Legal – glossary of terms

Accused

A person charged with a criminal offence in a South African court of law.
In simple terms: Someone formally charged with a crime and required to appear in court to face those charges.

Act of Insolvency

An act that demonstrates a debtor’s inability to pay debts, allowing a creditor to apply for sequestration of the debtor’s estate.
In simple terms: Something a person does that shows they can’t pay what they owe, allowing creditors to apply to have their assets sold to settle debts.

Admission of Guilt Fine

A fine paid by an accused person to avoid a full trial, resulting in a conviction being recorded.
In simple terms: Paying a fine to end a case quickly instead of going through a full trial, but it still counts as a conviction.

Affidavit

A written statement made voluntarily and confirmed under oath before a commissioner of oaths.
In simple terms: A signed statement made under oath, used as written evidence in court.

Alternative Dispute Resolution (ADR)

A process such as mediation or arbitration used to resolve disputes without litigation.
In simple terms: Ways to settle disagreements without going to court, like through negotiation or a neutral third party.

Appeal

An application to a higher court to review and change the decision of a lower court.
In simple terms: Asking a higher court to overturn or change a lower court’s decision.

Applicant

The party who initiates motion proceedings in a court application.
In simple terms: The person who starts a legal application asking the court to make a ruling.

Arbitration

A process where a neutral third party (the arbitrator) makes a binding decision to resolve a dispute outside of court.
In simple terms: A private process where an agreed neutral person decides how to end a dispute.

Arraignment

The formal process in criminal proceedings where the accused is called before court to plead to the charges.
In simple terms: When someone charged with a crime appears in court and says whether they are guilty or not.

Attachment

The legal seizure of a debtor’s property by the Sheriff to satisfy a judgment debt.
In simple terms: When the Sheriff takes property from someone who hasn’t paid a debt so it can be sold to settle what’s owed.

Attorney

A legal practitioner admitted and enrolled to practise law, authorised to provide legal services and represent clients.
In simple terms: A qualified lawyer who gives legal advice and represents people in court.

Auction in Execution

The public sale of property seized under a court order to satisfy a debt.
In simple terms: A court-ordered auction where someone’s property is sold to pay off a debt.

—

B

Bail

The temporary release of an accused person awaiting trial, usually upon payment of money to ensure their attendance in court.
In simple terms: Money paid to allow an accused person to go home before trial, on condition they come back to court.

Bill

A proposed law that, once passed by Parliament and signed by the President, becomes an Act.
In simple terms: A draft version of a law that must be approved by Parliament before taking effect.

Bill of Rights

The cornerstone of democracy in South Africa, guaranteeing fundamental human rights.
In simple terms: The part of the Constitution that protects everyone’s basic rights and freedoms.

Bond

A document that provides security over property, commonly used in mortgage transactions.
In simple terms: A legal document that gives a bank rights over property when lending money for it.

Breach of Contract

Failure to perform obligations as agreed in a legally binding contract.
In simple terms: When someone breaks or doesn’t follow the terms of a signed agreement.

Burden of Proof

The obligation to prove allegations made in a case — resting on the prosecution in criminal cases (“beyond reasonable doubt”) and on the plaintiff in civil cases (“on a balance of probabilities”).
In simple terms: The responsibility to prove your side of the case in court.

By-law

A law made by a local government authority to regulate activities within its jurisdiction.
In simple terms: A rule made by a city or town council to control things like noise, parking, or building.

—

C

Case Law

Law developed through judicial decisions rather than legislation, forming part of South Africa’s common law.
In simple terms: Court decisions that set examples other courts must follow in future cases.

Cession

The transfer of a personal right or claim from one person (the cedent) to another (the cessionary), creating a legal substitution.
In simple terms: When one person transfers their right to collect a debt or benefit to someone else.

Charge Sheet

A written document listing the charges against an accused in a criminal case.
In simple terms: A paper listing all the crimes the accused person is being charged with.

Circumstantial Evidence

Indirect evidence that implies a fact or event but does not directly prove it.
In simple terms: Clues or facts that suggest what happened, even if no one saw it directly.

Civil Case

A non-criminal dispute between parties seeking a legal remedy, typically involving contracts, delicts, or administrative issues.
In simple terms: A court case between people or companies about money, contracts, or rights — not about crimes.

Class Action

A legal procedure that allows multiple people with a common interest to sue collectively.
In simple terms: A group of people joining together to bring one court case about the same issue.

Common Law

Law derived from judicial decisions and long-standing legal principles, forming part of South Africa’s hybrid legal system alongside statutory law.
In simple terms: The part of South African law developed through past court rulings and traditions, not Parliament.

Complainant

A person who lodges a complaint in a criminal matter.
In simple terms: The person who reports a crime or lays a complaint with the police.

Compromise

An agreement between parties to settle a dispute, often used to resolve debts.
In simple terms: A deal made between people to end a disagreement without going to court.

Condonation

A court’s forgiveness for failure to comply with a rule or deadline, granted when good cause is shown.
In simple terms: When a court allows someone extra time or excuses a missed deadline for a good reason.

Confession

A voluntary admission of guilt made by an accused, which must be confirmed before a magistrate or judge to be admissible.
In simple terms: When someone admits in court that they committed the crime.

Consent to Judgment

An agreement by a debtor to have judgment entered against them without contest.
In simple terms: When a debtor agrees the creditor can get a court order against them without a fight.

Constitution

The supreme law of South Africa, establishing the structure of government and the rights of citizens.
In simple terms: The highest law in South Africa that explains how the country is run and what rights people have.

Contempt of Court

An act of disrespect or disobedience toward a court or its authority, punishable by fine or imprisonment.
In simple terms: When someone disrespects or ignores a court order, risking punishment.

Contract

A legally enforceable agreement between two or more parties, requiring consensus, legality, possibility, and performance.
In simple terms: A written or verbal agreement that the law can enforce.

Costs Order

A direction by the court determining which party must pay legal costs incurred in a case.
In simple terms: A court decision saying who must pay the lawyers’ and court costs after a case.

Creditor

A person or entity to whom a debt is owed.
In simple terms: Someone who is owed money.

Cross-Examination

The questioning of a witness by the opposing party to test the accuracy or credibility of their evidence.
In simple terms: When the other side’s lawyer asks a witness questions to test their story.

Curator

A person appointed by the High Court to manage the affairs or property of someone unable to do so themselves.
In simple terms: A person chosen by a court to look after someone’s affairs if they can’t do it themselves.

—

D

Damages

A monetary award ordered by a court to compensate a person for loss or injury caused by another’s unlawful act.
In simple terms: Money the court orders someone to pay because their actions caused harm or loss to another person.

Deed of Sale

A contract that records the sale of property, outlining the terms, price, and transfer obligations of the parties.
In simple terms: A written agreement that sets out the terms when someone sells property to someone else.

Default Judgment

A judgment granted in favour of a plaintiff when the defendant fails to respond or appear in court.
In simple terms: A court decision made against someone because they didn’t show up or reply to a case.

Defendant

The person or entity against whom legal proceedings are instituted.
In simple terms: The person being sued or accused in a court case.

Delict

A wrongful and blameworthy act causing harm to another, for which compensation may be claimed.
In simple terms: When someone unlawfully causes harm or loss to another and must pay for it — similar to a “civil wrong.”

Demand Letter / Letter of Demand

A formal notice requiring payment or compliance before legal action is taken.
In simple terms: A letter sent to ask for payment or action before taking someone to court.

Discovery

The process in civil proceedings where parties exchange documents and information relevant to their case.
In simple terms: When both sides in a case share the documents and information they’ll use in court.

Dismissal

The act of terminating an employee’s contract, which must be substantively and procedurally fair.
In simple terms: When someone is fired from their job — but it must be fair and follow proper steps.

Docket

A collection of documents and evidence compiled by the investigating officer in a criminal case.
In simple terms: The police file containing all the evidence and paperwork for a criminal case.

Doctrine of Precedent

The principle that lower courts must follow the decisions of higher courts to maintain consistency in the law.
In simple terms: A rule that says lower courts must follow decisions made by higher courts in similar cases.

Domestic Violence Order

A protection order issued to prevent abuse or harassment in domestic relationships.
In simple terms: A court order that protects someone from being abused or threatened by a partner or family member.

—

E

Emoluments Attachment Order (EAO)

A court order directing an employer to deduct money from an employee’s salary to satisfy a debt.
In simple terms: A court order telling an employer to take money off someone’s pay to settle a debt.

Endorsement

An official notation made on a legal document, such as a title deed or cheque, indicating approval, transfer, or acknowledgment.
In simple terms: A written note or stamp on a legal document showing approval, ownership, or transfer.

Enforcement of Judgment

The process of carrying out a court’s decision, including attachment and sale of property by the Sheriff.
In simple terms: Making sure a court order is followed — for example, collecting money or selling assets to pay a debt.

Equitable Relief

A remedy granted by a court based on fairness, such as interdicts or specific performance.
In simple terms: A court’s fair solution — for example, ordering someone to stop doing something or to do what they promised.

Estate

All assets and liabilities belonging to a person, whether living or deceased.
In simple terms: Everything a person owns and owes, especially after they pass away.

Eviction Order

A court order directing a person to vacate property unlawfully occupied.
In simple terms: A court order forcing someone to move out of a property they’re occupying illegally.

Evidence

Information presented to a court to prove or disprove a fact in issue.
In simple terms: Information or proof shown in court to support one side’s story.

Ex Parte Application

A court application brought by one party without notifying the other, usually in urgent or confidential matters.
In simple terms: An urgent request made to the court without telling the other side, usually for emergencies.

Examination-in-Chief

The questioning of a witness by the party who called them to give evidence.
In simple terms: When a lawyer asks questions to their own witness first in court.

Exclusionary Rule

A rule preventing unlawfully obtained evidence from being admitted in court if its admission would be unfair.
In simple terms: Evidence obtained illegally — like through an unlawful search — can be excluded from court.

Execution of Judgment

The legal process of enforcing a court’s order, including attachment and sale in execution of a debtor’s property.
In simple terms: Carrying out what the court ordered — for example, collecting money owed or selling property.

—

F

Fair Hearing

The right of every person to a fair and impartial trial or administrative process.
In simple terms: Everyone’s right to be heard properly and fairly before any decision is made about them.

Final Order

A conclusive court order that resolves the matter and is binding unless set aside on appeal or review.
In simple terms: A court’s final decision that settles the case unless it’s successfully appealed.

Fixed Property

Land or immovable property that may be attached or sold in satisfaction of a judgment.
In simple terms: Land or buildings that can’t be moved — for example, a house or farm.

Forfeiture Order

A court order directing that certain property be seized and transferred to the State, typically proceeds of crime.
In simple terms: A court ruling that property linked to crime must be taken by the State.

Fraud

An intentional misrepresentation or deceit resulting in prejudice to another person.
In simple terms: Lying or cheating to gain money or an advantage dishonestly.

