIN s THE $IRECTOR OF THE "OARD BELIEVES THAT THE PARTIES HAVENT TRIED HARD ENOUGH TO COME TO AN AGREEMENT s YOU USED LEGAL AID BEFORE TO SUE FOR DIVORCE BUT THEN DECIDED NOT TO GO AHEAD WITH THE DIVORCE s THERE ARE NO CHILDREN INVOLVED IN THE DIVORCE 9OU CAN GET LEGAL AID FOR A LABOUR MATTER s IF YOU ARE CLAIMING UNFAIR DISMISSAL YOU HAVE BEEN UNFAIRLY DISMISSED AS LONG AS YOUR CLAIM IS MADE WITHIN THE TIME LIMITS SET BY THE ,ABOUR 2ELATIONS !CT s TO DEMAND A MERIT REPORT BUT LEGAL AID WILL BE REFUSED IF THERE ARE GOOD REASONS TO BELIEVE YOU ARE NOT TAKING UP A JOB ON PURPOSE OR THAT YOU RESIGNED FROM A JOB IN ORDER TO BE GRANTED LEGAL AID 9OU CAN ALSO GET LEGAL AID FOR APPEALS ON ALL THESE TYPES OF CASES LISTED WHETHER CRIMINAL OR CIVIL CASES WHERE YOU SUING OR BEING SUED &OR APPEALS THE $IRECTOR MUST ALSO BELIEVE THAT YOU HAVE A REASONABLE CHANCE OF SUCCESS
-%!.3 4%34 )N ORDER TO GET ,EGAL !ID YOU MUST PASS THE -%!.3 4%34 4HE @MEANS TEST MEANS YOU HAVE TO SHOW THAT YOU EARN LESS THAN AN AMOUNT FIXED BY THE ,EGAL !ID "OARD 4HIS AMOUNT VARIES IF YOU ARE SINGLE OR MARRIED AND ALSO CHANGES WITH TIME 9OU ALSO HAVE TO SHOW THAT YOU DONT HAVE ANY OTHER @LIQUID ASSETS SUCH AS MONEY IN A SAVINGS ACCOUNT WHICH COULD BE USED TO PAY FOR YOUR LEGAL FEES )F YOU EARN MORE THAN THE MEANS TEST THEN YOU WILL NOT QUALIFY FOR ,EGAL !ID FOR YOUR CASE 9OUR ATTORNEY OR THE ,EGAL !ID OFFICER WILL ASK YOU QUESTIONS ABOUT YOUR WAGES &OR PURPOSES OF THE MEANS TEST YOUR SALARY MEANS THE MONEY THAT IS LEFT OVER AFTER THE FOLLOWING DEDUCTIONS ARE MADE s PENSION s MEDICAL AID s INCOME TAX s RENT FOR ACCOMMODATION s BOND REPAYMENTS )F A PERSON IS APPLYING FOR ,EGAL !ID FOR A DIVORCE CASE THEN THE PERSON IS TREATED AS A SINGLE PERSON FOR PURPOSES OF THE MEANS TEST -EANS TEST AMOUNTS s SINGLE PERSONS WHO EARN LESS THEN 2 PER MONTH CAN GET ,EGAL !ID s MARRIED PERSONS WHO EARN LESS THAN 2 PER MONTH CAN GET ,EGAL !ID 4HESE AMOUNTS ARE INCREASED EVERY FEW YEARS TO KEEP UP WITH THE COST OF LIVING
34%03 4/ 4!+% 4/ '%4 ,%'!, !)$ 'O TO A ,EGAL !ID "OARD "RANCH /FFICE OR IF THERE IS NOT ONE IN YOUR AREA TO THE NEAREST MAGISTRATESg COURT TO ENQUIRE ABOUT LEGAL AID !LL MAGISTRATESg COURTS HAVE A
LEGAL AID OFFICER WHO WILL HELP YOU WITH YOUR LEGAL AID ENQUIRIES 4HE LEGAL AID OFFICER WILL CHECK THAT YOU SATISFY THE MEANS TEST AND WHETHER YOUR MATTER FALLS WITHIN THE SCOPE OF THE GUIDELINES SET OUT BY THE ,EGAL !ID "OARD )F YOU QUALIFY THEN YOU WILL BE SENT TO AN ATTORNEY WHO WILL RECEIVE WHAT IS CALLED A gLEGAL AID INSTRUCTIONg FOR YOUR CASE 4HAT ATTORNEY WILL THEN DEAL WITH YOUR CASE !TTORNEYS DO HAVE A RIGHT TO REFUSE A LEGAL AID INSTRUCTION BUT THEY NORMALLY DO NOT REFUSE )F THEY DO REFUSE A LEGAL AID INSTRUCTION CAN BE MADE OUT TO ANOTHER ATTORNEY
/&&)#% /& 4(% 05",)# $%&%.$%2 3INCE THE ,EGAL !ID "OARD HAS OPERATED THE /FFICE OF THE 0UBLIC $EFENDER IN *OHANNESBURG 4HE ,EGAL !ID "OARD EMPLOYS ATTORNEYS IN THE /FFICE OF THE 0UBLIC $EFENDER TO DEFEND PEOPLE IN CRIMINAL CASES 4HE /FFICE OF THE 0UBLIC $EFENDER IN *OHANNESBURG WAS RUN AS A PILOT PROJECT TO SEE HOW THE SYSTEM WORKED
,%'!, !)$ #,).)#3 4HE ,EGAL !ID "OARD ALSO OPERATES A NUMBER OF ,EGAL !ID #LINICS WHICH EMPLOY ATTORNEYS TO PROVIDE LEGAL SERVICES TO PEOPLE 3OME OF THESE #LINICS ARE ESTABLISHED IN PARTNERSHIP WITH UNIVERSITIES AND OTHERS WERE RUN BY THE ,EGAL !ID "OARD
