175 terms explained

South African Legal Glossary

Plain-language explanations of legal terms — with constitutional references, practical examples, and FAQs.

Administrative Law

Administrative Justice
The right to administrative justice means every government decision that affects you must be lawful,…
Audi Alteram Partem
Latin for "hear the other side." A fundamental principle of natural justice requiring that a decisio…
Election Petition
A formal challenge to the result of an election, brought before the Electoral Court on grounds of ir…
Judicial Management (Historical)
A court-supervised rescue mechanism for financially distressed companies — superseded by business re…
Liquidation (Company Winding Up)
The process of winding up a company — selling its assets, paying creditors, and distributing any rem…
Ombudsman
An ombudsman (ombud) is an independent official who investigates complaints against businesses or pu…
PAIA — Promotion of Access to Information Act
PAIA is the law that gives you the right to request and access records held by government bodies and…
PAJA — Promotion of Administrative Justice Act
PAJA gives effect to your constitutional right to fair administrative action. If a government offici…
POPIA — Protection of Personal Information Act
POPIA protects your personal information from being collected, stored, or used without your knowledg…
Public Protector
The Public Protector is an independent constitutional institution that investigates improper conduct…
Turquand Rule (Indoor Management Rule)
A rule protecting third parties who deal with a company in good faith — they are entitled to assume …
Ultra Vires
Latin for "beyond the powers." A decision or act is ultra vires if it exceeds the legal authority of…
Whistleblower Protection
South African law protects employees who report unlawful conduct (whistleblowers) from retaliation. …

Civil Procedure

Actio de Pauperie
A common law action against the owner of an animal for damage caused by the animal acting contrary t…
Actio Iniuriarum
A Roman-Dutch delictual action for intentional infringement of personality rights — dignity, reputat…
Actio Negotiorum Gestorum
A claim arising from negotiorum gestio — managing another's affairs without authority in an emergenc…
Actio Pauliana
An action by which creditors can set aside fraudulent dispositions of assets made by a debtor to def…
Affidavit
An affidavit is a written sworn statement of fact, used as evidence in court proceedings. The depone…
Cession
The transfer of a personal right (such as a debt owed to you) from one person (cedent) to another (c…
Contempt of Court
Contempt of court is the wilful failure or refusal to comply with a court order. It can result in a …
Contingency Fee
A fee arrangement where an attorney receives payment only if the client is successful in the claim —…
Default Judgment
A default judgment is granted when a defendant fails to respond to a summons or court papers within …
Deponent
A person who makes and signs an affidavit (sworn statement). The deponent swears under oath or affir…
Domestic Violence
Domestic violence is any pattern of abusive behaviour — physical, sexual, emotional, verbal, psychol…
Estoppel
A legal principle that prevents a party from asserting a position that contradicts what they previou…
Ex Parte Application
A court application brought by one party without notice to the other party, typically in urgent circ…
General vs Special Power of Attorney
A general power of attorney authorises an agent to act in all matters on behalf of the principal. A …
Insolvency
Insolvency is the state of being unable to pay debts as they fall due. Personal insolvency is dealt …
Interdict
An interdict (injunction) is a court order that prohibits someone from doing something, or compels t…
Interruption of Prescription
Events that stop the prescription period from running and restart it from zero — preventing a debt o…
Ipso Facto Clause
A contract term providing that upon the occurrence of a specified event (such as insolvency), the co…
Ipso Jure
Latin for "by the law itself." A legal consequence that follows automatically by operation of law, w…
Joint and Several Liability
Where two or more persons are jointly and severally liable for a debt or obligation, the creditor ca…
Legal Capacity
Legal capacity is the ability to enter into binding legal contracts, give valid consent, and make le…
Legal Costs
In civil litigation, the losing party typically pays the winning party's legal costs (attorney-clien…
Legal Practice Act
The Legal Practice Act 28 of 2014 transformed the legal profession, establishing the Legal Practice …
Legal Practitioner
A legal practitioner is a person admitted to practise law in South Africa — including attorneys (who…
Lis Pendens
Latin for "suit pending." A notice registered against immovable property warning potential purchaser…
Locus Standi
Locus standi means "standing" — the legal right to bring a matter to court. Without standing, your c…
Mala Fide
Latin for "bad faith." Acting with knowledge that one's conduct is wrong, unlawful, or will cause ha…
Mandament van Spolie (Spoliation Order)
An urgent court remedy that restores possession of property to a person who has been unlawfully disp…
Mediation
Mediation is a voluntary, confidential dispute resolution process in which a neutral mediator helps …
Mora Interest
Interest that accrues on a debt from the date of default (mora) until payment, at the statutory or a…
Notarial Deed
A formal document prepared and attested by a notary public (a specialised attorney). Certain transac…
Notary Public
A notary public is a specially qualified attorney who authenticates documents, executes notarial dee…
Power of Attorney
A power of attorney is a document authorising one person (the agent) to act on behalf of another (th…
Prescription (General)
Prescription is the legal principle that rights and debts expire after a defined period of time if n…
Prescription Act 68 of 1969
The statute that sets the limitation periods within which civil claims must be instituted in South A…
Pro Bono
Pro bono (from Latin: "for the public good") refers to free legal services provided by attorneys and…
Protection Order
A protection order is a court order that prohibits an abuser from committing domestic violence again…
Recusal
Recusal is the disqualification or withdrawal of a judge or official from a matter in which they hav…
Res Judicata
Res judicata (Latin: "the matter has been decided") is a legal principle that prevents the same disp…
Respondeat Superior / Vicarious Liability
The principle that an employer is liable for the delicts (wrongs) of an employee committed in the co…
Rule Nisi
A rule nisi is a court order that something shall be done, or why it should not be done, unless caus…
Sequestration
Sequestration is the legal process of declaring an individual insolvent. The insolvent's estate is s…
Small Claims Court
The Small Claims Court handles civil claims up to R20 000 — quickly, cheaply, and without lawyers. P…
Specific Performance
A court order compelling a party to perform their contractual obligation as agreed, rather than mere…
Spoliation (Evidence)
The destruction, concealment, or tampering with evidence that a party had an obligation to preserve.…
Spoliation Interdict
See: Mandament van Spolie. An urgent court order restoring possession of property unlawfully taken, …
Spoliation Order
A spoliation order (mandament van spolie) restores possession to someone who was unlawfully and forc…
Subpoena
A subpoena is a court order compelling a person to appear in court to give evidence or to produce do…
Summons
A summons is the formal court document that commences civil proceedings. It notifies the defendant o…

