Not Happy with a Civil Court Order in South Africa? Here are Your Options
Written by: Nicolene Schoeman-Louw, SchoemanLaw Inc Save to Instapaper
Nicolene Schoeman-Louw | SchoemanLaw IncCategory: Dispute Resolution
If you are unhappy with a civil court order in South Africa, it is essential to know that legal processes are available to challenge the decision. The two primary methods of challenging a court decision are a review or an appeal. However these are not the only options available.
This article will focus on civil matters and the civil courts in South Africa.
Overview of Options
Generally speaking, reviews are used to challenge the lawfulness or procedural correctness of a lower court's decision. A review focuses on whether the court followed the correct legal process in making its decision, rather than whether it was correct. An application for review must be filed within a limited time after the decision is made. This would depend on the Court where the matter was first heard.
On the other hand, appeals are used to challenge the correctness of a court's decision. An appeal focuses on whether the decision was correct or incorrect based on the evidence and legal principles applicable in the case. In a Magistrate's Court, there is an automatic right to appeal to the High Court. In a High Court, an appeal can be initiated by filing a notice of appeal with the High Court itself or directly with the Supreme Court of Appeal within a limited time after the decision was made. It is important to note that a request for reasons for the decision must be made before the a request for leave to appeal is initiated.
While reviews and appeals are the primary methods of challenging a court decision, variation of a court order is also an option. In the case of correcting an obvious error or oversight by the court may do so on own accord without the need of a formal application. There are limited circumstances within which this may occur. In any other circumstances where a court order was made a party can apply for a variation of the order by filing an application with the same court that made the original order. Variation is generally a suitable remedy where there is prior knowledge of the order.
Finally, a rescission of judgment application could also be an option, specifically if the order was made based on some form of error. Again the circumstances are limited and therefore electing the best and post suitable option to remedy your position is paramount.
Conclusion
The time limits for initiating a review or appeal and applying for a variation of a court order are generally relatively short. Therefore, it is vital to act quickly if you wish to challenge a court decision. In addition, seeking the advice of an attorney who can guide you through the process and help you understand your options is always advisable. Contact an Attorney at SchoemanLaw Inc today!
Nicolene Schoeman-Louw | SchoemanLaw IncDispute Resolution Specialisthttps://schoemanlaw.co.za/our-services/civil-litigation-and-alternative-dispute-resolution/
SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public is a boutique law firm offering its clients access to high quality online legal documents and agreements, together with a wide range of legal services. The firm has an innovative and entrepreneurial mindset that distinguishes it from other law firms. We apply our first-hand understanding of the challenges facing entrepreneurs (regardless of their business size) to develop proven, practical solutions incorporating legal compliance, risk aversion and business sense. We achieve this by offering clients tailored, yet holistic support comprising of legal gap analysis, the design of tailored legal solutions and the practical implementation thereof through training and automation. With your personal interests in mind, our ultimate aim is to implement measures that protect the results of your hard work as effectively as possible.
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