Glossary

Glossary of legal terms

Plain-language definitions of the legal and practice management terms used in firms every day — written for practitioners, support staff and clients alike.

Accused: A person charged with a criminal offence in a South African court of law.In simple termsSomeone 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 termsSomething 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 termsPaying 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 termsA 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 termsWays 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 termsAsking 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 termsThe 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 termsA 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 termsWhen 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 termsWhen 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 termsA 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 termsA court-ordered auction where someone’s property is sold to pay off a debt.

Bail: The temporary release of an accused person awaiting trial, usually upon payment of money to ensure their attendance in court.In simple termsMoney 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 termsA 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 termsThe 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 termsA 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 termsWhen 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 termsThe 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 termsA rule made by a city or town council to control things like noise, parking, or building.

Case Law: Law developed through judicial decisions rather than legislation, forming part of South Africa’s common law.In simple termsCourt 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 termsWhen 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 termsA 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 termsClues 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 termsA 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 termsA 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 termsThe 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 termsThe 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 termsA 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 termsWhen 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 termsWhen 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 termsWhen 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 termsThe 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 termsWhen 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 termsA 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 termsA 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 termsSomeone 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 termsWhen 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 termsA person chosen by a court to look after someone’s affairs if they can’t do it themselves.ries.

Damages: A monetary award ordered by a court to compensate a person for loss or injury caused by another’s unlawful act.In simple termsMoney 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 termsA 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 termsA 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 termsThe 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 termsWhen 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 termsA 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 termsWhen 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 termsWhen 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 termsThe 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 termsA 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 termsA court order that protects someone from being abused or threatened by a partner or family member.

Emoluments Attachment Order (EAO): A court order directing an employer to deduct money from an employee’s salary to satisfy a debt.In simple termsA 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 termsA 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 termsMaking 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 termsA 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 termsEverything 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 termsA 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 termsInformation 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 termsAn 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 termsWhen 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 termsEvidence 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 termsCarrying out what the court ordered — for example, collecting money owed or selling property.

Fair Hearing: The right of every person to a fair and impartial trial or administrative process.In simple termsEveryone’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 termsA 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 termsLand 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 termsA 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 termsLying or cheating to gain money or an advantage dishonestly.
Freehold: Permanent ownership of immovable property.In simple termsOwning 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 termsA deal where someone pays an agreed amount, and the other side agrees the debt is fully settled.

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 termsA 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 termsActing 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 termsWhen 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 termsAn 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 termsA 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 termsThe person who agrees to take on someone else’s debt if they fail to pay it.

Harassment Order (Protection Order): A court order prohibiting harassment, intimidation, or stalking of another person.In simple termsA 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 termsA 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 termsSomeone 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 termsA 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 termsWhen 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 termsA legal right that lets a creditor claim or hold property as security for unpaid debt.

Immovable Property: Land or any permanent structure attached to it, including rights associated with ownership or occupation.In simple termsProperty 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 termsA 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 termsA 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 termsA 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 termsAn 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 termsWhen 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 termsAll 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 termsWhen 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 termsA 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 termsIdeas, 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 termsA 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 termsA 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 termsWritten 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 termsWhen 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 termsWhen 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 termsA legal process that didn’t follow the proper rules and can be corrected or cancelled by the court.

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 termsWhen extra people are added to a case because the outcome will affect them too.
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 termsWhen two or more people owe the same debt, and each can be made to pay all of it.
Joint Ownership: A legal arrangement where two or more persons share ownership of the same property, each having an undivided share.In simple termsWhen two or more people own the same property together.
Judgment: A final decision or order handed down by a court determining the rights and obligations of the parties.In simple termsThe 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 termsThe 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 termsThe 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 termsWhen 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 termsThe 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 termsA fair and valid reason for doing something, such as firing an employee or ending a contract.

Knowledge of Debt: The awareness by a creditor of the existence of a debt, which determines when prescription begins to run.In simple termsWhen 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 termsThe branch of the High Court that deals with cases from the KwaZulu-Natal region.