Civil Procedure / Debt

Emoluments Attachment Order (EAO)
An emoluments attachment order (EAO) — colloquially a "garnishee order" — is a court order directing…

Constitutional Law

Access to Courts
Section 34 of the Constitution guarantees everyone the right to have disputes decided in a fair publ…
Bill of Rights
The Bill of Rights is Chapter 2 of the South African Constitution — the supreme law that guarantees …
Constitutional Amendment
The Constitution can be amended, but the process is deliberately difficult — requiring two-thirds or…
Constitutional Court
The Constitutional Court is South Africa's highest court for constitutional matters. It has the fina…
Constitutional Right
A right guaranteed by the Constitution that the government cannot lawfully take away without justifi…
Equality Court
The Equality Court hears complaints of unfair discrimination, hate speech, and harassment under the …
Freedom of Expression
Section 16 of the Constitution protects the right to freedom of expression — including free speech, …
Freedom of Movement
Section 21 of the Constitution gives everyone the right to freedom of movement, to reside anywhere i…
Freedom of Religion
Everyone has the right to freedom of conscience, religion, thought, belief, and opinion under Sectio…
Hate Speech
Hate speech is expression that propagates hatred based on protected characteristics like race, relig…
Judicial Review
Judicial review is the power of courts to examine government decisions and laws and to declare them …
Jus Cogens
A peremptory norm of international law from which no derogation is permitted — for example, the proh…
Limitation Clause
Section 36 of the Constitution allows rights to be limited — but only by a law of general applicatio…
Precedent (Stare Decisis)
Precedent means that courts are bound to follow earlier decisions of higher courts on the same legal…
Right to Assembly and Protest
Section 17 of the Constitution gives everyone the right to peacefully and unarmed assemble, demonstr…
Right to Education
Section 29 of the Constitution guarantees everyone the right to a basic education, including adult b…
Right to Equality
Section 9 guarantees equality before the law and equal protection. Unfair discrimination based on ra…
Right to Food
Section 27 of the Constitution gives everyone the right of access to sufficient food and water. The …
Right to Healthcare
Section 27 of the Constitution gives everyone the right of access to healthcare services. The state …
Right to Housing
Section 26 of the Constitution gives everyone the right of access to adequate housing. The state mus…
Right to Human Dignity
Section 10 guarantees every person inherent human dignity and the right to have their dignity respec…
Right to Vote
Section 19 of the Constitution gives every adult South African citizen the right to vote in election…
Right to Water
Section 27 of the Constitution gives everyone the right of access to sufficient water. The state mus…
Roman-Dutch Law
The common law of South Africa — a hybrid legal system based on Roman law as received in the Netherl…
Separation of Powers
Separation of powers divides government authority among three branches — legislature (makes laws), e…