*534)#% #%.42%3 )N THE ,EGAL !ID "OARD SAW THE NEED TO ESTABLISH *USTICE #ENTRES TO DEAL WITH THE NUMBERS OF PEOPLE REQUIRING LEGAL ASSISTANCE *USTICE #ENTRES ARE LIKE ,EGAL !ID #LINICS BUT MUCH BIGGER &ULL TIME STAFF AND ATTORNEYS WHO WORK THERE PROVIDE A NUMBER OF DIFFERENT SERVICES 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF *USTICE #ENTRES
7(/ #!. 53% *534)#% #%.42%3 ! PERSON CAN ONLY USE THE SERVICES OF A ATTORNEY IN A *USTICE #ENTRE IF THEY QUALIFY UNDER THE MEANS TEST FOR LEGAL AID 3EE PAGE -EANS TEST 4HE PRIORITY OF *USTICE #ENTRES IS TO ASSIST VULNERABLE GROUPS SUCH AS WOMEN CHILDREN AND PEOPLE WHO ARE LANDLESS
7(!4 3%26)#%3 $/ *534)#% #%.42%3 02/6)$% *USTICE #ENTRES PROVIDE SERVICES SUCH AS 2EFERRALS 4HE *USTICE #ENTRES KEEP A DETAILED DATABASE OF RELEVANT SERVICES AND AGENCIES FOR HELPING PEOPLE WHO NEED SOCIAL ECONOMIC WELFARE OR PSYCHOLOGICAL ASSISTANCE 4HE #ENTRES REFER PEOPLE TO AN APPROPRIATE AGENCY WITH A REFERRAL LETTER !DVICE 4HE #ENTRES HELP PEOPLE WHO NEED BASIC LEGAL ADVICE SUCH AS WHERE AND HOW TO APPLY FOR A BIRTH CERTIFICATE INTERPRETING A CONTRACT AND SO ON ,EGAL REPRESENTATION 4HE #ENTRES PROVIDE LEGAL REPRESENTATION TO PEOPLE FOR CASES INCLUDING CRIMINAL CIVIL FAMILY LAW AND LABOUR CASES 4HE LEGAL REPRESENTATION FOCUSES ON USING PROCESSES SUCH AS ARBITRATION MEDIATION AND NEGOTIATION NOT ONLY LITIGATION FORMAL LEGAL PROCEDURES
5.)6%23)49 ,%'!, !)$ #,).)#3 -ANY UNIVERSITIES IN 3OUTH !FRICA HAVE LAW CLINICS 4HE CLINICS USUALLY HELP PEOPLE WHO FALL WITHIN THE INCOME LIMITS SET BY THE ,EGAL !ID "OARD "UT THEY DO NOT EXCLUDE PEOPLE FOR THE OTHER REASONS SET OUT BY THE ,EGAL !ID "OARD 3O FOR EXAMPLE THEY WILL TAKE ON CASES LIKE TRAFFIC OFFENCES AND MAINTENANCE CLAIMS 3ENIOR LAW STUDENTS DEAL WITH THE CASES THAT COME THROUGH THE LEGAL AID CLINICS ,IKE PARALEGALS THESE STUDENTS CANNOT DO COURT WORK BUT THEY CAN GIVE ADVICE WRITE
LETTERS AND NEGOTIATE SETTLEMENTS FOR PEOPLE WHO CANNOT AFFORD TO GET AN ATTORNEY 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF UNIVERSITY LEGAL AID CLINICS
!$6)#% /&&)#%3 !DVICE OFFICES ARE FOUND IN MANY OF THE MAJOR CITIES AND RURAL TOWNS !DVICE OFFICE EMPLOYEES ARE NOT ATTORNEYS BUT THEY DO GET PARALEGAL TRAINING 0ARALEGALS CAN GIVE ADVICE WRITE LETTERS REFER PEOPLE TO THE RIGHT AUTHORITIES OR ORGANISATIONS WHERE THEY CAN BE HELPED REFER PEOPLE TO ATTORNEYS AND SO ON
,%'!, 2%3/52#%3 #%.42%3 ,EGAL 2ESOURCES #ENTRES ARE PUBLIC INTEREST LAW FIRMS FUNDED BY PRIVATE DONORS 4HEY DEAL WITH PROBLEMS WHICH AFFECT LARGE NUMBERS OF PEOPLE IN THE COMMUNITY 3EE PAGE 2ESOURCES FOR CONTACT DETAILS OF ,2# OFFICES
!44/2.%93g !33/#)!4)/.3 ,OCAL ASSOCIATIONS OF ATTORNEYS MAY ASSIST WITH FUNDING OF SPECIFIC CASES OR PROVIDING ATTORNEYS TO TAKE ON CASES OR GIVE ADVICE FOR FREE 4HESE ATTORNEYS ASSOCIATIONS ARE s !TTORNEYS FOR (UMAN 2IGHTS ,(2 s "LACK !TTORNEYS !SSOCIATION ",! s .ATIONAL !SSOCIATION OF $EMOCRATIC !TTORNEYS .!$%,
02/",%-3 7HICH COURT SHOULD BE USED IN EACH EXAMPLE -!29 )3 #!5'(4 3(/0,)&4).' -ARY IS CAUGHT SHOPLIFTING A DRESS IN A SHOP 3HE WILL BE ARRESTED AND CHARGED IN THE CRIMINAL COURT OF THE ORDINARY -AGISTRATEgS #OURT IN THE AREA WHERE SHE SHOPLIFTED THE DRESS 3HOPLIFTING IS STEALING AND IT IS A CRIMINAL OFFENCE 3EE PAGE $ISTRICT /RDINARY -AGISTRATES #OURT
*/(. )3 #(!2'%$ 7)4( 2!0).' ! 7/-!. *OHN WILL BE CHARGED IN THE 2EGIONAL -AGISTRATEgS #OURT OR THE (IGH #OURT IN THE AREA WHERE HE COMMITTED THE CRIME 2APE IS A VERY SERIOUS CRIMINAL OFFENCE AND CANNOT BE HEARD IN THE ORDINARY -AGISTRATEgS #OURT 3EE PAGE 2EGIONAL -AGISTRATES #OURT 4HE WOMAN THAT *OHN RAPED CAN ALSO SUE *OHN PRIVATELY FOR DAMAGES IN THE CIVIL COURT OF THE ORDINARY -AGISTRATEgS #OURT "UT IF HER CLAIM IS FOR MORE THAN 2 SHE WILL HAVE TO SUE THROUGH THE (IGH #OURT 3EE PAGE #RIMINAL AND CIVIL ACTIONS