Freehold

Permanent ownership of immovable property.
In simple terms: Owning land or a house completely and permanently, without paying rent to anyone.

Full and Final Settlement

An agreement where a creditor accepts a specific payment as full discharge of a debt.
In simple terms: A deal where someone pays an agreed amount, and the other side agrees the debt is fully settled.

—

G

Garnishee Order

A court order authorising the attachment of money owed by a third party to a judgment debtor, directing that it be paid to the creditor.
In simple terms: A court order that tells someone who owes money to a debtor (like an employer or bank) to pay it directly to the creditor instead.

Good Faith (Bona Fides)

A principle of honesty, fairness, and reasonableness in the performance and enforcement of contractual and legal obligations.
In simple terms: Acting honestly and fairly when making or carrying out an agreement.

Goods Sold and Delivered

A cause of action arising when goods have been delivered to a purchaser but not paid for.
In simple terms: When someone receives goods but hasn’t paid for them, allowing the seller to claim the money in court.

Grant of Probate

A document issued by the Master of the High Court confirming the appointment of an executor to administer a deceased estate.
In simple terms: An official paper from the Master giving permission for someone to manage a deceased person’s estate.

Guarantee

A written undertaking by one person (the guarantor) to assume responsibility for another’s debt or obligation if that person defaults.
In simple terms: A written promise to pay someone else’s debt if they don’t.

Guarantor / Surety

The person who gives a guarantee or suretyship for another’s debt.
In simple terms: The person who agrees to take on someone else’s debt if they fail to pay it.

—

H

Harassment Order (Protection Order)

A court order prohibiting harassment, intimidation, or stalking of another person.
In simple terms: A court order that protects someone from being threatened, followed, or harassed.

Hearing

A judicial or administrative session where evidence and argument are presented before a magistrate, judge, or tribunal.
In simple terms: A formal court or tribunal session where both sides explain their case and present evidence.

Heir

A person entitled by law or by will to inherit part or all of a deceased estate.
In simple terms: Someone who receives property or money when a person dies.

High Court

A division of the judiciary with jurisdiction over civil and criminal matters exceeding the monetary and sentencing limits of the Magistrates’ Courts.
In simple terms: A major court that hears serious criminal and civil cases and appeals from the lower courts.

Homicide

The unlawful killing of a human being by another.
In simple terms: When one person unlawfully causes the death of another.

Hypothec

A creditor’s real right over a debtor’s property that serves as security for a debt, such as a landlord’s tacit hypothec over a tenant’s movables.
In simple terms: A legal right that lets a creditor claim or hold property as security for unpaid debt.

—

I

Immovable Property

Land or any permanent structure attached to it, including rights associated with ownership or occupation.
In simple terms: Property that can’t be moved, such as land, houses, or buildings.

In Camera

A hearing conducted privately, excluding the public, typically in sensitive matters such as family or minor-related cases.
In simple terms: A private court session held behind closed doors to protect confidentiality or privacy.

In Duplum Rule

A rule that interest on a debt stops accruing once the unpaid interest equals the outstanding capital amount.
In simple terms: A rule that limits interest so it can’t grow to more than the original amount owed.

Injunction / Interdict

A court order preventing a person from doing something or compelling them to act in a particular way.
In simple terms: A legal order telling someone to stop doing something or to take a specific action.

Inquest

A judicial inquiry conducted to determine the cause of a person’s death in cases of suspected unnatural causes.
In simple terms: An official investigation to find out how someone died when it wasn’t from natural causes.

Insolvency

The condition of being unable to pay debts as they fall due, or having liabilities exceeding assets.
In simple terms: When a person or business can’t pay their debts.

Insolvent Estate

An estate that has been sequestrated due to the debtor’s inability to meet financial obligations.
In simple terms: All the property and debts belonging to someone who has been declared insolvent.

Inspection in Loco

A visit by the court or presiding officer to a location relevant to a case to better understand the evidence.
In simple terms: When a judge or magistrate goes to the actual place involved in a case to see it for themselves.

Instrument

A formal legal document that records rights, duties, or transactions, such as a contract or deed.
In simple terms: A written document that has legal force, like a contract, bond, or agreement.

Intellectual Property (IP)

Creations of the mind protected by law, including trademarks, patents, designs, and copyright.
In simple terms: Ideas, inventions, or creative works that belong to someone and are protected by law.

Interdict

A court order restraining a person from committing an unlawful act or compelling performance of a legal duty.
In simple terms: A court order that stops someone from doing something illegal or forces them to do what they’re supposed to.

Interlocutory Application

An application made during the course of a case to obtain interim relief or procedural directions.
In simple terms: A short-term request made to the court while a bigger case is still ongoing.

Interrogatories

Formal written questions one party may serve on another to obtain information relevant to the case.
In simple terms: Written questions one side in a case sends to the other to get facts before trial.

Intestate Succession

Inheritance that occurs when a person dies without leaving a valid will, where distribution follows statutory rules.
In simple terms: When someone dies without a will, and the law decides how their property is divided among family members.

Investigation

The process of gathering evidence or facts relevant to a case, conducted by police or regulatory authorities.
In simple terms: When the police or authorities collect information and evidence to find out what happened.

Irregular Proceedings

Court procedures not in compliance with prescribed rules, which may be set aside by application.
In simple terms: A legal process that didn’t follow the proper rules and can be corrected or cancelled by the court.

—

J

Joinder

The inclusion of additional parties to existing legal proceedings, either as plaintiffs or defendants, when their rights or obligations are directly affected by the outcome.
In simple terms: When extra people are added to a case because the outcome will affect them too.

Joint Ownership

A legal arrangement where two or more persons share ownership of the same property, each having an undivided share.
In simple terms: When two or more people own the same property together.

Joint and Several Liability

A form of liability where two or more persons are each individually responsible for the entire debt or obligation.
In simple terms: When two or more people owe the same debt, and each can be made to pay all of it.

Judgment

A final decision or order handed down by a court determining the rights and obligations of the parties.
In simple terms: The official decision or ruling a court makes to end a case.

Judgment Creditor

A person or entity in whose favour a court judgment has been granted, entitling them to enforce payment.
In simple terms: The person who has won a court case and is owed money.

Judgment Debtor

A person or entity against whom a court judgment has been made, requiring payment or performance.
In simple terms: The person who has lost a case and must pay money or do what the court ordered.

Judicial Review

The process by which a court examines the lawfulness of a decision or action taken by a public authority.
In simple terms: When a court checks if a government decision was fair, lawful, and reasonable.

Jurisdiction

The legal authority of a court to hear and determine a case, based on subject matter, geographic area, or monetary value.
In simple terms: The power a court has to deal with a case, depending on where it happened and what it’s about.

Just Cause

A lawful and reasonable ground or justification for an action, especially in employment disputes or contract termination.
In simple terms: A fair and valid reason for doing something, such as firing an employee or ending a contract.

—

K

Knowledge of Debt

The awareness by a creditor of the existence of a debt, which determines when prescription begins to run.
In simple terms: When a person knows someone owes them money — the clock for how long they can claim it starts running then.

KwaZulu-Natal Division

One of the divisions of the High Court of South Africa, with jurisdiction over matters arising in the KwaZulu-Natal Province.
In simple terms: The branch of the High Court that deals with cases from the KwaZulu-Natal region.

—

L

Laches (Delay in Enforcement)

A legal principle barring a claim where there has been unreasonable delay in asserting a right, to the prejudice of another party.
In simple terms: When someone waits too long to take legal action, making it unfair to the other side.

Law of Contract

The body of law governing agreements between parties and the enforceability of promises.
In simple terms: The rules that control how agreements are made and enforced.

Law of Delict

The branch of law governing compensation for harm caused by one person’s wrongful act or omission.
In simple terms: The law that decides when someone must pay for damage they caused to another person.

Lease Agreement

A contract under which one party (the lessor) grants another (the lessee) the right to use property for a specified period in exchange for payment.
In simple terms: An agreement where someone rents property, like a flat or office, for a set time and price.

Leave to Appeal

Permission granted by a court to appeal against its judgment or order.
In simple terms: The court’s approval to take a case to a higher court for review.

Legal Aid

Assistance provided to individuals who cannot afford legal representation, administered by Legal Aid South Africa.
In simple terms: Free or affordable legal help for people who can’t pay for their own lawyer.

Legal Counsel

An attorney or advocate qualified to provide legal advice and represent clients.
In simple terms: A lawyer who gives advice or speaks for you in legal matters.

Legal Costs

The expenses incurred in pursuing or defending a legal matter, recoverable as per court tariff.
In simple terms: The money spent on lawyers and court fees during a case.

Legal Personality

The status of an entity as a legal person capable of owning property, entering contracts, and suing or being sued.
In simple terms: When a business or organisation is treated as a person in law and can make its own contracts or be sued.

Legislation

Laws enacted by Parliament or a provincial legislature.
In simple terms: Official laws passed by the government.

Letters of Authority

A document issued by the Master of the High Court authorising a representative to administer a deceased estate of limited value.
In simple terms: Permission from the Master allowing someone to manage a small estate after someone dies.

Letters of Executorship

A document issued by the Master of the High Court confirming the appointment of an executor to administer a deceased estate.
In simple terms: Official papers allowing someone to handle and distribute a deceased person’s property.

Lien

A right of retention over property belonging to another until a debt is paid or obligation performed.
In simple terms: The right to hold onto someone’s goods until they pay what they owe.

Liquidation

The winding-up of a company or close corporation that is unable to pay its debts, resulting in the appointment of a liquidator to realise assets and distribute proceeds.
In simple terms: When a business closes down because it can’t pay its debts, and its property is sold to repay creditors.

Liquidator

A person appointed to administer and wind up the affairs of a company or close corporation in liquidation.
In simple terms: The person who handles selling off a company’s assets and paying its debts when it shuts down.

Lis Pendens

A legal term referring to a matter already pending before a court between the same parties on the same issue, which prevents duplication of proceedings.
In simple terms: A case that’s already in court, stopping anyone from starting the same case again elsewhere.

Litigant

Any person or entity who is a party to a legal proceeding — either plaintiff, defendant, applicant, or respondent.
In simple terms: A person or company involved in a court case.

Litigation

The process of taking legal action or resolving disputes through the courts.
In simple terms: The act of suing or being sued in court.

Locus Standi

The legal capacity or standing to bring or defend a legal action.
In simple terms: Having the right or authority to take a case to court.

Long Title (of an Act)

The introductory section of an Act of Parliament describing the scope, objectives, and purpose of the legislation.
In simple terms: The part at the start of a law that explains what the law is about and what it aims to do.

—

M

Magistrates’ Court

A lower court established to handle civil and criminal matters within specific monetary and sentencing limits.
In simple terms: A local court that deals with smaller cases and less serious crimes.

Maintenance Order

A court order requiring one person to provide financial support to another, usually a spouse, former spouse, or child.
In simple terms: A court instruction that someone must pay money regularly to support their child or former partner.