Consumer Debt / Credit Law

Reckless Lending
Reckless lending occurs when a credit provider grants credit without a proper affordability assessme…

Credit & Consumer Law

Cession of Book Debts
An agreement by which a debtor pledges their outstanding book debts (amounts owed to them by their c…
CPA — Consumer Protection Act
The Consumer Protection Act gives South African consumers rights to fair treatment, safe products, h…
Debt Review
Debt review (debt counselling) is a formal legal process that restructures your debt repayments if y…
Garnishee Order (Emoluments Attachment Order)
A garnishee order (EAO) instructs your employer to deduct money from your salary and pay it directly…
In Duplum Rule
A common law rule, codified in the National Credit Act, that prevents the unpaid interest on a debt …
National Consumer Tribunal
The National Consumer Tribunal adjudicates consumer credit and consumer protection disputes. It can …
NCA — National Credit Act
The National Credit Act regulates credit providers and protects consumers from reckless lending, hid…
Prescription of Debt
Prescription means that after a certain period of time, a debt can no longer be legally collected. M…
Promissory Note
A written, unconditional promise by one person (maker) to pay a specified sum of money to another pe…
Surety / Suretyship
A person who agrees to be responsible for another person's debt or obligation if that person default…
Voluntary Sequestration
A process where an insolvent person applies to the High Court to have their own estate sequestrated …

Criminal Law

Acquittal
An acquittal is a court finding that an accused person is not guilty of the charge. After acquittal,…
Arraignment
Arraignment is the formal process of bringing an accused before a court, reading the charge, and rec…
Asset Forfeiture
Asset forfeiture allows the state to confiscate property that is the proceeds of crime or used to co…
Bail
Bail is the temporary release of an accused person awaiting trial, usually on payment of money or ag…
Burden of Proof
The burden of proof determines who must prove their case and to what standard. In criminal law, the …
Culpable Homicide
The unlawful negligent killing of another person. Distinct from murder, which requires intention (do…
Doli Incapax
Latin for "incapable of wrong." The legal presumption that a child below a certain age lacks crimina…
Expungement of Criminal Record
Expungement is the official process of clearing a criminal record. Once expunged, the offence does n…
Extradition
Extradition is the formal process by which a country surrenders a person accused or convicted of a c…
Habeas Corpus
Habeas corpus is an ancient legal remedy that requires authorities to bring a detained person before…
IPID — Independent Police Investigative Directorate
IPID investigates serious police misconduct including deaths in custody, torture, rape, and corrupti…
Legal Aid
Legal aid means free or subsidised legal representation for people who cannot afford a lawyer. In cr…
NPA — National Prosecuting Authority
The NPA is the state body that decides whether to prosecute criminal cases and conducts the prosecut…
Parole
Parole is the conditional early release of a prisoner before the expiry of their sentence. It is not…
Plea
A plea is a formal response by an accused person to a criminal charge — either guilty, not guilty, o…
Right to Silence
The right to silence means you are not obliged to say anything to police after arrest that might inc…
Search and Seizure
Police may search your person, home, or vehicle only with a warrant or in specific warrant-exempt ci…

Disability Rights / Employment Law

Reasonable Accommodation
Reasonable accommodation is any modification or adjustment to a job, workplace, or service that enab…

Education Law / Disability Rights

Inclusive Education
Inclusive education is South Africa's policy commitment — grounded in White Paper 6 (2001) and the S…

Equality Law

PEPUDA
PEPUDA (Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000) is South Africa…

Family Law

Abduction (Child)
The unlawful removal of a child from the care of their custodial parent or guardian, either within S…
Adoption
Adoption is the legal process that permanently transfers all parental rights from a child's biologic…
Antenuptial Contract — Registration Requirement
An antenuptial contract (ANC) must be signed before a notary public and registered in the Deeds Regi…
Antenuptial Contract (ANC)
An antenuptial contract (ANC) is a legal agreement signed before marriage that determines how assets…
Child Support Grant
The Child Support Grant (CSG) is a monthly SASSA grant paid to the primary caregiver of a child who …
Community of Property
Community of property is the default matrimonial property regime in South Africa. All assets and lia…
Curatorship
A court-appointed arrangement where a curator manages the affairs of a person who is mentally incapa…
Customary Marriage
Customary marriages (including lobola-based marriages) are legally recognised in South Africa under …
Divorce
Divorce in South Africa dissolves a civil or customary marriage. The only ground is irretrievable br…
Fideicommissum
A testamentary condition where property bequeathed to one person (fiduciary) must be passed on to a …
Guardianship
Guardianship is the legal right and responsibility to make important decisions on behalf of a child …
Hague Convention on Child Abduction
An international treaty requiring member countries to return children wrongfully removed to or retai…
Lobola
Lobola (bridewealth) is a cultural practice where the groom's family pays the bride's family assets …
Maintenance Order
A maintenance order is a court order requiring one person to pay regular financial support to anothe…
Marital Power (Abolished)
The historical rule (now abolished) under which a husband had legal control over his wife's legal ca…
Probate / Letters of Executorship
The formal appointment by the Master of the High Court of a person (executor) to administer a deceas…
SASSA — South African Social Security Agency
SASSA administers social grants — Child Support Grant, Old Age Pension, Disability Grant, Foster Car…
Social Assistance
Social assistance is the system of government grants designed to support vulnerable South Africans. …