0%$) -52$%23 ()3 7)&% 0EDI WILL BE CHARGED WITH MURDER IN THE (IGH #OURT IN THE PROVINCE WHERE HE COMMITTED THE MURDER -URDER IS A VERY SERIOUS CRIMINAL OFFENCE AND CANNOT BE HEARD IN THE ORDINARY OR REGIONAL -AGISTRATEgS #OURT
-8/,)3) "593 ! &!5,49 46 -XOLISI BUYS A FAULTY SECOND HAND 46 FROM A SHOP IN TOWN (E PAYS 2 FOR THE 46 7HEN HE GETS HOME HE FINDS AFTER A DAY THAT IT STOPS WORKING 4HE SHOP REFUSES TO REFUND HIS MONEY -XOLISI HAS A PRIVATE CIVIL CLAIM AGAINST THE SHOP )F THERE IS A 3MALL #LAIMS #OURT IN THIS TOWN THEN -XOLISI CAN USE THIS BECAUSE HIS CLAIM IS LESS THAN 2 )F THERE IS NO 3MALL #LAIMS #OURT IN THE TOWN THEN -XOLISI MUST USE THE ORDINARY -AGISTRATEgS #OURT TO CLAIM HIS MONEY BACK FROM THE SHOP 4HIS IS MORE EXPENSIVE AND TAKES LONGER THAN THE 3MALL #LAIMS #OURT 3EE PAGE 3MALL #LAIMS #OURT
*%2%-9 "593 ! #!2 7()#( "2%!+3 $/7. *EREMY BUYS A CAR FROM A GARAGE IN #APE 4OWN FOR 2 4HE CAR BREAKS DOWN THREE DAYS LATER (E WILL HAVE TO FIT A RECONDITIONED ENGINE TO THE CAR TO GET IT GOING AGAIN *EREMY HAS A PRIVATE CIVIL CLAIM AGAINST THE GARAGE (E MUST SUE THE GARAGE THROUGH THE CIVIL COURTS IN THE ORDINARY -AGISTRATEgS #OURT IN #APE 4OWN
4(%-"! !.$ "(%+) 15!22%, !"/54 #/73 4HEMBA AND "HEKI LIVE IN A RURAL VILLAGE IN +WA:ULU .ATAL 4HEY QUARREL ABOUT WHO OWNS CERTAIN COWS 4HIS IS A CIVIL DISPUTE 4HEY CAN USE THE CHIEFgS OR HEADMANgS COURT IN THE AREA IN WHICH THEY LIVE OR THEY CAN USE THE ORDINARY -AGISTRATEgS #OURT 3EE PAGE #OMMUNITY COURTS AND COURTS FOR #HIEFS AND (EADMEN
#(%29, )3 $)3-)33%$ &/2 "%).' ,!4% #HERYL IS DISMISSED FROM HER JOB BECAUSE SHE ARRIVES LATE ONE MORNING 3HE SAYS THAT THIS IS UNFAIR BECAUSE SHE SAYS THIS IS THE FIRST TIME SHE HAS BEEN LATE "UT THE EMPLOYER REFUSES TO REINSTATE HER #HERYL CAN GO TO THE #OMMISSION FOR #ONCILIATION -EDIATION AND !RBITRATION FOR HELP )F THE ##-! CANNOT SOLVE THE PROBLEM THEY WILL REFER THE MATTER TO THE ,ABOUR #OURT 3EE PAGE 3OLVING DISPUTES UNDER THE ,2!
"%..9 )3 ./4 3!4)3&)%$ 7)4( ! 0!).4%23 7/2+ "ENNY SIGNS A CONTRACT WITH A PAINTER TO PAINT HIS HOUSE gTO HIS OWN SATISFACTIONg FOR AN AGREED SUM OF MONEY 7HEN THE PAINTER HAS FINISHED HE ASKS "ENNY TO PAY HIM "ENNY REFUSES BECAUSE HE SAYS THAT gANY FOOLg CAN SEE THAT THE HOUSE NEEDS ANOTHER COAT OF PAINT BEFORE THE JOB CAN BE CALLED COMPLETE 4HE PAINTER REFUSES TO PAINT ANOTHER COAT )F BOTH "ENNY AND THE PAINTER AGREE THEN THEY CAN CALL IN A THIRD PERSON TO ACT AS A MEDIATOR BETWEEN THEM )T WILL BE BETTER IF THIS THIRD PERSON IS A PROFESSIONAL PERSON IN THE BUILDING TRADE 4HIS WILL USUALLY BE THE QUICKEST AND CHEAPEST WAY TO SOLVE THE PROBLEM 3EE PAGE -EDIATION "UT IF THIS FAILS THEN THE PAINTER CAN REFER THE CIVIL CLAIM TO THE 3MALL #LAIMS #OURT OR THE -AGISTRATEgS #OURT TO GET HIS MONEY FROM "ENNY
()'( 2!4%3 n "54 ./ 25..).' 7!4%2 4HE #IVIC !SSOCIATION IN +LIPTOWN IS UNHAPPY BECAUSE THERE IS NO RUNNING WATER IN A NUMBER OF HOUSES IN THE TOWN 4HEY SAY THEY ARE PAYING HIGH RATES AND HAVE A RIGHT TO RUNNING WATER 4HE MUNICIPALITY KEEPS SAYING THAT IT IS DOING SOMETHING ABOUT THIS BUT NOTHING EVER HAPPENS 4HE #IVIC SHOULD SEND A DELEGATION TO THE -UNICIPALITY AND DEMAND THAT THE -UNICIPALITY SPEAK TO THEM ABOUT THEIR COMPLAINT 4HE TWO SIDES SHOULD ENTER INTO
NEGOTIATIONS TO TRY AND SORT OUT THE PROBLEM 3EE PAGE .EGOTIATION SKILLS
#LAIM IS TOO LARGE FOR THE 3MALL #LAIMS #OURT 3## 9OU HAVE A CLAIM AGAINST 4APE AND 2ADIO 7HOLESALERS FOR 2 #AN YOU USE THE 3MALL #LAIMS #OURT TO GET YOUR MONEY BACK
