TYPES OF COURT

PROCEEDINGS
– Civil v Criminal:
– CRIMINAL CASE=when a crime has been committed= the law has
been broken
– Crime: illegal act punishable by law
– Parties are =State v Accused
– Burden of proof: must prove guilt BEYOND REASONABLE DOUBT
– Accused can be “convicted”
 CIVIL CASES
– Civil procedure:
– Process of enforcing rules and procedure in civil cases.
– Claim against a wrongdoer for damages (loss suffered)
– Plaintiff vs the defendant
– Burden of proof: must prove guilt ON A BALANCE OF
PROBABILITIES
– Cannot “convict” the defendant
 CIVIL CASES
– CIVIL PROCEDURE can be divided into two types:
– Action procedure
– Application procedure.
– Application Procedure:
– No serious dispute of facts, case is more about the application of the law.
– Parties: Applicant and Respondent.
– Generally quicker and less expensive.
 CIVIL CASES
– Application Procedure:
– Notice of Motion: sets out the relief /
compensation that is sought.
– Parties argue the matter on paper by way of
Affidavit that is attached to NOM (Founding
affidavit)
 CIVIL CASES
– Action Proccedings
– Disputes of Facts.
– Parties= Plaintiff and Defendant
– Parties can argue things out in court
– Evidence Presented in Court
 CIVIL CASES
– Pleading:
– Pleadings signed by attorney/advocate/or litigant themselves.
– Plaintiff’s attorneys issues summons.
– Summons is then served to the Defendant by the sheriff of the court.
– The rest of pleadings below are not served by sheriff.
– If the Defendant does not want to defend the claim, then the Plaintiff can then
get default judgment.
 CIVIL CASES
– If Defendant wants to defend the case they issue
a Notice of Intention to Defend.
– Then defendant issues a Plea(formal reply to
Summons) where he admits , denies or claims no
knowledge to allegations in Summons.
– Defendant can also issue a counterclaim.
 CIVIL CASES

– Pleadings close after deadline of all

pleadings has ended.
– A date for trial is then set, notice of set
down is filed by Plaintiff.
– Then the Discovery process begins
 CIVIL CASES
– The trial:
– Opening Statements
– Plaintiff’s attorney then call witnesses to testify (give evidence
under oath).
– Witness is then cross-examined by Defendant’s attorney.
– Plaintiff attorneys can re-examine to clear up confusion caused by
cross-examination.
 CIVIL CASES
– Same process is repeated by Defendant’s
witness..
– Closing statements.
– Judge/Mag makes decision.
– Onus of proof is on plaintiff to prove case on a
balance of probabilities
 CIVIL CASES
– Appeals and reviews:
– Losing party can appeal.
– Person that appeals is called the Appellant, other party= Respondent.
– Appeal court relies only on:
– Typed record from court of first instance(court a quo)
– Appellant’s Advocates explanation as to why the 1st court made an incorrect
decision.
– No new evidence is heard or introduced.
 CIVIL CASES
– Review:
– Has to do incorrect procedure followed and
biasness.
– Review tests:
– If the previous court followed correct procedure
– If the attitude of the presiding officer was fair.
– Appeal
– Has to do with the merits/ substance of the case
– The misapplication of law
– Appeal Test
– Is there an error in law
– Has the judicial Officer misapplied the law/ incorrectly
 CIVIL CASES
– Enforcement of court judgment:
– Judgment debtor: person who has to pay claim
– Judgment creditor: person who receives money.
– If debtor does not pay, issue a warrant of execution which enables
sheriff to attach property which is then sold in a sale in execution
to the highest bidder.
– Debt can also be paid in installments if court grants such an order.
OFFICERS OF THE COURT

Attorney: 1st point of contact

– Advocate: Specialize-briefed by attorney
– Prosecutor: In criminal cases only. He represents the states case. Head NDPP
and DPP make decisions on a particular case. Eg: Zuma
– Registrar: Senior Admin officer in HC
– Clerk: Senior Admin officer in HC
– Sheriffs: Serve and execute warrants in SCA, HC and CC.
– Magistrates: presiding officer MC.
OFFICERS OF THE COURT

– Judges preside in SCA, HC and CC.

– Look at Summary in text book!!!
– General:
– Crime: an act punishable by law
– Criminal case parties: The State and the accused e.g. S v Mzolo
– Civil Parties: Applicant/ Plaintiff and the Respondent/ Defendant.
– Burden of Proof in criminal case in on the state: Beyond a reasonable doubt.
 OFFICERS OF THE COURT

– Burden of Proof in civil cases is on a balance

of probabilities.
– Therefore the burden of proof is higher in
criminal case.
– Questions?