Mandate

An agreement authorising one person (the mandatary) to perform a lawful act on behalf of another (the mandator).
In simple terms: When you give someone permission to act or make decisions for you.

Mediation

A voluntary process where an independent third party assists disputing parties in reaching a mutually acceptable resolution.
In simple terms: A discussion led by a neutral person who helps both sides reach an agreement without going to court.

Mens Rea

A Latin term meaning “guilty mind,” referring to the intent or knowledge of wrongdoing required for criminal liability.
In simple terms: The guilty state of mind needed before someone can be found guilty of a crime.

Minor

A person under the age of 18 years, lacking full legal capacity unless assisted by a parent or guardian.
In simple terms: A person younger than 18 who can’t make all legal decisions without adult help.

Mitigating Circumstances

Facts or factors presented to lessen the severity of a sentence or penalty.
In simple terms: Reasons or facts that can help reduce the punishment for a crime.

Mortgage Bond

A registered document giving a creditor (usually a bank) security over immovable property for a loan.
In simple terms: A legal document that gives a bank rights over your house or land when you take a loan.

Movable Property

Any property that can be physically moved, such as vehicles, furniture, or stock.
In simple terms: Things you own that can be moved, like cars, furniture, or tools.

Municipal By-law

A rule made by a municipality to regulate activities within its jurisdiction.
In simple terms: A local rule made by a city or town council to control things like building, business hours, or noise.

—

N

National Credit Regulator (NCR)

The authority responsible for regulating the credit industry and ensuring compliance with the National Credit Act 34 of 2005.
In simple terms: The organisation that makes sure lenders and credit providers follow the rules when giving loans.

Negligence

The failure to exercise the care that a reasonable person would under similar circumstances, resulting in harm or loss to another.
In simple terms: When someone doesn’t take proper care and causes damage or injury to another person.

Negotiable Instrument

A written document guaranteeing payment of a specific amount of money, such as a cheque or promissory note, transferable from one person to another.
In simple terms: A document like a cheque that can be passed on and used to claim money.

Nominee

A person appointed to act on behalf of another, often in managing property or investments.
In simple terms: Someone officially named to act for another person in managing money or property.

Non-Disclosure

Failure to reveal material information when required by law or contract.
In simple terms: When someone hides or fails to share important information they were supposed to give.

Notary Public

A legal practitioner admitted and authorised to attest and certify documents, administer oaths, and draft notarial deeds.
In simple terms: A special type of lawyer who signs and certifies official documents to make them legally valid.

Notice of Appeal

A formal document lodged by a party seeking to challenge a court’s decision in a higher court.
In simple terms: The official paper you file to tell the court you’re appealing a decision.

Notice of Motion

A written document initiating application proceedings in court, supported by an affidavit setting out the facts.
In simple terms: A formal notice used to start a case in court when you’re asking for a specific order.

Nuisance

An unlawful interference with another’s use or enjoyment of land or property.
In simple terms: When someone’s actions or property make it difficult for you to use or enjoy your own property.

Nulla Bona Return

A report filed by the Sheriff indicating that the judgment debtor has no attachable property.
In simple terms: A document saying the Sheriff couldn’t find any property to take from the debtor to pay the debt.

—

O

Obligation

A legal duty to perform or refrain from an act, arising from contract, statute, or operation of law.
In simple terms: A responsibility to do something — like paying money or completing work — because of a law or agreement.

Occupation Order

A court order granting one person the right to occupy property, often in matrimonial or domestic matters.
In simple terms: A court order allowing someone to stay in a home, usually after family or relationship problems.

Offence

Any act or omission that constitutes a crime under South African law.
In simple terms: Something that breaks the law and is punishable as a crime.

Offer

An expression of willingness to enter into a contract on specific terms, which becomes binding when accepted.
In simple terms: A proposal to do business or make a deal that becomes a contract when the other side agrees.

Ombud / Ombudsman

An independent official appointed to investigate and resolve complaints against public or private institutions.
In simple terms: A neutral person or office that helps settle complaints between customers and organisations.

Open Court

A court session open to the public, ensuring transparency and fairness in legal proceedings.
In simple terms: A court hearing that anyone can attend to make sure justice is seen to be done.

Order of Court

A formal directive or ruling issued by a court, binding on the parties involved.
In simple terms: An official instruction from a court that must be followed.

Ordinance

A law enacted by a provincial or local government prior to the constitutional reforms of 1994, still in force unless repealed.
In simple terms: An old provincial law that still applies unless it has been replaced.

Over-Indebtedness

A situation where a consumer cannot meet all credit obligations as they become due.
In simple terms: When someone has borrowed too much money and can’t keep up with their repayments.

Overt Act

An open action that demonstrates criminal intent, used to establish participation in an offence.
In simple terms: A clear action showing that someone meant to commit a crime.

—

P

Parole

The conditional release of a prisoner before the completion of their sentence, subject to supervision and compliance with specific conditions.
In simple terms: When a prisoner is allowed to leave jail early but must follow certain rules and be supervised.

Party

A person or legal entity directly involved in legal proceedings — either plaintiff, defendant, applicant, respondent, or intervening party.
In simple terms: Someone who is part of a case — either bringing it or defending it.

Payment in Full

The complete settlement of a debt, extinguishing any further obligation.
In simple terms: When you pay everything you owe and don’t have to pay anything more.

Perjury

The criminal offence of knowingly giving false evidence under oath in judicial proceedings.
In simple terms: Lying under oath in court, which is a crime.

Peremption

The loss of a right to appeal because of conduct showing acceptance of a judgment.
In simple terms: When someone acts as if they accept a court’s decision, so they lose the right to appeal it.

Petition

A formal written request to a court or authority asking for a specific order or relief.
In simple terms: A written request asking the court or government to take action on something.

Plaintiff

The person who brings a civil action against another, seeking relief from the court.
In simple terms: The person who starts a case in court to get money or another remedy.

Plea

A formal statement by an accused person responding to criminal charges, indicating whether they admit or deny guilt.
In simple terms: When someone in a criminal case says whether they’re guilty or not guilty.

Pleadings

The written documents exchanged by parties in a case that set out their claims, defences, and issues.
In simple terms: The formal papers each side files to explain their case and arguments.

Power of Attorney

A written authorisation allowing one person to act on behalf of another in legal or financial matters.
In simple terms: A document giving someone permission to handle your affairs or make decisions for you.

Prescription

The extinction of a debt or claim after a set period has passed without enforcement.
In simple terms: When a debt or right expires because too much time has passed without action.

Principal Debt

The original amount owed by a debtor, excluding interest or other charges.
In simple terms: The basic amount of money someone owes before interest or fees are added.

Privilege

A right protecting certain communications or documents from being disclosed, such as between lawyer and client.
In simple terms: When the law lets you keep some information private, like what you tell your lawyer.

Probation

A sentence allowing an offender to remain in the community under supervision instead of going to prison.
In simple terms: When a convicted person stays out of jail but must follow strict rules and report to a probation officer.

Property

Anything capable of ownership, including land, goods, or rights.
In simple terms: Anything you can own, such as land, money, or possessions.

Prosecutor

A lawyer representing the State in criminal cases, responsible for proving the accused’s guilt.
In simple terms: The government lawyer who brings criminal cases to court.

Provisional Sentence

A summary procedure allowing a creditor with a liquid document to get judgment quickly unless the debtor gives security.
In simple terms: A faster way for someone owed money on a written promise to get paid, unless the debtor can prove otherwise.

—

Q

Quantum

The amount of damages or compensation awarded by a court.
In simple terms: The amount of money a court decides must be paid as compensation.

Quorum

The minimum number of members needed for a meeting or court to be validly constituted.
In simple terms: The smallest number of people who must be present for a meeting or court session to proceed.

—

R

Real Rights

Rights attached to property that can be enforced against anyone, such as ownership or a mortgage.
In simple terms: Legal rights you have over something you own, which others must respect.

Rebuttal Evidence

Evidence presented to disprove or challenge the other side’s evidence.
In simple terms: Information or proof used to counter what the other side said in court.

Receipt

A written acknowledgment that money or goods have been received.
In simple terms: A written note proving you paid for something or received goods or money.

Recognition Agreement

A contract between an employer and a trade union establishing collective bargaining rights.
In simple terms: An agreement giving a union the right to speak and negotiate for workers.

Rehabilitation

The legal process by which an insolvent person is freed from the restrictions of insolvency and regains full legal capacity.
In simple terms: When someone declared insolvent is officially cleared and can again own property or borrow money.

Reinstatement

An order restoring an employee to their job after unfair dismissal.
In simple terms: When a worker gets their job back after being unfairly fired.

Remedy

A legal way to enforce a right or fix a wrong, such as damages, interdict, or specific performance.
In simple terms: The legal solution the court gives to correct a problem or harm.

Reply (Replication)

A pleading by the plaintiff answering the defendant’s plea.
In simple terms: A written response the plaintiff files to address what the defendant said in court papers.

Representative

A person lawfully authorised to act for another, such as an executor or curator.
In simple terms: Someone legally appointed to act for another person or estate.

Rescission of Judgment

The cancellation of a judgment made in error or without proper notice.
In simple terms: When a court cancels or withdraws a judgment because it was made unfairly or by mistake.

Reservation of Rights

A statement declaring that a person is not giving up any legal rights, even while cooperating or negotiating.
In simple terms: A way of saying you’re keeping your legal options open, even if you agree to talk or settle.

Restitution

Returning parties to the position they were in before a contract or event, usually after cancellation.
In simple terms: Putting everyone back in the position they were in before a deal went wrong.

Restriction Order

A court order limiting someone’s behaviour, often to protect others or preserve assets.
In simple terms: A court instruction that restricts what a person can do, often to protect someone else.

Retention of Title

A clause in a contract where ownership of goods stays with the seller until full payment is made.
In simple terms: A rule in a sale agreement saying the buyer doesn’t own the goods until they’re fully paid for.

Review

The process by which a higher court checks the legality or fairness of a lower court or authority’s decision.
In simple terms: When a higher court looks at whether a lower court or government body made a fair and lawful decision.

Right of Appearance

The authority granted to legal practitioners to represent clients in court.
In simple terms: When a lawyer is officially allowed to speak and act in court on behalf of a client.

Rule Nisi

A temporary court order that becomes permanent unless someone shows good cause why it shouldn’t.
In simple terms: A court order that will take full effect unless the other side goes to court to challenge it.

—

S

Sale in Execution

The sale of a debtor’s property by the Sheriff to satisfy a judgment debt.
In simple terms: When the Sheriff sells someone’s property by court order to pay off a debt.

Sanction

A penalty or corrective measure imposed for non-compliance with a law, regulation, or court order.
In simple terms: A punishment or consequence for breaking a law or court order.

Seizure

The act of taking possession of property by lawful authority, such as during execution or search.
In simple terms: When officials or the police take property because of a court order or investigation.

Sentence

The punishment imposed by a court after a criminal conviction.
In simple terms: The penalty or punishment a judge gives after someone is found guilty of a crime.