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 termsWhen 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 termsThe 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 termsThe 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 termsAn 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 termsThe 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 termsFree or affordable legal help for people who can’t pay for their own lawyer.
Legal Costs: The expenses incurred in pursuing or defending a legal matter, recoverable as per court tariff.In simple termsThe money spent on lawyers and court fees during a case.
Legal Counsel: An attorney or advocate qualified to provide legal advice and represent clients.In simple termsA lawyer who gives advice or speaks for you in legal matters.
Legal Personality: The status of an entity as a legal person capable of owning property, entering contracts, and suing or being sued.In simple termsWhen 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 termsOfficial 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 termsPermission 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 termsOfficial 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 termsThe 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 termsWhen 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 termsThe 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 termsA 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 termsA person or company involved in a court case.
Litigation: The process of taking legal action or resolving disputes through the courts.In simple termsThe act of suing or being sued in court.
Locus Standi: The legal capacity or standing to bring or defend a legal action.In simple termsHaving 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 termsThe part at the start of a law that explains what the law is about and what it aims to do.

Magistrates’ Court: A lower court established to handle civil and criminal matters within specific monetary and sentencing limits.In simple termsA 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 termsA 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 termsWhen 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 termsA 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 termsThe 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 termsA 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 termsReasons 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 termsA 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 termsThings 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 termsA local rule made by a city or town council to control things like building, business hours, or noise.

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 termsThe 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 termsWhen 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 termsA 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 termsSomeone 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 termsWhen 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 termsA 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 termsThe 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 termsA 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 termsWhen 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 termsA document saying the Sheriff couldn’t find any property to take from the debtor to pay the debt.

Obligation: A legal duty to perform or refrain from an act, arising from contract, statute, or operation of law.In simple termsA 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 termsA 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 termsSomething 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 termsA 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 termsA 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 termsA 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 termsAn 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 termsAn 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 termsWhen 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 termsA clear action showing that someone meant to commit a crime.

Parole: The conditional release of a prisoner before the completion of their sentence, subject to supervision and compliance with specific conditions.In simple termsWhen 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 termsSomeone 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 termsWhen you pay everything you owe and don’t have to pay anything more.
Peremption: The loss of a right to appeal because of conduct showing acceptance of a judgment.In simple termsWhen someone acts as if they accept a court’s decision, so they lose the right to appeal it.
Perjury: The criminal offence of knowingly giving false evidence under oath in judicial proceedings.In simple termsLying under oath in court, which is a crime.
Petition: A formal written request to a court or authority asking for a specific order or relief.In simple termsA 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 termsThe 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 termsWhen 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 termsThe 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 termsA 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 termsWhen 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 termsThe 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 termsWhen 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 termsWhen 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 termsAnything 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 termsThe 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 termsA faster way for someone owed money on a written promise to get paid, unless the debtor can prove otherwise.

Quantum: The amount of damages or compensation awarded by a court.In simple termsThe 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 termsThe smallest number of people who must be present for a meeting or court session to proceed.

Real Rights: Rights attached to property that can be enforced against anyone, such as ownership or a mortgage.In simple termsLegal 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 termsInformation 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 termsA 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 termsAn 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 termsWhen 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 termsWhen 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 termsThe 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 termsA 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 termsSomeone 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 termsWhen 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 termsA 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 termsPutting 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 termsA 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 termsA 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 termsWhen 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 termsWhen 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 termsA court order that will take full effect unless the other side goes to court to challenge it.

Sale in Execution: The sale of a debtor’s property by the Sheriff to satisfy a judgment debt.In simple termsWhen 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 termsA 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 termsWhen 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 termsThe 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 termsWhen 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 termsA 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 termsA 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 termsThe 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 termsYour 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 termsA 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 termsWhen 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 termsThe 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 termsA 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 termsAn 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 termsA 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 termsA punishment that only takes effect if the person commits another crime within a set time.

Tenant: A person who occupies land or property rented from a landlord under a lease agreement.In simple termsSomeone 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 termsA 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 termsWhen 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 termsA 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 termsSomeone legally in charge of managing assets or money for others.

Ultra Vires: An act performed beyond the legal power or authority of a person or entity.In simple termsWhen 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 termsA 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 termsWhen 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 termsWhen someone is taken into custody illegally or without reason.
Usury: Charging excessive or unlawful interest on a loan.In simple termsWhen someone lends money and demands unreasonably high interest.

Verdict: The decision of a court or jury determining the outcome of a criminal or civil case.In simple termsThe final decision or finding in a court case.
Vesting: The point at which a right or interest becomes legally enforceable or complete.In simple termsWhen 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 termsAn 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 termsA deal that’s legal now but can be cancelled if one side was misled or treated unfairly.

Warrant of Arrest: A written order issued by a magistrate or judge authorising the police to arrest a specific person.In simple termsA 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 termsA 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 termsA 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 termsWhen 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 termsSomeone 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 termsA court instruction allowing the Sheriff to take and sell property to pay a debt.

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

Looking for something else? See the Glossary of Debt Collection Terms.

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