Labour Law

AWOL — Absent Without Leave
AWOL (absent without leave) means an employee is absent from work without permission and without not…
Basic Conditions of Employment
The Basic Conditions of Employment Act (BCEA) sets minimum standards for all workers in South Africa…
CCMA — Commission for Conciliation, Mediation and Arbitration
The CCMA is a dispute resolution body where employees can resolve unfair dismissal, unfair labour pr…
Collective Bargaining
Collective bargaining is the process of negotiation between employers and trade unions about wages, …
Constructive Dismissal
Constructive dismissal occurs when an employer makes working conditions so intolerable that an emplo…
Employment Equity
The Employment Equity Act requires designated employers to eliminate unfair discrimination and imple…
Fixed-Term Contract
A fixed-term contract employs someone for a defined period or project. After 3 months, fixed-term em…
Payslip
Every employer must give employees a written payslip each time they are paid. The payslip must show …
Probation
A probation period allows an employer to assess a new employee's performance and suitability before …
Retrenchment
Retrenchment is dismissal for operational requirements — when an employer cannot afford to keep empl…
Section 197 Transfer
When a business (or part of it) is transferred as a going concern, Section 197 of the LRA protects e…
Shop Steward
A shop steward is an elected union representative in the workplace who represents union members in g…
Strike Action
A strike is protected collective action where employees stop work to advance a mutual interest. Prot…
UIF — Unemployment Insurance Fund
The UIF provides short-term financial relief to workers who lose their jobs, are on maternity, adopt…
Unfair Dismissal
An unfair dismissal is when an employer terminates employment without a fair reason or without follo…
Unfair Labour Practice
An unfair labour practice is any unfair conduct by an employer relating to promotion, demotion, trai…
Written Warning
A written warning is a formal disciplinary sanction short of dismissal. The employer records the mis…

Property & Housing

Bona Fide Possessor
A person who possesses another's property in the genuine and reasonable belief that they are entitle…
Constructive Notice
Legal knowledge that a person is deemed to have because information is publicly registered or reason…
Conveyancer
A conveyancer is an attorney with specialised qualification to transfer ownership of immovable prope…
Deeds Registry
The Deeds Registry is the government office where all immovable property ownership, bonds, and servi…
ESTA — Extension of Security of Tenure Act
ESTA protects farm workers and labour tenants who live on agricultural land. It provides strong secu…
Eviction (PIE Act)
The PIE Act prohibits unlawful eviction without a court order. Even if you have no formal lease, an …
Expropriation
Expropriation is the compulsory acquisition of private property by the state for a public purpose. T…
Land Claims Court
The Land Claims Court adjudicates land restitution claims, ESTA evictions, LTA matters, and other la…
Lien
The right to retain another person's property as security for a debt owed, until the debt is paid. A…
Mortgage Bond
A mortgage bond is a registered security interest over immovable property given by the property owne…
Notarial Bond
A notarial bond is a mortgage-type security registered over movable assets (like business equipment)…
Praedial Servitude
A praedial servitude is a registered right that burdens one property (the servient tenement) for the…
Rei Vindicatio
A real action by which an owner of property (who is not in possession) can reclaim their property fr…
Rental Housing Tribunal
The Rental Housing Tribunal resolves disputes between landlords and tenants in South Africa — for fr…
Sale in Execution
A court-authorised sale of a debtor's property (usually by public auction) to satisfy an unpaid judg…
Sectional Title
Sectional title is a form of property ownership for individual units (flats, townhouses) within a de…
Title Deed
A title deed is the official document evidencing ownership of immovable property in South Africa. Tr…
Transfer Duty
Transfer duty is a government tax payable when buying property. It is calculated on a sliding scale …
Vindicatory Action
See: Rei Vindicatio. An action by the owner of property to recover it from whoever is currently in p…

Social Assistance

Disability Grant
The SASSA disability grant provides monthly income to South African adults who are permanently or te…