Sequestration

The legal process by which an insolvent individual’s estate is placed under control of a trustee for distribution to creditors.
In simple terms: When a person who can’t pay their debts has their property sold and the money shared among creditors.

Servitude

A registered right over another person’s property, such as a right of way or right to draw water.
In simple terms: A legal right that allows someone to use part of another person’s land, like a pathway.

Settlement Agreement

A contract resolving a dispute between parties without further court proceedings.
In simple terms: A written agreement where people in a dispute decide to settle things without going to court.

Sheriff

An officer of the court responsible for serving legal documents, enforcing judgments, and executing court orders.
In simple terms: The official who delivers court papers and makes sure court orders are carried out.

Signature

A handwritten or electronic mark indicating a person’s approval or consent.
In simple terms: Your written or digital name showing agreement or approval of a document.

Simple Summons

A court document used to claim a debt or liquidated amount without requiring detailed particulars.
In simple terms: A straightforward court form used to demand a fixed amount of money owed.

Specific Performance

A court order compelling a party to perform exactly as promised under a contract.
In simple terms: When the court orders someone to do what they agreed to do in a contract instead of just paying damages.

Statute of Limitations (Prescription Period)

The legal time limit within which a claim must be brought before it expires.
In simple terms: The time period after which you can no longer take someone to court for a claim.

Subpoena

A written order requiring someone to appear in court or produce documents.
In simple terms: A court order telling someone to come to court or bring documents as evidence.

Summons

A formal document issued by a court to notify a defendant of legal action and requiring their response.
In simple terms: An official court paper telling someone they are being sued and must reply.

Suretyship

A contract in which one person agrees to be responsible for another’s debt or obligation if that person fails to pay.
In simple terms: A written promise to pay someone else’s debt if they don’t.

Suspended Sentence

A sentence that is postponed on condition that the offender does not commit another offence within a specified period.
In simple terms: A punishment that only takes effect if the person commits another crime within a set time.

—

T

Tenant

A person who occupies land or property rented from a landlord under a lease agreement.
In simple terms: Someone who rents and lives in or uses another person’s property.

Testament (Will)

A legal document stating how a person’s property must be distributed after their death.
In simple terms: A written document showing who gets your property when you die.

Tort (Delict)

A civil wrong causing harm or loss to another person, entitling the injured party to compensation.
In simple terms: When someone unlawfully causes you harm or damage and you can claim money from them.

Trust

A legal arrangement where a trustee holds property for the benefit of others.
In simple terms: A setup where someone manages property or money for other people’s benefit.

Trustee

A person appointed to manage property held in trust, or to administer an insolvent estate.
In simple terms: Someone legally in charge of managing assets or money for others.

—

U

Ultra Vires

An act performed beyond the legal power or authority of a person or entity.
In simple terms: When someone or an organisation does something the law doesn’t allow them to do.

Undertaking

A formal promise or assurance, often given to a court, to perform or refrain from an act.
In simple terms: A promise made to a court or person to do or not do something.

Unfair Dismissal

The termination of an employee’s contract without a fair reason or procedure.
In simple terms: When an employee is fired unfairly or without following the right steps.

Unlawful Arrest

An arrest carried out without proper legal grounds or procedure.
In simple terms: When someone is taken into custody illegally or without reason.

Usury

Charging excessive or unlawful interest on a loan.
In simple terms: When someone lends money and demands unreasonably high interest.

—

V

Verdict

The decision of a court or jury determining the outcome of a criminal or civil case.
In simple terms: The final decision or finding in a court case.

Vesting

The point at which a right or interest becomes legally enforceable or complete.
In simple terms: When a right or benefit officially becomes yours.

Void Contract

A contract with no legal effect from the start, usually due to illegality or lack of essential elements.
In simple terms: An agreement that was never legally valid.

Voidable Contract

A contract that is valid until cancelled by one of the parties due to a defect like misrepresentation.
In simple terms: A deal that’s legal now but can be cancelled if one side was misled or treated unfairly.

—

W

Warrant of Arrest

A written order issued by a magistrate or judge authorising the police to arrest a specific person.
In simple terms: A court document giving the police permission to arrest someone.

Warranty

A contractual promise that certain facts or conditions are true, often in sale or service agreements.
In simple terms: A guarantee in a contract that something meets certain conditions or standards.

Will

A legal document expressing a person’s wishes about how their property should be distributed after death.
In simple terms: A written statement of who should get your property when you die.

Without Prejudice

A term used in legal communication indicating that statements made cannot be used as evidence if settlement negotiations fail.
In simple terms: When you make an offer or comment in settlement talks that can’t be used against you later in court.

Witness

A person who gives testimony or evidence under oath in court.
In simple terms: Someone who tells the court what they saw, heard, or know about a case.

Writ of Execution

A court order directing the Sheriff to attach and sell a debtor’s property to enforce a judgment.
In simple terms: A court instruction allowing the Sheriff to take and sell property to pay a debt.

—

Z

Zoning

The division of land into areas for specific uses, such as residential, commercial, or industrial.
In simple terms: Government rules that say how different areas of land can be used — for homes, shops, or factories.

A 

Accused 
A person charged with a criminal offence in a South African court of law (as defined in the Criminal Procedure Act 51 of 1977). 
Someone formally charged with a crime and required to appear in court to face those charges. 

Act of Insolvency 
An act that demonstrates a debtor’s inability to pay debts, allowing a creditor to apply for sequestration of the debtor’s estate (as defined in section 8 of the Insolvency Act 24 of 1936). 
Something a person does that shows they can’t pay what they owe, allowing creditors to apply to have their assets sold to settle debts. 

Admission of Guilt Fine 
A fine paid by an accused person to avoid a full trial, resulting in a conviction being recorded (as provided for in section 57 of the Criminal Procedure Act 51 of 1977). 
Paying a fine to end a case quickly instead of going through a full trial, but it still counts as a conviction. 

Affidavit 
A written statement made voluntarily and confirmed under oath before a commissioner of oaths (as governed by the Justices of the Peace and Commissioners of Oaths Act 16 of 1963). 
A signed statement made under oath, used as written evidence in court. 

Alternative Dispute Resolution (ADR) 
A process such as mediation or arbitration used to resolve disputes without litigation, recognised under the Uniform Rules of Court and the Arbitration Act 42 of 1965. 
Ways to settle disagreements without going to court, like through negotiation or a neutral third party. 

Appeal 
An application to a higher court to review and change the decision of a lower court (as provided in the Superior Courts Act 10 of 2013). 
Asking a higher court to overturn or change a lower court’s decision. 

Applicant 
The party who initiates motion proceedings in a court application (as defined in Rule 6 of the Uniform Rules of Court). 
The person who starts a legal application asking the court to make a ruling. 

Arbitration 
A process where a neutral third party (the arbitrator) makes a binding decision to resolve a dispute outside of court (as regulated by the Arbitration Act 42 of 1965). 
A private process where an agreed neutral person decides how to end a dispute. 

Arraignment 
The formal process in criminal proceedings where the accused is called before court to plead to the charges (as per section 105 of the Criminal Procedure Act 51 of 1977). 
When someone charged with a crime appears in court and says whether they are guilty or not. 

Attachment 
The legal seizure of a debtor’s property by the Sheriff to satisfy a judgment debt (as governed by Rule 45 of the Uniform Rules of Court and Rule 36 of the Magistrates’ Court Rules). 
When the Sheriff takes property from someone who hasn’t paid a debt so it can be sold to settle what’s owed. 

Attorney 
A legal practitioner admitted and enrolled to practise law under the Legal Practice Act 28 of 2014, authorised to provide legal services and represent clients. 
A qualified lawyer who gives legal advice and represents people in court. 

Auction in Execution 
The public sale of property seized under a court order to satisfy a debt (as defined in Rule 46 of the Uniform Rules of Court and Rule 43 of the Magistrates’ Court Rules). 
A court-ordered auction where someone’s property is sold to pay off a debt. 

B 

Bail 
The temporary release of an accused person awaiting trial, usually upon payment of money to ensure their attendance in court (as provided in Chapter 9 of the Criminal Procedure Act 51 of 1977). 
Money paid to allow an accused person to go home before trial, on condition they come back to court. 

Bill 
A proposed law that, once passed by Parliament and signed by the President, becomes an Act (as described in Chapter 4 of the Constitution of the Republic of South Africa, 1996). 
A draft version of a law that must be approved by Parliament before taking effect. 

Bill of Rights 
The cornerstone of democracy in South Africa, enshrined in Chapter 2 of the Constitution of the Republic of South Africa, 1996, guaranteeing fundamental human rights. 
The part of the Constitution that protects everyone’s basic rights and freedoms. 

Bond 
A document that provides security over property, commonly used in mortgage transactions (as defined in the Deeds Registries Act 47 of 1937). 
A legal document that gives a bank rights over property when lending money for it. 

Breach of Contract 
Failure to perform obligations as agreed in a legally binding contract (as governed by South African common law and relevant statutory provisions). 
When someone breaks or doesn’t follow the terms of a signed agreement. 

Burden of Proof 
The obligation to prove allegations made in a case — resting on the prosecution in criminal cases (“beyond reasonable doubt”) and on the plaintiff in civil cases (“on a balance of probabilities”). 
The responsibility to prove your side of the case in court. 

By-law 
A law made by a local government authority to regulate activities within its jurisdiction (as authorised by section 156 of the Constitution and the Local Government: Municipal Systems Act 32 of 2000). 
A rule made by a city or town council to control things like noise, parking, or building. 

C 

Case Law 
Law developed through judicial decisions rather than legislation, forming part of South Africa’s common law (as recognised under section 39(2) of the Constitution of the Republic of South Africa, 1996). 
Court decisions that set examples other courts must follow in future cases. 

Cession 
The transfer of a personal right or claim from one person (the cedent) to another (the cessionary), creating a legal substitution (as recognised in South African contract law). 
When one person transfers their right to collect a debt or benefit to someone else. 

Charge Sheet 
A written document listing the charges against an accused in a criminal case (as required by section 84 of the Criminal Procedure Act 51 of 1977). 
A paper listing all the crimes the accused person is being charged with. 

Circumstantial Evidence 
Indirect evidence that implies a fact or event but does not directly prove it (as accepted in South African evidentiary law). 
Clues or facts that suggest what happened, even if no one saw it directly. 

Civil Case 
A non-criminal dispute between parties seeking a legal remedy, typically involving contracts, delicts, or administrative issues (as regulated by the Uniform Rules of Court and Magistrates’ Court Rules). 
A court case between people or companies about money, contracts, or rights — not about crimes. 

Class Action 
A legal procedure that allows multiple people with a common interest to sue collectively (as recognised under section 38(c) of the Constitution of the Republic of South Africa, 1996). 
A group of people joining together to bring one court case about the same issue. 