7(!4 $/%3 4(% ,!7 3!9 )F YOU WANT TO CLAIM THIS FULL AMOUNT YOU CANNOT USE THE 3MALL #LAIMS #OURT 4HE LAW SAYS THAT YOU CAN ONLY USE THE 3MALL #LAIMS #OURT IF YOUR CLAIM IS FOR 2 OR LESS )F YOU WANT TO CLAIM 2 YOU MUST USE THE -AGISTRATEgS #OURT 4HE -AGISTRATEgS #OURT IS MUCH MORE EXPENSIVE BECAUSE YOU HAVE TO USE A ATTORNEY AND ALSO TAKES MORE TIME THAN THE 3MALL #LAIMS #OURT TO SORT OUT PROBLEMS 9OU CAN HOWEVER REDUCE YOUR CLAIM TO 2 IF YOU WANT TO USE THE 3## 9OU WILL LOSE 2 BUT IN THE LONG RUN THIS MAY BE CHEAPER THAN PAYING ATTORNEYS FEES TO BRING THE CASE IN THE MAGISTRATES COURT 3EE PAGE 3MALL #LAIMS #OURT
7(!4 #!. 9/5 $/ )F YOU DECIDE TO REDUCE THE CLAIM SO THAT YOU CAN USE THE 3MALL #LAIMS #OURT THEN YOU MUST FOLLOW THE PROCEDURES OF THE 3MALL #LAIMS #OURT
(OW URGENT IS THE NEED FOR AN INTERDICT 4HE POLICE HAVE CONDUCTED A NUMBER OF RAIDS ON VARIOUS HOUSES IN THE .OMSAMO COMMUNITY 4HEY SAY THEY ARE LOOKING FOR STOLEN GOODS 4HE COMMUNITY SAYS THESE RAIDS TAKE PLACE TOO OFTEN AND THE POLICE NEVER FIND ANY STOLEN GOODS 0EOPLE FEEL THE POLICE ARE TRYING TO INTIMIDATE THE COMMUNITY 4HEY WANT TO GET AN INTERDICT TO STOP RAIDS IN THE FUTURE
7(!4 !2% 4(% #/--5.)49g3 2)'(43 4HE COMMUNITY MUST SHOW THAT THE NEED TO STOP THE POLICE FROM CONDUCTING THE RAIDS IS URGENT ENOUGH TO GET AN INTERDICT 4HE CASE WILL BE URGENT ENOUGH FOR AN INTERDICT IF THE COMMUNITY CAN PROVE THAT THERE IS A GOOD CHANCE THE POLICE WILL RAID AGAIN VERY SOON
7(!4 #!. 4(%9 $/ 4HE COMMUNITY MUST APPROACH A ATTORNEY TO HELP THEM WITH THE INTERDICT 3EE PAGE 3TEPS IN GETTING AN INTERDICT AND PAGE 0ROBLEMS WITH INTERDICTS 4HERE ARE MANY THINGS THAT THE COMMUNITY CAN DO TO HELP THE ATTORNEY SUCH AS s COLLECTING STATEMENTS FROM PEOPLE WHOSE HOUSES WERE RAIDED s FINDING OUT WHAT GOODS WERE CONFISCATED BY THE POLICE s FINDING OUT WHETHER ANYBODY WAS ASSAULTED IN THE RAID s GETTING DETAILS OF HOW MANY TIMES THE POLICE HAVE RAIDED IN THE PAST MONTHS WHAT THEY CONFISCATED IN THOSE RAIDS AND SO ON
0ASSING THE ,EGAL !ID MEANS TEST -ARIA 3HAVE IS A SINGLE PERSON WITH TWO CHILDREN WHO GO TO SCHOOL 3HE EARNS 2 PER MONTH BEFORE DEDUCTIONS ARE MADE FROM HER SALARY 3HE PAYS 2 INTO A PENSION FUND EVERY MONTH AND HER BOND REPAYMENT ON HER HOUSE IS 2 PER MONTH 7ILL SHE QUALIFY FOR ,EGAL !ID
7(!4 $/%3 4(% ,!7 3!9 4HE MEANS TEST SAYS A SINGLE WOMAN EARNING 2 CAN GET ,EGAL !ID 4HIS AMOUNT IS STANDARD FOR EVERY SINGLE PERSON APPLYING FOR LEGAL AID AND DOESNT DEPEND ON HOW MANY DEPENDENTS SHE HAS &OR PURPOSES OF THE MEANS TEST A PERSONgS SALARY IS THE MONEY THAT IS LEFT AFTER DEDUCTIONS ARE MADE FOR THINGS LIKE PENSION HOUSING MEDICAL AID AND SO ON 3EE PAGE -EANS TEST )T IS ALSO IMPORTANT THAT THE SPECIFIC CASE THAT SHE NEEDS THE LEGAL AID FOR FALLS WITHIN THE CASES COVERED BY LEGAL AID 3EE PAGE !PPLYING FOR LEGAL AID
$/%3 3(% 15!,)&9 &/2 ,%'!, !)$ -ARIA EARNS 2 PER MONTH &OR THE PURPOSES OF THE MEANS TEST -ARIAgS SALARY WILL BE 2 LESS 2 PENSION 2 BOND REPAYMENT 2 n 2 2 2 4HIS AMOUNT IS LESS THAN THE MEANS TEST AMOUNT OF 2 WHICH MEANS -ARIA WILL QUALIFY FOR ,EGAL !ID PROVIDED HER CASE IS THE TYPE OF CASE COVERED BY LEGAL AID
!PPEALING AGAINST THE DECISION OF A MAGISTRATE *AMES LIVES ON A FARM /NE DAY HIS WIFE WAS CRITICALLY ILL AND HE RAN TO TOWN TO CALL A DOCTOR /N THE WAY HE RAN ACROSS ANOTHER FARM OWNED BY 0HILIP BECAUSE IT WAS THE QUICKEST POSSIBLE ROUTE TO THE NEAREST TOWN 0HILIP CALLED THE POLICE AND TOLD THEM *AMES WAS STEALING GOATS FROM HIS FARM *AMES WAS ARRESTED AND CHARGED WITH THEFT (E APPEARED BEFORE THE CRIMINAL COURT AND THE MAGISTRATE FOUND HIM GUILTY OF TRESPASS (E WAS SENTENCED TO MONTHS IN PRISON
