Small Claims Court vs Magistrate’s Court: Which One’s Right for Your Case?

When a dispute turns serious enough to head to court, one of your first decisions can make all the difference: where to take your case. In South Africa, most civil disputes end up in either the Small Claims Court (SCC) or the Magistrate’s Court. Both are designed to make justice accessible, but they operate very […]

How a Latin Phrase Affected a Recent Property Dispute Case

In essence, the Latin phrase nec vi, nec clam, nec precario translates to “without force, without secrecy, and without permission”. According to the Prescription Act, a person can become the owner of property through prescription if they have possessed it openly as the owner for an uninterrupted period of 30 years, or for a period […]

Mediation vs Arbitration: What Is the Difference? PART 2

As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full […]

Domicilium citandi et executandi in South African Law

How is it possible that someone can obtain judgment against me, without my knowledge of any summons issued against me or a court date to state my side of the story? Well, in our law this could happen if you agreed to a domicilium address without notifying other parties about a change therein when you […]

Arbitration series – Part one: What is arbitration?

Arbitration is one of a few dispute resolution mechanisms which include conciliation (negotiation), mediation, and litigation. It is regulated by the Arbitration Act 47 of 1965 (“the Act”) as amended. The Act does not provide for a definition of arbitration. Butler and Finsen in their book, Arbitration in South Africa Law and Practice, provide the […]