Common Law 
Law derived from judicial decisions and long-standing legal principles, forming part of South Africa’s hybrid legal system alongside statutory law. 
The part of South African law developed through past court rulings and traditions, not Parliament. 

Complainant 
A person who lodges a complaint in a criminal matter (as recognised under section 2 of the Criminal Procedure Act 51 of 1977). 
The person who reports a crime or lays a complaint with the police. 

Compromise 
An agreement between parties to settle a dispute, often used to resolve debts (as recognised in South African contract law). 
A deal made between people to end a disagreement without going to court. 

Condonation 
A court’s forgiveness for failure to comply with a rule or deadline, granted when good cause is shown (as per Rule 27 of the Uniform Rules of Court and Rule 60 of the Magistrates’ Court Rules). 
When a court allows someone extra time or excuses a missed deadline for a good reason. 

Confession 
A voluntary admission of guilt made by an accused, which must be confirmed before a magistrate or judge to be admissible (as per section 217 of the Criminal Procedure Act 51 of 1977). 
When someone admits in court that they committed the crime. 

Consent to Judgment 
An agreement by a debtor to have judgment entered against them without contest (as permitted under Rule 31(1) of the Uniform Rules of Court and Rule 12 of the Magistrates’ Court Rules). 
When a debtor agrees the creditor can get a court order against them without a fight. 

Constitution 
The supreme law of South Africa, establishing the structure of government and the rights of citizens (Constitution of the Republic of South Africa, 1996). 
The highest law in South Africa that explains how the country is run and what rights people have. 

Contempt of Court 
An act of disrespect or disobedience toward a court or its authority, punishable by fine or imprisonment (as recognised in section 165 of the Constitution and common law). 
When someone disrespects or ignores a court order, risking punishment. 

Contract 
A legally enforceable agreement between two or more parties, requiring consensus, legality, possibility, and performance (as governed by South African common law). 
A written or verbal agreement that the law can enforce. 

Costs Order 
A direction by the court determining which party must pay legal costs incurred in a case (as provided under Rule 33 of the Magistrates’ Court Rules and Rule 70 of the Uniform Rules of Court). 
A court decision saying who must pay the lawyers’ and court costs after a case. 

Creditor 
A person or entity to whom a debt is owed (as defined in the Insolvency Act 24 of 1936). 
Someone who is owed money. 

Cross-Examination 
The questioning of a witness by the opposing party to test the accuracy or credibility of their evidence (as governed by the Law of Evidence Amendment Act 45 of 1988). 
When the other side’s lawyer asks a witness questions to test their story. 

Curator 
A person appointed by the High Court to manage the affairs or property of someone unable to do so themselves (as provided under Rule 57 of the Uniform Rules of Court). 
A person chosen by a court to look after someone’s affairs if they can’t do it themselves. 

D 

Damages 
A monetary award ordered by a court to compensate a person for loss or injury caused by another’s unlawful act (as governed by South African common law of delict). 
Money the court orders someone to pay because their actions caused harm or loss to another person. 

Deed of Sale 
A contract that records the sale of property, outlining the terms, price, and transfer obligations of the parties (as recognised under the Alienation of Land Act 68 of 1981). 
A written agreement that sets out the terms when someone sells property to someone else. 

Default Judgment 
A judgment granted in favour of a plaintiff when the defendant fails to respond or appear in court (as provided under Rule 31 of the Uniform Rules of Court and Rule 12 of the Magistrates’ Court Rules). 
A court decision made against someone because they didn’t show up or reply to a case. 

Defendant 
The person or entity against whom legal proceedings are instituted (as defined in the Uniform Rules of Court). 
The person being sued or accused in a court case. 

Delict 
A wrongful and blameworthy act causing harm to another, for which compensation may be claimed (as established under South African common law). 
When someone unlawfully causes harm or loss to another and must pay for it — similar to a “civil wrong.” 

Demand Letter / Letter of Demand 
A formal notice requiring payment or compliance before legal action is taken (as contemplated in section 56 of the Magistrates’ Courts Act 32 of 1944). 
A letter sent to ask for payment or action before taking someone to court. 

Discovery 
The process in civil proceedings where parties exchange documents and information relevant to their case (as provided for in Rule 35 of the Uniform Rules of Court). 
When both sides in a case share the documents and information they’ll use in court. 

Dismissal 
The act of terminating an employee’s contract, which must be substantively and procedurally fair (as governed by section 188 of the Labour Relations Act 66 of 1995). 
When someone is fired from their job — but it must be fair and follow proper steps. 

Docket 
A collection of documents and evidence compiled by the investigating officer in a criminal case (as used in police and prosecutorial practice under the Criminal Procedure Act 51 of 1977). 
The police file containing all the evidence and paperwork for a criminal case. 

Doctrine of Precedent 
The principle that lower courts must follow the decisions of higher courts to maintain consistency in the law (as recognised in South African common law and judicial practice). 
A rule that says lower courts must follow decisions made by higher courts in similar cases. 

Domestic Violence Order 
A protection order issued to prevent abuse or harassment in domestic relationships (as defined in the Domestic Violence Act 116 of 1998). 
A court order that protects someone from being abused or threatened by a partner or family member. 

E 

Emoluments Attachment Order (EAO) 
A court order directing an employer to deduct money from an employee’s salary to satisfy a debt (as provided in section 65J of the Magistrates’ Courts Act 32 of 1944). 
A court order telling an employer to take money off someone’s pay to settle a debt. 

Endorsement 
An official notation made on a legal document, such as a title deed or cheque, indicating approval, transfer, or acknowledgment (as recognised in commercial practice). 
A written note or stamp on a legal document showing approval, ownership, or transfer. 

Enforcement of Judgment 
The process of carrying out a court’s decision, including attachment and sale of property by the Sheriff (as per Rule 45 of the Uniform Rules of Court and Rule 36 of the Magistrates’ Court Rules). 
Making sure a court order is followed — for example, collecting money or selling assets to pay a debt. 

Equitable Relief 
A remedy granted by a court based on fairness, such as interdicts or specific performance (as recognised in South African common law). 
A court’s fair solution — for example, ordering someone to stop doing something or to do what they promised. 

Estate 
All assets and liabilities belonging to a person, whether living or deceased (as defined in the Administration of Estates Act 66 of 1965). 
Everything a person owns and owes, especially after they pass away. 

Eviction Order 
A court order directing a person to vacate property unlawfully occupied (as regulated by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998). 
A court order forcing someone to move out of a property they’re occupying illegally. 

Evidence 
Information presented to a court to prove or disprove a fact in issue (as regulated by the Law of Evidence Amendment Act 45 of 1988 and common law). 
Information or proof shown in court to support one side’s story. 

Ex Parte Application 
A court application brought by one party without notifying the other, usually in urgent or confidential matters (as provided for in Rule 6(4) of the Uniform Rules of Court). 
An urgent request made to the court without telling the other side, usually for emergencies. 

Examination-in-Chief 
The questioning of a witness by the party who called them to give evidence (as governed by the Law of Evidence Amendment Act 45 of 1988). 
When a lawyer asks questions to their own witness first in court. 

Exclusionary Rule 
A rule preventing unlawfully obtained evidence from being admitted in court if its admission would be unfair (as recognised under section 35(5) of the Constitution of the Republic of South Africa, 1996). 
Evidence obtained illegally — like through an unlawful search — can be excluded from court. 

Execution of Judgment 
The legal process of enforcing a court’s order, including attachment and sale in execution of a debtor’s property (as per Rule 45 of the Uniform Rules of Court). 
Carrying out what the court ordered — for example, collecting money owed or selling property. 

F 

Fair Hearing 
The right of every person to a fair and impartial trial or administrative process (as guaranteed in section 34 of the Constitution of the Republic of South Africa, 1996). 
Everyone’s right to be heard properly and fairly before any decision is made about them. 

Final Order 
A conclusive court order that resolves the matter and is binding unless set aside on appeal or review (as per Rule 42 of the Uniform Rules of Court). 
A court’s final decision that settles the case unless it’s successfully appealed. 

Fixed Property 
Land or immovable property that may be attached or sold in satisfaction of a judgment (as regulated by Rule 46 of the Uniform Rules of Court). 
Land or buildings that can’t be moved — for example, a house or farm. 

Forfeiture Order 
A court order directing that certain property be seized and transferred to the State, typically proceeds of crime (as provided for in the Prevention of Organised Crime Act 121 of 1998). 
A court ruling that property linked to crime must be taken by the State. 

Fraud 
An intentional misrepresentation or deceit resulting in prejudice to another person (as defined in South African criminal law and common law). 
Lying or cheating to gain money or an advantage dishonestly. 

Freehold 
Permanent ownership of immovable property (as recognised under the Deeds Registries Act 47 of 1937). 
Owning land or a house completely and permanently, without paying rent to anyone. 

Full and Final Settlement 
An agreement where a creditor accepts a specific payment as full discharge of a debt (as recognised in South African contract law). 
A deal where someone pays an agreed amount, and the other side agrees the debt is fully settled. 

G 

Garnishee Order 
A court order authorising the attachment of money owed by a third party to a judgment debtor, directing that it be paid to the creditor (as provided in section 72 of the Magistrates’ Courts Act 32 of 1944). 
A court order that tells someone who owes money to a debtor (like an employer or bank) to pay it directly to the creditor instead. 

Good Faith (Bona Fides) 
A principle of honesty, fairness, and reasonableness in the performance and enforcement of contractual and legal obligations (as recognised in South African contract law and common law). 
Acting honestly and fairly when making or carrying out an agreement. 

Goods Sold and Delivered 
A cause of action arising when goods have been delivered to a purchaser but not paid for (as recognised in South African commercial law). 
When someone receives goods but hasn’t paid for them, allowing the seller to claim the money in court. 

Grant of Probate 
A document issued by the Master of the High Court confirming the appointment of an executor to administer a deceased estate (as provided under the Administration of Estates Act 66 of 1965). 
An official paper from the Master giving permission for someone to manage a deceased person’s estate. 

Guarantee 
A written undertaking by one person (the guarantor) to assume responsibility for another’s debt or obligation if that person defaults (as regulated under the General Law Amendment Act 50 of 1956). 
A written promise to pay someone else’s debt if they don’t. 

Guarantor / Surety 
The person who gives a guarantee or suretyship for another’s debt (as provided for in section 6 of the General Law Amendment Act 50 of 1956). 
The person who agrees to take on someone else’s debt if they fail to pay it.

H 

Harassment Order (Protection Order) 
A court order prohibiting harassment, intimidation, or stalking of another person (as defined in the Protection from Harassment Act 17 of 2011). 
A court order that protects someone from being threatened, followed, or harassed. 

Hearing 
A judicial or administrative session where evidence and argument are presented before a magistrate, judge, or tribunal (as recognised in the Superior Courts Act 10 of 2013 and section 34 of the Constitution of the Republic of South Africa, 1996). 
A formal court or tribunal session where both sides explain their case and present evidence. 