7(!4 $/%3 4(% ,!7 3!9 *AMES SAYS HIS WIFE WAS CRITICALLY ILL SO HE TOOK THE SHORTEST POSSIBLE ROUTE TO TOWN (E SAID HE DID NOT STEAL ANYTHING AND THERE WAS ABSOLUTELY NO PROOF OF HIM HAVING STOLEN ANY GOATS (E WANTS TO APPEAL AGAINST THE DECISION OF THE MAGISTRATE 4HE LAW SAYS YOU CAN APPEAL TO A HIGHER COURT IF YOU THINK THAT THE TRIAL COURT IN THIS CASE THE -AGISTRATEgS #OURT MADE A MISTAKE IN INTERPRETING THE FACTS OF THE CASE OR DIDNgT APPLY THE LAW CORRECTLY 3EE PAGE 4RIALS APPEALS AND REVIEWS
7(!4 #!. (% $/ *AMES MUST GET AN ATTORNEY TO HELP HIM WITH HIS APPEAL AGAINST THE MAGISTRATEgS JUDGMENT 4HE ATTORNEY MUST DRAW UP LEGAL DOCUMENTS FOR AN APPEAL *AMES CAN GO TO THE ,EGAL !ID OFFICE TO APPLY FOR ,EGAL !ID TO PAY FOR THE ATTORNEY 3EE PAGE !PPLYING FOR LEGAL AID
&AILING TO OBEY A CIVIL COURT ORDER *OE 3NYDERS ASSAULTED HIS BROTHER 2ICHARD 2ICHARD SUFFERED SOME BAD WOUNDS AND HE HAD TO SPEND DAYS IN HOSPITAL RECOVERING 7HEN HE LEAVES HOSPITAL HE FINDS THAT HE HAS LOST HIS JOB (E IS ALSO TOLD THAT HIS ACCOUNT AT THE HOSPITAL IS 2 FOR MEDICAL FEES 2ICHARD SUES HIS BROTHER IN THE CIVIL COURT FOR AN AMOUNT OF 2 WHICH INCLUDES MEDICAL FEES LOST WAGES AND PAIN AND SUFFERING (E WINS HIS CASE IN COURT AND THE COURT ORDERS *OE TO PAY THE AMOUNT CLAIMED BY 2ICHARD PLUS ALL 2ICHARDgS LEGAL COSTS *OE JUST IGNORES THE COURT ORDER AND TELLS 2ICHARD THAT HE REFUSES TO PAY BECAUSE IT WAS ALL 2ICHARDgS FAULT IN ANY CASE
7(!4 $/%3 4(% ,!7 3!9 4HE COURT HAS ALREADY DECIDED THAT *OE OWES 2ICHARD THE MONEY "ECAUSE *OE REFUSES TO PAY 2ICHARD WILL HAVE TO SPEND MORE TIME AND MONEY ON A ATTORNEY TRYING TO GET HIS MONEY BACK
7(!4 #!. (% $/ 2ICHARD WILL HAVE TO GO BACK TO HIS ATTORNEY 4HE ATTORNEY WILL APPLY FOR A 7ARRANT OF %XECUTION ON BEHALF OF 2ICHARD ! 3HERIFF OF THE #OURT WILL THEN GO TO *OEgS HOUSE AND TAKE SOME OF HIS PROPERTY 4HE 3HERIFF WILL SELL THE PROPERTY AND PAY 2ICHARD 3EE PAGE %NFORCING A CIVIL JUDGEMENT
2EFUSING TO GIVE YOUR NAME OR ADDRESS TO THE POLICE 4HE POLICE RAID YOUR HOUSE 4HEY SAY THEY SUSPECT THAT THE BICYCLE THEY FIND IN YOUR HOUSE IS A STOLEN BICYCLE 4HEY ASK YOU FOR YOUR FULL NAME AND ADDRESS 9OU REFUSE TO GIVE IT TO THEM 4HEY THEN ARREST YOU AND TAKE YOU TO THE POLICE STATION
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT IF A POLICE OFFICER SUSPECTS THAT YOU COMMITTED A CRIME OR THAT YOU ARE TRYING TO COMMIT A CRIME OR THAT YOU MIGHT BE ABLE TO GIVE THEM SOME INFORMATION ABOUT A CRIME THEY CAN ASK YOU TO GIVE YOUR FULL NAME AND ADDRESS 3EE PAGE 0OWERS OF THE POLICE TO QUESTION "EFORE YOU GIVE THE POLICE YOUR NAME YOU CAN ASK TO SEE THE IDENTITY DOCUMENTS OF THE POLICE OFFICERS )F THE POLICE REFUSE TO SHOW THEIR )$S YOU NEED NOT GIVE YOUR NAME AND ADDRESS )N THIS CASE THE POLICE 3530%#4%$ 4(!4 9/5 #/--)44%$ ! #2)-% 3O YOU WERE SUPPOSED TO GIVE THEM YOUR NAME AND ADDRESS "ECAUSE YOU REFUSED THEY ARE ALLOWED TO ARREST YOU 9OU CAN GET A FINE OR PRISON SENTENCE FOR REFUSING TO GIVE YOUR NAME OR ADDRESS
7(!4 #!. 9/5 $/ 9OU MUST GIVE THE POLICE YOUR NAME AND ADDRESS 9OU DO NOT HAVE TO SAY ANYTHING ELSE )F YOU HAVE AN ATTORNEY YOU MUST ASK TO SEE HIM OR HER )F YOU DO NOT HAVE AN ATTORNEY CONTACT A MEMBER OF YOUR FAMILY A FRIEND OR SOMEONE FROM THE NEAREST ADVICE OFFICE 3EE PAGE 7HAT TO DO IF YOU ARE ARRESTED 9OU CAN ASK YOUR FAMILY TO APPLY FOR ,EGAL !ID FOR YOU 3EE PAGE !PPLYING FOR ,EGAL !ID !SK THE POLICE FOR POLICE BAIL )F THE POLICE DO NOT GIVE YOU BAIL YOU MUST ASK FOR BAIL AS SOON AS YOU ARE CHARGED IN COURT 3EE PAGE "AIL