Heir 
A person entitled by law or by will to inherit part or all of a deceased estate (as regulated by the Administration of Estates Act 66 of 1965 and the Intestate Succession Act 81 of 1987). 
Someone who receives property or money when a person dies. 

High Court 
A division of the judiciary with jurisdiction over civil and criminal matters exceeding the monetary and sentencing limits of the Magistrates’ Courts (as established under the Superior Courts Act 10 of 2013). 
A major court that hears serious criminal and civil cases and appeals from the lower courts. 

Homicide 
The unlawful killing of a human being by another (as defined in South African common law). 
When one person unlawfully causes the death of another. 

Hypothec 
A creditor’s real right over a debtor’s property that serves as security for a debt, such as a landlord’s tacit hypothec over a tenant’s movables (as recognised under South African common law). 
A legal right that lets a creditor claim or hold property as security for unpaid debt. 

I 

Immovable Property 
Land or any permanent structure attached to it, including rights associated with ownership or occupation (as defined in the Deeds Registries Act 47 of 1937). 
Property that can’t be moved, such as land, houses, or buildings. 

In Camera 
A hearing conducted privately, excluding the public, typically in sensitive matters such as family or minor-related cases (as permitted under section 153 of the Criminal Procedure Act 51 of 1977 and section 32 of the Children’s Act 38 of 2005). 
A private court session held behind closed doors to protect confidentiality or privacy. 

In Duplum Rule 
A rule that interest on a debt stops accruing once the unpaid interest equals the outstanding capital amount (as provided in section 103(5) of the National Credit Act 34 of 2005). 
A rule that limits interest so it can’t grow to more than the original amount owed. 

Injunction / Interdict 
A court order preventing a person from doing something or compelling them to act in a particular way (as governed by the Uniform Rules of Court and recognised under South African common law). 
A legal order telling someone to stop doing something or to take a specific action. 

Inquest 
A judicial inquiry conducted to determine the cause of a person’s death in cases of suspected unnatural causes (as provided under the Inquests Act 58 of 1959). 
An official investigation to find out how someone died when it wasn’t from natural causes. 

Insolvency 
The condition of being unable to pay debts as they fall due, or having liabilities exceeding assets (as governed by the Insolvency Act 24 of 1936). 
When a person or business can’t pay their debts. 

Insolvent Estate 
An estate that has been sequestrated due to the debtor’s inability to meet financial obligations (as defined in section 2 of the Insolvency Act 24 of 1936). 
All the property and debts belonging to someone who has been declared insolvent. 

Inspection in Loco 
A visit by the court or presiding officer to a location relevant to a case to better understand the evidence (as recognised in South African court practice). 
When a judge or magistrate goes to the actual place involved in a case to see it for themselves. 

Instrument 
A formal legal document that records rights, duties, or transactions, such as a contract or deed (as recognised in South African statutory and commercial law). 
A written document that has legal force, like a contract, bond, or agreement. 

Intellectual Property (IP) 
Creations of the mind protected by law, including trademarks, patents, designs, and copyright (as provided under the Copyright Act 98 of 1978, Patents Act 57 of 1978, and Trade Marks Act 194 of 1993). 
Ideas, inventions, or creative works that belong to someone and are protected by law. 

Interdict 
A court order restraining a person from committing an unlawful act or compelling performance of a legal duty (as recognised in South African common law). 
A court order that stops someone from doing something illegal or forces them to do what they’re supposed to. 

Interlocutory Application 
An application made during the course of a case to obtain interim relief or procedural directions (as provided under Rule 6(11) of the Uniform Rules of Court). 
A short-term request made to the court while a bigger case is still ongoing. 

Interrogatories 
Formal written questions one party may serve on another to obtain information relevant to the case (as permitted under Rule 35(1) of the Uniform Rules of Court). 
Written questions one side in a case sends to the other to get facts before trial. 

Intestate Succession 
Inheritance that occurs when a person dies without leaving a valid will, where distribution follows statutory rules (as set out in the Intestate Succession Act 81 of 1987). 
When someone dies without a will, and the law decides how their property is divided among family members. 

Investigation 
The process of gathering evidence or facts relevant to a case, conducted by police or regulatory authorities (as defined under the Criminal Procedure Act 51 of 1977 and related statutes). 
When the police or authorities collect information and evidence to find out what happened. 

Irregular Proceedings 
Court procedures not in compliance with prescribed rules, which may be set aside by application (as per Rule 60 of the Magistrates’ Court Rules and Rule 30 of the Uniform Rules of Court). 
A legal process that didn’t follow the proper rules and can be corrected or cancelled by the court. 

J 

Joinder 
The inclusion of additional parties to existing legal proceedings, either as plaintiffs or defendants, when their rights or obligations are directly affected by the outcome (as provided under Rule 10 of the Uniform Rules of Court and Rule 28 of the Magistrates’ Court Rules). 
When extra people are added to a case because the outcome will affect them too. 

Joint Ownership 
A legal arrangement where two or more persons share ownership of the same property, each having an undivided share (as recognised in South African property law). 
When two or more people own the same property together. 

Joint and Several Liability 
A form of liability where two or more persons are each individually responsible for the entire debt or obligation (as recognised in South African contract and delict law). 
When two or more people owe the same debt, and each can be made to pay all of it. 

Judgment 
A final decision or order handed down by a court determining the rights and obligations of the parties (as provided under Rule 42 of the Uniform Rules of Court and Rule 49 of the Magistrates’ Court Rules). 
The official decision or ruling a court makes to end a case. 

Judgment Creditor 
A person or entity in whose favour a court judgment has been granted, entitling them to enforce payment (as recognised in the Magistrates’ Courts Act 32 of 1944). 
The person who has won a court case and is owed money. 

Judgment Debtor 
A person or entity against whom a court judgment has been made, requiring payment or performance (as defined in section 65A of the Magistrates’ Courts Act 32 of 1944). 
The person who has lost a case and must pay money or do what the court ordered. 

Judicial Review 
The process by which a court examines the lawfulness of a decision or action taken by a public authority (as provided under the Promotion of Administrative Justice Act 3 of 2000). 
When a court checks if a government decision was fair, lawful, and reasonable. 

Jurisdiction 
The legal authority of a court to hear and determine a case, based on subject matter, geographic area, or monetary value (as defined in sections 28 and 45 of the Magistrates’ Courts Act 32 of 1944 and section 21 of the Superior Courts Act 10 of 2013). 
The power a court has to deal with a case, depending on where it happened and what it’s about. 

Just Cause 
A lawful and reasonable ground or justification for an action, especially in employment disputes or contract termination (as recognised in the Labour Relations Act 66 of 1995 and South African common law). 
A fair and valid reason for doing something, such as firing an employee or ending a contract. 

K 

Knowledge of Debt 
The awareness by a creditor of the existence of a debt, which determines when prescription begins to run (as defined in section 12 of the Prescription Act 68 of 1969). 
When a person knows someone owes them money — the clock for how long they can claim it starts running then. 

KwaZulu-Natal Division 
One of the divisions of the High Court of South Africa, with jurisdiction over matters arising in the KwaZulu-Natal Province (as established under the Superior Courts Act 10 of 2013). 
The branch of the High Court that deals with cases from the KwaZulu-Natal region.

L 

Laches (Delay in Enforcement) 
A legal principle barring a claim where there has been unreasonable delay in asserting a right, to the prejudice of another party (as recognised in South African equity and common law). 
When someone waits too long to take legal action, making it unfair to the other side. 

Law of Contract 
The body of law governing agreements between parties and the enforceability of promises (as developed under South African common law and statutory provisions). 
The rules that control how agreements are made and enforced. 

Law of Delict 
The branch of law governing compensation for harm caused by one person’s wrongful act or omission (as developed under South African common law). 
The law that decides when someone must pay for damage they caused to another person. 

Lease Agreement 
A contract under which one party (the lessor) grants another (the lessee) the right to use property for a specified period in exchange for payment (as governed by South African common law and, in certain instances, the Consumer Protection Act 68 of 2008). 
An agreement where someone rents property, like a flat or office, for a set time and price. 

Leave to Appeal 
Permission granted by a court to appeal against its judgment or order (as provided under section 17 of the Superior Courts Act 10 of 2013 and Rule 49(1)(b) of the Uniform Rules of Court). 
The court’s approval to take a case to a higher court for review. 

Legal Aid 
Assistance provided to individuals who cannot afford legal representation, administered by Legal Aid South Africa (as established under the Legal Aid South Africa Act 39 of 2014). 
Free or affordable legal help for people who can’t pay for their own lawyer. 

Legal Counsel 
An attorney or advocate qualified to provide legal advice and represent clients in court (as regulated by the Legal Practice Act 28 of 2014). 
A lawyer who gives advice or speaks for you in legal matters. 

Legal Costs 
The expenses incurred in pursuing or defending a legal matter, recoverable as per court tariff (as governed by Rule 70 of the Uniform Rules of Court and Rule 33 of the Magistrates’ Court Rules). 
The money spent on lawyers and court fees during a case. 

Legal Personality 
The status of an entity as a legal person capable of owning property, entering contracts, and suing or being sued (as recognised under South African company and trust law). 
When a business or organisation is treated as a person in law and can make its own contracts or be sued. 

Legislation 
Laws enacted by Parliament or a provincial legislature (as provided under Chapter 4 of the Constitution of the Republic of South Africa, 1996). 
Official laws passed by the government. 

Letters of Authority 
A document issued by the Master of the High Court authorising a representative to administer a deceased estate of limited value (as defined in the Administration of Estates Act 66 of 1965). 
Permission from the Master allowing someone to manage a small estate after someone dies. 

Letters of Executorship 
A document issued by the Master of the High Court confirming the appointment of an executor to administer a deceased estate (as provided under section 14 of the Administration of Estates Act 66 of 1965). 
Official papers allowing someone to handle and distribute a deceased person’s property. 

Lien 
A right of retention over property belonging to another until a debt is paid or obligation performed (as recognised under South African common law). 
The right to hold onto someone’s goods until they pay what they owe. 

Liquidation 
The winding-up of a company or close corporation that is unable to pay its debts, resulting in the appointment of a liquidator to realise assets and distribute proceeds (as governed by the Companies Act 71 of 2008 and Close Corporations Act 69 of 1984). 
When a business closes down because it can’t pay its debts, and its property is sold to repay creditors. 

Liquidator 
A person appointed to administer and wind up the affairs of a company or close corporation in liquidation (as provided under section 375 of the Companies Act 61 of 1973, read with the Companies Act 71 of 2008). 
The person who handles selling off a company’s assets and paying its debts when it shuts down. 

Lis Pendens 
A legal term referring to a matter already pending before a court between the same parties on the same issue, which prevents duplication of proceedings (as recognised in South African procedural law). 
A case that’s already in court, stopping anyone from starting the same case again elsewhere. 

Litigant 
Any person or entity who is a party to a legal proceeding — either plaintiff, defendant, applicant, or respondent (as recognised under the Uniform Rules of Court). 
A person or company involved in a court case. 

Litigation 
The process of taking legal action or resolving disputes through the courts (as recognised under the Uniform Rules of Court and Superior Courts Act 10 of 2013). 
The act of suing or being sued in court. 

Locus Standi 
The legal capacity or standing to bring or defend a legal action (as recognised in section 38 of the Constitution of the Republic of South Africa, 1996, and South African common law). 
Having the right or authority to take a case to court. 

Long Title (of an Act) 
The introductory section of an Act of Parliament describing the scope, objectives, and purpose of the legislation (as used in legislative drafting under South African parliamentary procedure). 
The part at the start of a law that explains what the law is about and what it aims to do. 

M 

Magistrates’ Court 
A lower court established to handle civil and criminal matters within specific monetary and sentencing limits (as provided in the Magistrates’ Courts Act 32 of 1944). 
A local court that deals with smaller cases and less serious crimes. 

Maintenance Order 
A court order requiring one person to provide financial support to another, usually a spouse, former spouse, or child (as regulated by the Maintenance Act 99 of 1998). 
A court instruction that someone must pay money regularly to support their child or former partner. 

Mandate 
An agreement authorising one person (the mandatary) to perform a lawful act on behalf of another (the mandator) (as recognised in South African contract law). 
When you give someone permission to act or make decisions for you. 

Mediation 
A voluntary process where an independent third party assists disputing parties in reaching a mutually acceptable resolution (as provided under Rule 41A of the Uniform Rules of Court and recognised by the Mediation in Certain Divorce Matters Act 24 of 1987). 
A discussion led by a neutral person who helps both sides reach an agreement without going to court. 

Mens Rea 
A Latin term meaning “guilty mind,” referring to the intent or knowledge of wrongdoing required for criminal liability (as recognised in South African criminal law). 
The guilty state of mind needed before someone can be found guilty of a crime. 

Minor 
A person under the age of 18 years, lacking full legal capacity unless assisted by a parent or guardian (as defined in section 17 of the Children’s Act 38 of 2005). 
A person younger than 18 who can’t make all legal decisions without adult help. 

Mitigating Circumstances 
Facts or factors presented to lessen the severity of a sentence or penalty (as recognised in the Criminal Procedure Act 51 of 1977). 
Reasons or facts that can help reduce the punishment for a crime. 

Mortgage Bond 
A registered document giving a creditor (usually a bank) security over immovable property for a loan (as regulated by the Deeds Registries Act 47 of 1937). 
A legal document that gives a bank rights over your house or land when you take a loan. 

Movable Property 
Any property that can be physically moved, such as vehicles, furniture, or stock (as recognised under South African property law). 
Things you own that can be moved, like cars, furniture, or tools. 

Municipal By-law 
A rule made by a municipality to regulate activities within its jurisdiction (as authorised by the Local Government: Municipal Systems Act 32 of 2000). 
A local rule made by a city or town to control things like building, business hours, or noise. 

N 

National Credit Regulator (NCR) 
The authority responsible for regulating the credit industry and ensuring compliance with the National Credit Act 34 of 2005. 
The organisation that makes sure lenders and credit providers follow the rules when giving loans. 

Negligence 
The failure to exercise the care that a reasonable person would under similar circumstances, resulting in harm or loss to another (as defined under South African delictual law). 
When someone doesn’t take proper care and causes damage or injury to another person. 

Negotiable Instrument 
A written document guaranteeing payment of a specific amount of money, such as a cheque or promissory note, transferable from one person to another (as governed by the Bills of Exchange Act 34 of 1964). 
A document like a cheque that can be passed on and used to claim money. 

Nominee 
A person appointed to act on behalf of another, often in managing property or investments (as recognised in South African company and trust law). 
Someone officially named to act for another person in managing money or property. 

Non-Disclosure 
Failure to reveal material information when required by law or contract (as recognised in South African contract and insurance law). 
When someone hides or fails to share important information they were supposed to give. 

Notary Public 
A legal practitioner admitted and authorised to attest and certify documents, administer oaths, and draft notarial deeds (as regulated under the Legal Practice Act 28 of 2014). 
A special type of lawyer who signs and certifies official documents to make them legally valid. 

Notice of Appeal 
A formal document lodged by a party seeking to challenge a court’s decision in a higher court (as provided under Rule 49(1)(b) of the Uniform Rules of Court and section 17 of the Superior Courts Act 10 of 2013). 
The official paper you file to tell the court you’re appealing a decision. 

Notice of Motion 
A written document initiating application proceedings in court, supported by an affidavit setting out the facts (as provided under Rule 6 of the Uniform Rules of Court). 
A formal notice used to start a case in court when you’re asking for a specific order. 

Nuisance 
An unlawful interference with another’s use or enjoyment of land or property (as recognised under South African delict and property law). 
When someone’s actions or property make it difficult for you to use or enjoy your own property. 

Nulla Bona Return 
A report filed by the Sheriff indicating that the judgment debtor has no attachable property (as provided in Rule 36(2) of the Magistrates’ Court Rules). 
A document saying the Sheriff couldn’t find any property to take from the debtor to pay the debt. 

O 

Obligation 
A legal duty to perform or refrain from an act, arising from contract, statute, or operation of law (as recognised under South African common law). 
A responsibility to do something — like paying money or completing work — because of a law or agreement. 

Occupation Order 
A court order granting one person the right to occupy property, often in matrimonial or domestic matters (as recognised in the Domestic Violence Act 116 of 1998). 
A court order allowing someone to stay in a home, usually after family or relationship problems. 

Offence 
Any act or omission that constitutes a crime under South African law (as defined in the Criminal Procedure Act 51 of 1977 and common law). 
Something that breaks the law and is punishable as a crime. 

Offer 
An expression of willingness to enter into a contract on specific terms, which becomes binding when accepted (as recognised in South African contract law). 
A proposal to do business or make a deal that becomes a contract when the other side agrees. 

Ombud / Ombudsman 
An independent official appointed to investigate and resolve complaints against public or private institutions (as established under various statutes, including the Financial Sector Regulation Act 9 of 2017 and the Consumer Protection Act 68 of 2008). 
A neutral person or office that helps settle complaints between customers and organisations. 

Open Court 
A court session open to the public, ensuring transparency and fairness in legal proceedings (as required under section 34 of the Constitution of the Republic of South Africa, 1996). 
A court hearing that anyone can attend to make sure justice is seen to be done. 

Order of Court 
A formal directive or ruling issued by a court, binding on the parties involved (as recognised in the Uniform Rules of Court and Magistrates’ Court Rules). 
An official instruction from a court that must be followed. 

Ordinance 
A law enacted by a provincial or local government prior to the constitutional reforms of 1994, still in force unless repealed (as preserved under Schedule 6 of the Constitution of the Republic of South Africa, 1996). 
An old provincial law that still applies unless it has been replaced. 

Over-Indebtedness 
A situation where a consumer cannot meet all credit obligations as they become due (as defined in section 79 of the National Credit Act 34 of 2005). 
When someone has borrowed too much money and can’t keep up with their repayments. 

Overt Act 
An open action that demonstrates criminal intent, used to establish participation in an offence (as recognised in South African criminal law). 
A clear action showing that someone meant to commit a crime. 

P 

Parole 
The conditional release of a prisoner before the completion of their sentence, subject to supervision and compliance with specific conditions (as regulated under the Correctional Services Act 111 of 1998). 
When a prisoner is allowed to leave jail early but must follow certain rules and be supervised. 

Party 
A person or legal entity directly involved in legal proceedings, either as plaintiff, defendant, applicant, respondent, or intervening party (as recognised in the Uniform Rules of Court). 
Someone who is part of a case — either bringing it or defending it. 

Payment in Full 
The complete settlement of a debt, extinguishing any further obligation (as recognised under South African contract law). 
When you pay everything you owe and don’t have to pay anything more. 

Perjury 
The criminal offence of knowingly giving false evidence under oath in judicial proceedings (as defined in section 319(3) of the Criminal Procedure Act 51 of 1977). 
Lying under oath in court, which is a crime. 

Peremption 
The loss of a right to appeal because of conduct showing acceptance of a judgment (as recognised in South African appellate case law). 
When someone acts as if they accept a court’s decision, so they lose the right to appeal it. 

Petition 
A formal written request to a court or authority asking for a specific order or relief (as recognised in the Uniform Rules of Court). 
A written request asking the court or government to take action on something. 

Plaintiff 
The person who brings a civil action against another, seeking relief from the court (as defined in the Uniform Rules of Court and Rule 5 of the Magistrates’ Court Rules). 
The person who starts a case in court to get money or another remedy. 

Plea 
A formal statement by an accused person responding to criminal charges, indicating whether they admit or deny guilt (as regulated under section 106 of the Criminal Procedure Act 51 of 1977). 
When someone in a criminal case says whether they’re guilty or not guilty. 

Pleadings 
The written documents exchanged by parties in a case that set out their claims, defences, and issues (as provided in Rules 17–25 of the Uniform Rules of Court). 
The formal papers each side files to explain their case and arguments. 

Power of Attorney 
A written authorisation allowing one person to act on behalf of another in legal or financial matters (as recognised under the Deeds Registries Act 47 of 1937). 
A document giving someone permission to handle your affairs or make decisions for you. 

Prescription 
The extinction of a debt or claim after a set period has passed without enforcement (as provided in the Prescription Act 68 of 1969). 
When a debt or right expires because too much time has passed without action. 

Principal Debt 
The original amount owed by a debtor, excluding interest or other charges (as recognised in South African contract law). 
The basic amount of money someone owes before interest or fees are added. 

Privilege 
A right protecting certain communications or documents from being disclosed, such as between lawyer and client (as recognised in the Law of Evidence Amendment Act 45 of 1988). 
When the law lets you keep some information private, like what you tell your lawyer. 

Probation 
A sentence allowing an offender to remain in the community under supervision instead of going to prison (as regulated under the Correctional Services Act 111 of 1998). 
When a convicted person stays out of jail but must follow strict rules and report to a probation officer. 

Property 
Anything capable of ownership, including land, goods, or rights (as recognised under South African property law). 
Anything you can own, such as land, money, or possessions. 

Prosecutor 
A lawyer representing the State in criminal cases, responsible for proving the accused’s guilt (as defined in section 179 of the Constitution and the National Prosecuting Authority Act 32 of 1998). 
The government lawyer who brings criminal cases to court. 

Provisional Sentence 
A summary procedure allowing a creditor with a liquid document to get judgment quickly unless the debtor gives security (as provided in Rule 8 of the Uniform Rules of Court). 
A faster way for someone owed money on a written promise to get paid, unless the debtor can prove otherwise. 

Q 

Quantum 
The amount of damages or compensation awarded by a court (as recognised in South African civil procedure). 
The amount of money a court decides must be paid as compensation. 

Quorum 
The minimum number of members needed for a meeting or court to be validly constituted (as recognised in the Superior Courts Act 10 of 2013 and Companies Act 71 of 2008). 
The smallest number of people who must be present for a meeting or court session to proceed. 