0OLICE SHOOT AND INJURE WHILE MAKING AN ARREST 4HE POLICE SUSPECTED TWO MEN 0AUL AND ,UNDI OF BEING CAR THIEVES /NE AFTERNOON THE POLICE WERE DRIVING THROUGH THE STREETS OF "OTSHABELO 4HEY SAW A PINK -AZDA PARKED OUTSIDE A HOUSE WITH THE TWO SUSPECTS SITTING INSIDE 4HE REGISTRATION NUMBER WAS THE SAME AS THE NUMBER ON A CAR REPORTED STOLEN TWO DAYS BEFORE 4HE POLICE STOPPED AND GOT OUT TO ARREST THE MEN BUT THE TWO MEN JUMPED OUT OF THE CAR AND TRIED TO RUN AWAY 4HE POLICE RAN AFTER THE MEN AND CALLED OUT TO THEM
TO STOP BUT THE MEN DID NOT STOP 4HE POLICE PULLED OUT THEIR GUNS FIRED A WARNING SHOT AND THEN SHOT THE MEN IN THEIR LEGS 4HEN THEY ARRESTED THE MEN
7(!4 $/%3 4(% ,!7 3!9 4HE POLICE FOUND 0AUL AND ,UNDI IN THE STOLEN CAR 4HE LAW SAYS THAT A POLICE OFFICER CAN ARREST YOU WITHOUT A WARRANT IF THEY CATCH YOU WHILE YOU ARE COMMITTING A CRIME 3EE PAGE !RREST WITHOUT A WARRANT 4HEY WERE CAUGHT IN THE ACT SO THE POLICE DID NOT HAVE TO GIVE A REASON WHY THEY WANTED TO ARREST THE SUSPECTS 4HIS WAS A LAWFUL ARREST 4HE LAW SAYS THAT THE POLICE CAN USE FORCE TO MAKE AN ARREST IF THE SUSPECT TRIES TO FIGHT OR RUN AWAY "UT THE LAW SAYS THAT POLICE MUST USE AS LITTLE FORCE AS POSSIBLE )F THEY SHOOT THEY MUST TRY TO SHOOT JUST TO STOP THE PERSON NOT TO KILL 4HE #ONSTITUTIONAL #OURT HAS HELD IN 3 V 7ALTERS THAT SHOOTING A SUSPECT FOR THE SOLE PURPOSE OF MAKING AN ARREST IS ONLY POSSIBLE IN LIMITED CIRCUMSTANCES 3EE PAGE -AKING A LAWFUL ARREST )N THIS CASE THE POLICE COULD NOT STOP 0AUL AND ,UNDI WITHOUT SHOOTING THEM 3O THE USE OF FORCE WAS LAWFUL 3EE PAGE 5SING FORCE TO MAKE AN ARREST OR TO STOP YOU ESCAPING FROM ARREST
7(!4 #!. 4(%9 $/ )F THE POLICE ASK 0AUL AND ,UNDI TO GIVE THEM THEIR NAMES AND ADDRESSES THEY MUST DO THIS 4HEY DO NOT HAVE TO SAY ANYTHING ELSE 0AUL AND ,UNDI HAVE A RIGHT TO SEE AN ATTORNEY )F THEY DO NOT KNOW AN ATTORNEY THEY MUST CONTACT A MEMBER OF THEIR FAMILIES A FRIEND OR SOMEONE FROM THE NEAREST ADVICE OFFICE TO FIND A ATTORNEY OR TO APPLY FOR ,EGAL !ID FOR A ATTORNEY 4HEY MAY ASK TO SEE A DOCTOR IMMEDIATELY TO TREAT THEIR INJURIES AND THEY MAY ASK FOR COURT BAIL WHEN THEY APPEAR IN COURT 3EE PAGE "AIL
9OUR RIGHT TO APPEAR IN COURT WITHIN HOURS OF ARREST 9OU ARE ARRESTED AT PM ON A 7EDNESDAY AFTERNOON 4HE POLICE TELL YOU THAT YOU WILL ONLY BE APPEARING IN COURT ON THE FOLLOWING -ONDAY 4HIS MEANS THAT YOU WILL HAVE TO SPEND THE WEEKEND IN JAIL
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT THE POLICE MUST TAKE YOU TO COURT WITHIN HOURS AFTER YOUR ARREST 9OU WERE ARRESTED AT PM ON 7EDNESDAY AFTERNOON )F YOU COUNT HOURS AFTER THIS TIME IT WILL BE PM ON A &RIDAY AFTERNOON 4HE COURT IS CLOSED AT THIS TIME AND FOR THE REST OF THE WEEKEND 3O YOU CANNOT APPEAR IN COURT 9OU MUST APPEAR ON THE FIRST COURT DAY AFTER THIS 4HIS WILL BE THE FOLLOWING -ONDAY 3EE PAGE 2IGHTS OF ARRESTED PEOPLE
7(!4 #!. 9/5 $/ !S SOON AS YOU GET TO THE POLICE STATION ASK TO SEE YOUR ATTORNEY )F YOU DONgT KNOW A ATTORNEY THEN ASK TO CONTACT A MEMBER OF YOUR FAMILY OR A FRIEND TO GET A ATTORNEY FOR YOU 9OU CAN ASK FOR POLICE BAIL )F THE OFFENCE IS VERY SERIOUS AND THE POLICE REFUSE TO GIVE YOU POLICE BAIL THEN YOU MUST STAY IN JAIL UNTIL YOU APPEAR IN COURT ON THE FOLLOWING -ONDAY 7HEN YOU GET TO COURT YOU MUST ASK FOR COURT BAIL 3EE PAGE "AIL
0OLICE MISCONDUCT 4HE POLICE ARREST YOU AFTER THEY CATCH YOU SHOPLIFTING A SHIRT FROM THE LOCAL DEPARTMENT STORE 4HEY TAKE YOU TO THEIR VAN WAITING OUTSIDE /N THE WAY TO THE POLICE STATION THEY ASK YOU QUESTIONS ABOUT WHAT HAPPENED 9OU REFUSE TO ANSWER THEIR QUESTIONS 4WO OF THE POLICE ASSAULT YOU
7(!4 $/%3 4(% ,!7 3!9 4HE LAW SAYS THAT YOU ONLY HAVE TO GIVE THE POLICE YOUR NAME AND ADDRESS 9OU DO NOT HAVE TO SAY ANYTHING ELSE TO THE POLICE 3O YOU DID NOT HAVE TO ANSWER THE QUESTIONS THAT THE POLICE OFFICER ASKED YOU IN THE VAN 4HE LAW SAYS THAT IF YOU DO NOT TRY TO FIGHT OR RUN AWAY THE POLICE CANNOT USE FORCE TO MAKE THE ARREST )N THIS CASE YOU DID NOT RESIST THE ARREST 3O THE USE OF FORCE WAS UNLAWFUL 3EE PAGE 0OLICE 0OWERS AND PAGE 3ECTION OF THE "ILL OF 2IGHTS !RRESTED DETAINED AND ACCUSED PERSONS !S SOON AS YOU GET TO THE POLICE STATION ASK TO SEE YOUR ATTORNEY OR TO TELEPHONE SOMEONE YOU KNOW TO ARRANGE A ATTORNEY FOR YOU !SK TO SEE A DOCTOR IMMEDIATELY )N THIS EXAMPLE YOU CAN SUE THE -INISTER OF 3AFETY AND 3ECURITY IN THE CIVIL COURTS FOR DAMAGES SUFFERED AS A RESULT OF THE USE OF UNLAWFUL FORCE 9OU CAN ALSO MAKE A CRIMINAL CHARGE AGAINST THE INDIVIDUAL POLICE OFFICER WHO ASSAULTED YOU )F THE POLICE s UNLAWFULLY SEARCH YOU OR YOUR PREMISES s ARREST YOU UNLAWFULLY s USE UNLAWFUL FORCE WHEN ARRESTING YOU s REFUSE TO GIVE YOU YOUR RIGHTS ONCE YOU ARE ARRESTED s DO NOT BRING YOU TO COURT WITHIN HOURS AFTER YOUR ARREST OR ON THE FIRST POSSIBLE COURT DAY IF THE HOURS ENDS ON A WEEKEND OR A PUBLIC HOLIDAY THEN YOU CAN SUE THE POLICE TO PAY YOU COMPENSATION 4HIS IS A CIVIL CLAIM AGAINST THE POLICE 5NLESS YOU WERE RESISTING ARREST AND THE POLICE USED A LAWFUL AMOUNT OF FORCE THE POLICE MAY NOT ABUSE TORTURE ASSAULT SHOOT SEXUALLY ASSAULT OR RAPE YOU WHEN THEY QUESTION YOU SEARCH YOU OR YOUR PREMISES ARREST YOU OR TRY TO GET YOU TO MAKE A STATEMENT )F THEY DO YOU CAN SUE THE POLICE TO PAY YOU COMPENSATION IN A CIVIL CLAIM AND YOU CAN LAY A CRIMINAL CHARGE AGAINST THE POLICE )F YOU WERE RAPED OR INJURED YOU MUST SEE A DOCTOR AS SOON AS POSSIBLE AFTER THE ASSAULT 4HE DOCTOR WILL TREAT YOUR INJURIES AND WILL MAKE A MEDICAL REPORT WHICH WILL BE USED IN THE CRIMINAL CASE AGAINST THE POLICE s )F YOU ARE NOT IN JAIL YOU CAN GO TO YOUR OWN PRIVATE DOCTOR OR A GOVERNMENT DOCTOR s )F YOU ARE IN JAIL YOU MUST ASK TO SEE A DOCTOR IMMEDIATELY 9OU WILL SEE A DISTRICT SURGEON WHO IS A GOVERNMENT DOCTOR !SK FOR THE DOCTORgS NAME AND REMEMBER IT OR WRITE IT DOWN !SK THE DOCTOR TO WRITE DOWN ALL YOUR INJURIES
7(!4 #!. 9/5 $/ 2%0/24 ! #!3% /& -)3#/.$5#4 4/ 4(% ).$%0%.$%.4 #/-0,!).43 $)2%#4/2!4% )#$ 4HIS IS AN INDEPENDENT BODY SET UP BY THE GOVERNMENT TO INVESTIGATE SERIOUS CASES OF POLICE MISCONDUCT
)F SOMEONE HAS BEEN SERIOUSLY INJURED OR KILLED BY THE POLICE YOU MUST CONTACT THE )#$ FOR HELP 9OU MUST ALSO COMPLAIN TO THE )#$ ABOUT POLICE CORRUPTION OR OTHER SERIOUS COMPLAINTS ABOUT POLICE BEHAVIOUR 9OU CAN ASK AT ANY POLICE STATION OR -AGISTRATEgS #OURT HOW TO CONTACT THE )#$ 4HERE SHOULD BE AN OFFICE IN EACH 3!03 REGION 3EE PAGE 2EPORTING A CASE OF POLICE MISCONDUCT TO THE )NDEPENDENT #OMPLAINTS $IRECTORATE
-!+% ! #)6), #,!)- !'!).34 4(% 0/,)#% 4HE -INISTER OF 3AFETY AND 3ECURITY IS RESPONSIBLE FOR POLICE OFFICERS IF THEY COMMIT AN OFFENCE gIN THE COURSE AND SCOPE OF THEIR DUTIESg IN OTHER WORDS WHILE THEY ARE ON DUTY OR AS PART OF THEIR POLICE WORK )N A CIVIL CASE YOUR CLAIM FOR COMPENSATION WOULD THEREFORE BE AGAINST THIS -INISTER 9OU WILL ONLY SUE THE INDIVIDUAL POLICE OFFICER WHO ACTED UNLAWFULLY IF THAT OFFICER WAS OFF DUTY AT THE TIME OR IF THE ACTION WAS NOT A PART OF HIS OR HER POLICE DUTIES %8!-0,% 9OUR NEIGHBOUR IS A POLICE OFFICER AND ONE NIGHT OUT OF ANGER HE ASSAULTS YOU BECAUSE YOU ARE MAKING TOO MUCH NOISE 4HIS ACTION WAS NOT PART OF HIS POLICE DUTIES (E WAS ACTING AS AN INDIVIDUAL 3O YOU WOULD SUE THE POLICE OFFICER HIMSELF AND NOT THE -INISTER OF 3AFETY AND 3ECURITY