R 

Real Rights 
Rights attached to property that can be enforced against anyone, such as ownership or a mortgage (as recognised under South African property law). 
Legal rights you have over something you own, which others must respect. 

Rebuttal Evidence 
Evidence presented to disprove or challenge the other side’s evidence (as recognised under the South African law of evidence). 
Information or proof used to counter what the other side said in court. 

Receipt 
A written acknowledgment that money or goods have been received (as recognised under South African commercial law). 
A written note proving you paid for something or received goods or money. 

Recognition Agreement 
A contract between an employer and a trade union establishing collective bargaining rights (as provided in section 21 of the Labour Relations Act 66 of 1995). 
An agreement giving a union the right to speak and negotiate for workers. 

Rehabilitation 
The legal process by which an insolvent person is freed from the restrictions of insolvency and regains full legal capacity (as governed by section 124 of the Insolvency Act 24 of 1936). 
When someone declared insolvent is officially cleared and can again own property or borrow money. 

Reinstatement 
An order restoring an employee to their job after unfair dismissal (as provided in section 193 of the Labour Relations Act 66 of 1995). 
When a worker gets their job back after being unfairly fired. 

Remedy 
A legal way to enforce a right or fix a wrong, such as damages, interdict, or specific performance (as recognised under South African common law). 
The legal solution the court gives to correct a problem or harm. 

Reply (Replication) 
A pleading by the plaintiff answering the defendant’s plea (as provided in Rule 25 of the Uniform Rules of Court). 
A written response the plaintiff files to address what the defendant said in court papers. 

Representative 
A person lawfully authorised to act for another, such as an executor or curator (as recognised in the Administration of Estates Act 66 of 1965 and Trust Property Control Act 57 of 1988). 
Someone legally appointed to act for another person or estate. 

Rescission of Judgment 
The cancellation of a judgment made in error or without proper notice (as provided in Rule 42 of the Uniform Rules of Court and Rule 49 of the Magistrates’ Court Rules). 
When a court cancels or withdraws a judgment because it was made unfairly or by mistake. 

Reservation of Rights 
A statement declaring that a person is not giving up any legal rights, even while cooperating or negotiating (as recognised in South African commercial practice). 
A way of saying you’re keeping your legal options open, even if you agree to talk or settle. 

Restitution 
Returning parties to the position they were in before a contract or event, usually after cancellation (as recognised under South African common law). 
Putting everyone back in the position they were in before a deal went wrong. 

Restriction Order 
A court order limiting someone’s behaviour, often to protect others or preserve assets (as provided in the Protection from Harassment Act 17 of 2011 and Insolvency Act 24 of 1936). 
A court instruction that restricts what a person can do, often to protect someone else. 

Retention of Title 
A clause in a contract where ownership of goods stays with the seller until full payment is made (as recognised under South African commercial law). 
A rule in a sale agreement saying the buyer doesn’t own the goods until they’re fully paid for. 

Review 
The process by which a higher court checks the legality or fairness of a lower court or authority’s decision (as governed by the Promotion of Administrative Justice Act 3 of 2000). 
When a higher court looks at whether a lower court or government body made a fair and lawful decision. 

Right of Appearance 
The authority granted to legal practitioners to represent clients in court (as regulated under the Legal Practice Act 28 of 2014). 
When a lawyer is officially allowed to speak and act in court on behalf of a client. 

Rule Nisi 
A temporary court order that becomes permanent unless someone shows good cause why it shouldn’t (as provided in Rule 6(12)(c) of the Uniform Rules of Court). 
A court order that will take full effect unless the other side goes to court to challenge it. 

S 

Sale in Execution 
The sale of a debtor’s property by the Sheriff to satisfy a judgment debt (as regulated under Rule 46 of the Uniform Rules of Court and Rule 43 of the Magistrates’ Court Rules). 
When the Sheriff sells someone’s property by court order to pay off a debt. 

Sanction 
A penalty or corrective measure imposed for non-compliance with a law, regulation, or court order (as recognised under South African criminal and administrative law). 
A punishment or consequence for breaking a law or court order. 

Seizure 
The act of taking possession of property by lawful authority, such as during execution or search (as authorised under the Criminal Procedure Act 51 of 1977). 
When officials or the police take property because of a court order or investigation. 

Sentence 
The punishment imposed by a court after a criminal conviction (as regulated under the Criminal Procedure Act 51 of 1977). 
The penalty or punishment a judge gives after someone is found guilty of a crime. 

Sequestration 
The legal process by which an insolvent individual’s estate is placed under control of a trustee for distribution to creditors (as governed by the Insolvency Act 24 of 1936). 
When a person who can’t pay their debts has their property sold and the money shared among creditors. 

Servitude 
A registered right over another person’s property, such as a right of way or right to draw water (as recognised under South African property law). 
A legal right that allows someone to use part of another person’s land, like a pathway. 

Settlement Agreement 
A contract resolving a dispute between parties without further court proceedings (as recognised in South African civil and labour law). 
A written agreement where people in a dispute decide to settle things without going to court. 

Sheriff 
An officer of the court responsible for serving legal documents, enforcing judgments, and executing court orders (as defined in the Sheriffs Act 90 of 1986). 
The official who delivers court papers and makes sure court orders are carried out. 

Signature 
A handwritten or electronic mark indicating a person’s approval or consent (as recognised under the Electronic Communications and Transactions Act 25 of 2002). 
Your written or digital name showing agreement or approval of a document. 

Simple Summons 
A court document used to claim a debt or liquidated amount without requiring detailed particulars (as provided under Rule 5 of the Magistrates’ Court Rules). 
A straightforward court form used to demand a fixed amount of money owed. 

Specific Performance 
A court order compelling a party to perform exactly as promised under a contract (as recognised under South African contract law). 
When the court orders someone to do what they agreed to do in a contract instead of just paying damages. 

Statute of Limitations (Prescription Period) 
The legal time limit within which a claim must be brought before it expires (as provided in the Prescription Act 68 of 1969). 
The time period after which you can no longer take someone to court for a claim. 

Subpoena 
A written order requiring someone to appear in court or produce documents (as regulated under sections 179–186 of the Criminal Procedure Act 51 of 1977). 
A court order telling someone to come to court or bring documents as evidence. 

Summons 
A formal document issued by a court to notify a defendant of legal action and requiring their response (as governed by Rule 17 of the Uniform Rules of Court and Rule 5 of the Magistrates’ Court Rules). 
An official court paper telling someone they are being sued and must reply. 

Suretyship 
A contract in which one person agrees to be responsible for another’s debt or obligation if that person fails to pay (as provided under section 6 of the General Law Amendment Act 50 of 1956). 
A written promise to pay someone else’s debt if they don’t. 

Suspended Sentence 
A sentence that is postponed on condition that the offender does not commit another offence within a specified period (as authorised under the Criminal Procedure Act 51 of 1977). 
A punishment that only takes effect if the person commits another crime within a set time. 

T 

Tenant 
A person who occupies land or property rented from a landlord under a lease agreement (as recognised under South African property and contract law). 
Someone who rents and lives in or uses another person’s property. 

Testament (Will) 
A legal document stating how a person’s property must be distributed after their death (as regulated by the Wills Act 7 of 1953). 
A written document showing who gets your property when you die. 

Tort (Delict) 
A civil wrong causing harm or loss to another person, entitling the injured party to compensation (as recognised under South African common law). 
When someone unlawfully causes you harm or damage and you can claim money from them. 

Trust 
A legal arrangement where a trustee holds property for the benefit of others (as governed by the Trust Property Control Act 57 of 1988). 
A setup where someone manages property or money for other people’s benefit. 

Trustee 
A person appointed to manage property held in trust, or to administer an insolvent estate (as defined in the Trust Property Control Act 57 of 1988 and Insolvency Act 24 of 1936). 
Someone legally in charge of managing assets or money for others. 

U 

Ultra Vires 
An act performed beyond the legal power or authority of a person or entity (as recognised under South African administrative and company law). 
When someone or an organisation does something the law doesn’t allow them to do. 

Undertaking 
A formal promise or assurance, often given to a court, to perform or refrain from an act (as recognised under South African legal practice). 
A promise made to a court or person to do or not do something. 

Unfair Dismissal 
The termination of an employee’s contract without a fair reason or procedure (as defined in section 187 of the Labour Relations Act 66 of 1995). 
When an employee is fired unfairly or without following the right steps. 

Unlawful Arrest 
An arrest carried out without proper legal grounds or procedure (as prohibited under section 12 of the Constitution of the Republic of South Africa, 1996). 
When someone is taken into custody illegally or without reason. 

Usury 
Charging excessive or unlawful interest on a loan (as regulated under the National Credit Act 34 of 2005). 
When someone lends money and demands unreasonably high interest. 

V 

Verdict 
The decision of a court or jury determining the outcome of a criminal or civil case (as recognised under South African law of procedure). 
The final decision or finding in a court case. 

Vesting 
The point at which a right or interest becomes legally enforceable or complete (as recognised under South African property and trust law). 
When a right or benefit officially becomes yours. 

Void Contract 
A contract with no legal effect from the start, usually due to illegality or lack of essential elements (as recognised under South African contract law). 
An agreement that was never legally valid. 

Voidable Contract 
A contract that is valid until cancelled by one of the parties due to a defect like misrepresentation (as recognised under South African contract law). 
A deal that’s legal now but can be cancelled if one side was misled or treated unfairly. 

W 

Warrant of Arrest 
A written order issued by a magistrate or judge authorising the police to arrest a specific person (as provided under the Criminal Procedure Act 51 of 1977). 
A court document giving the police permission to arrest someone. 

Warranty 
A contractual promise that certain facts or conditions are true, often in sale or service agreements (as recognised under South African contract law). 
A guarantee in a contract that something meets certain conditions or standards. 

Will 
A legal document expressing a person’s wishes about how their property should be distributed after death (as regulated by the Wills Act 7 of 1953). 
A written statement of who should get your property when you die. 

Without Prejudice 
A term used in legal communication indicating that statements made cannot be used as evidence if settlement negotiations fail (as recognised in South African legal practice). 
When you make an offer or comment in settlement talks that can’t be used against you later in court. 

Witness 
A person who gives testimony or evidence under oath in court (as regulated under the Law of Evidence Amendment Act 45 of 1988). 
Someone who tells the court what they saw, heard, or know about a case. 

Writ of Execution 
A court order directing the Sheriff to attach and sell a debtor’s property to enforce a judgment (as provided under Rule 45 of the Uniform Rules of Court). 
A court instruction allowing the Sheriff to take and sell property to pay a debt. 

X 

Y 

Z 

Zoning 
The division of land into areas for specific uses, such as residential, commercial, or industrial (as regulated by the Spatial Planning and Land Use Management Act 16 of 2013). 
Government rules that say how different areas of land can be used — for homes, shops, or factories.