)F YOU WANT TO MAKE A CIVIL CLAIM AGAINST THE POLICE YOU MUST s GET HELP FROM A ATTORNEY s MAKE THE CLAIM BEFORE MONTHS HAVE PASSED FROM n THE DATE OF THE EVENT OR n THE DATE WHEN YOU SHOULD HAVE BECOME AWARE OF THE EVENT WHICHEVER IS THE LATER DATE s GIVE THE POLICE MONTHgS NOTICE THAT YOU ARE GOING TO SUE THEM 3O YOUR ATTORNEY MUST FIRST WRITE TO THE POLICE TO SAY THAT YOU ARE GOING TO MAKE A CASE AGAINST THEM AND WHY YOU ARE MAKING A CLAIM 4HE NOTICE MUST REACH THE POLICE WITHIN MONTHS 4HEN YOU MUST WAIT MONTH FROM THE DATE THAT THE NOTICE REACHED THE POLICE BEFORE STARTING THE CASE )F YOU BRING THE CLAIM AFTER MONTHS HAVE PASSED OR IF YOU HAVENgT GIVEN THE POLICE MONTHgS NOTICE THE COURT MAY STILL HEAR YOUR CLAIM IF YOU CAN PROVE TO THE COURT THAT IT IS IN THE INTERESTS OF JUSTICE FOR YOUR CLAIM TO BE HEARD
,!9).' ! #2)-).!, #(!2'% !'!).34 4(% 0/,)#% -AKE A STATEMENT TO A ATTORNEY AS SOON AS POSSIBLE REGARDING THE ASSAULT MADE ON YOU BY THE POLICE OFFICERS 4HE ATTORNEY WILL HELP YOU TO LAY A CHARGE AGAINST THE POLICE OFFICERS WHO ASSAULTED YOU )F YOU ARE CHARGED YOU MUST TELL THE MAGISTRATE OR JUDGE AS SOON AS YOU GET TO COURT THAT YOU WERE ASSAULTED )F THE POLICE REFUSED TO GET YOU A ATTORNEY OR A DOCTOR YOU MUST ALSO TELL THE MAGISTRATE OR JUDGE THIS 4HESE THINGS ARE WRITTEN DOWN IN THE COURT RECORD AND WILL BE PART OF THE EVIDENCE &OLLOW THE USUAL PROCEDURE TO LAY A CRIMINAL CHARGE AGAINST THE POLICE OFFICERS 3EE PAGE 3TEPS IN LAYING A CRIMINAL CHARGE AGAINST ANOTHER PERSON
-/$%, ,%44%23
,ETTER OF DEMAND FOR THE 3MALL #LAIMS #OURT ./4% ,ETTERS OF DEMAND -534 BE SENT BY REGISTERED POST WITH AN !2 CARD FILLED IN AT THE 0OST /FFICE 9OU MUST KEEP THE PROOF OF POSTING REGISTERED SLIP THE !2 CARD WHEN THE 0OST /FFICE SENDS IT BACK TO YOU AND AN EXACT COPY OF THE LETTER TO HAND IN TO THE #LERK OF THE #OURT IF YOU ISSUE THE SUMMONS
%8!-0,%
&2/ YOUR NAME AND ADDRESS AS WELL AS YOUR CONTACT TELEPHONE NUMBER
4/ NAME AND ADDRESS OF DEFENDANT $ATE $EAR NAME OF DEFENDANT 72)44%. $%-!.$ ). 4%2-3 /& 3%#4)/. /& 4(% 3-!,, #,!)-3 #/524 !#4 4AKE NOTE THAT THE UNDERSIGNED HEREBY CLAIMS FROM YOU THE SUM OF 2 IN RESPECT OF GIVE BRIEF DETAILS SUCH AS gUNPAID LOANg OR gCOLLISION DAMAGEg 4AKE NOTE FURTHER THAT UNLESS THE SAID SUM IS PAID TO THE UNDERSIGNED WITHIN DAYS FROM RECEIPT OF THIS LETTER SUMMONS WILL FORTHWITH BE ISSUED AGAINST YOU 9OURS FAITHFULLY
YOUR OWN SIGNATURE 9/52 .!-% ). &5,,
#(%#+,)343
0ARTICULARS TO TAKE IF SOMEONE HAS RECEIVED A SUMMONS (OW MUCH TIME DO YOU HAVE LEFT IN WHICH TO RESPOND TO THE SUMMONS $O YOU HAVE A ATTORNEY 7OULD YOU LIKE A ATTORNEY TO HELP YOU DEFEND THE CASE #AN YOU AFFORD TO PAY FOR A ATTORNEY )F NOT WOULD YOU LIKE TO APPLY FOR ,EGAL !ID
0ARTICULARS TO TAKE IF SOMEONE HAS ALREADY APPEARED IN COURT ON A CRIMINAL CHARGE 7HEN DID YOU APPEAR IN COURT FOR THE FIRST TIME 7HAT WAS THE CHARGE $ID YOU PLEAD TO THE CHARGE )F SO DID YOU PLEAD gGUILTYg OR gNOT GUILTYg $O YOU HAVE A ATTORNEY TO DEFEND YOU IN COURT )F NOT WOULD YOU LIKE AN ATTORNEY #AN YOU AFFORD TO PAY FOR AN ATTORNEY )F NOT WOULD YOU LIKE TO APPLY FOR ,EGAL !ID
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