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Legal language can be confusing, especially when documents are drafted in Latin or in the formal English of the courts. This plain-English glossary explains common South African legal terms you may come across in a divorce, a criminal matter, a civil dispute, a property transfer, a labour issue or the winding-up of an estate. The definitions below are written for ordinary readers and are accurate to South African law as applied by our courts, the Magistrates’ Courts Act, the High Court and the relevant statutes. This page is for general information only and is not legal advice. Where a term relates to something we handle, we have linked it to the relevant service so you can read more or get help. If you need advice on your own situation, the team at Onah Attorneys Inc in Randburg, Johannesburg is here to assist.
Family Law & Divorce
Antenuptial Contract (ANC) — A contract signed before marriage that excludes the default marriage in community of property. Couples can marry with or without the accrual system. See our antenuptial contract attorneys.
Accrual System — A regime under an antenuptial contract where each spouse keeps their own estate during the marriage, but on divorce or death the growth of the two estates is shared equally.
Community of Property — The default South African marriage regime where the spouses share a single joint estate, so assets and debts are owned and owed jointly.
Decree of Divorce — The court order that legally ends a marriage and confirms arrangements on property, maintenance and children. Speak to our divorce attorneys in Johannesburg.
Maintenance — The legal duty to support a spouse, ex-spouse or child financially. Claims are brought in the Maintenance Court and can be varied as circumstances change. See family law.
Parental Responsibilities and Rights — Under the Children’s Act, the care, contact, guardianship and maintenance duties a parent holds towards a child, replacing the old terms “custody” and “access”.
Primary Residence — The parent with whom a child mainly lives after a separation or divorce, while the other parent usually holds rights of contact.
Universal Partnership — An implied partnership that can arise between people who live together and pool resources, allowing one partner to claim a share of assets built up together.
Domestic Violence Interdict — A protection order under the Domestic Violence Act restraining an abuser from further abuse, obtainable urgently from the Magistrates’ Court.
Criminal Law
Bail — The release of an accused person from custody, usually on payment of an amount of money or on conditions, pending the outcome of the case. See our bail application attorneys.
Bail Application — The court process in which an accused asks to be released on bail; the court weighs the interests of justice against the accused’s right to freedom. See criminal law.
Warrant — A written court authority permitting the police to arrest a person, search premises or seize property.
Warrant of Arrest — A specific warrant authorising the police to arrest a named person and bring them before a court.
Docket — The police file containing the statements, evidence and investigation record for a criminal case.
Plea — The accused’s formal answer to a charge, either guilty or not guilty, entered at the start of a criminal trial.
Bail Conditions — Terms attached to release on bail, such as reporting to a police station, surrendering a passport or staying away from witnesses.
Section 174 Discharge — An acquittal granted at the close of the State’s case, under section 174 of the Criminal Procedure Act, where there is no evidence on which a court could convict.
Expungement — The removal of a criminal record from the register after a set period or where a conviction qualifies to be cleared under the law.
Civil Litigation & Procedure
Summons — The court document that starts an action, informing the defendant of the claim against them and requiring a response within a set time.
Notice of Motion — The document that starts application (motion) proceedings, supported by affidavits, used where there is no real dispute of fact.
Affidavit — A written statement of facts, made under oath before a commissioner of oaths, used as evidence in court.
Plaintiff — The party who starts an action by issuing summons and who brings the claim.
Defendant — The party who is sued and must defend the claim brought against them.
Applicant — The party who launches motion proceedings by way of a notice of motion.
Respondent — The party against whom a motion or appeal is brought.
Plea (Civil) — The defendant’s written answer to the particulars of claim, admitting or denying each allegation.
Interdict — A court order that forbids a person from doing something (a prohibitory interdict) or compels them to act (a mandatory interdict), often granted urgently.
Prescription — The extinguishing of a legal claim through the passage of time. Most debts prescribe after three years under the Prescription Act if no steps are taken.
Delict — A wrongful act that causes harm to another and gives rise to a claim for damages, similar to a “tort” in other legal systems.
Damages — Money awarded by a court to compensate a person for loss or harm suffered.
Costs Order — A court’s ruling on who must pay the legal costs of a matter, often that the losing party pays the winner’s costs.
Spoliation (Mandament van Spolie) — A remedy that restores possession to someone who was unlawfully deprived of property, without deciding who actually owns it.
Rei Vindicatio — An owner’s action to recover their property from whoever is holding it, based purely on ownership.
Rescission — The setting aside of a court order or judgment, for example a default judgment granted in a party’s absence.
Default Judgment — A judgment granted against a party who fails to defend a case or appear in court.
Domicilium Citandi et Executandi — The address a party chooses in a contract for the delivery of legal documents and notices; service there is valid even if the person has moved.
Property & Conveyancing
Conveyancing — The legal process of transferring ownership of immovable property from a seller to a buyer, handled by a specialist conveyancing attorney. See property law.
Conveyancer — An admitted attorney with an additional qualification who is authorised to register the transfer of property in the Deeds Office.
Transfer Duty — A tax payable to SARS on the transfer of immovable property above a threshold, usually paid by the buyer before registration.
Deed of Transfer — The registered document that records ownership of a property and is lodged at the Deeds Office.
Bond (Mortgage Bond) — A security registered over immovable property in favour of a lender, giving the bank the right to claim against the property if the loan is not repaid.
Deeds Office — The government registry where ownership of land, bonds and servitudes over property are formally recorded.
Servitude — A registered right one person has over another’s land, such as a right of way or a right to draw water.
Usufruct — A registered right allowing a person to use and enjoy property, and its income, that belongs to someone else, usually for life.
Offer to Purchase — The written agreement of sale for a property, which becomes binding once signed by both buyer and seller.
PIE Act (Prevention of Illegal Eviction Act) — Legislation that regulates lawful evictions and protects unlawful occupiers, requiring a court order before anyone may be evicted. See our eviction attorneys.
Eviction Order — A court order authorising the lawful removal of an occupier who has no right to remain on a property.
Labour Law
CCMA — The Commission for Conciliation, Mediation and Arbitration, the body that resolves disputes about dismissals, unfair labour practices and workplace conflict. See labour law.
Unfair Dismissal — A dismissal that is substantively or procedurally unfair under the Labour Relations Act, which an employee may challenge at the CCMA.
Retrenchment — A dismissal based on the employer’s operational requirements, which must follow a fair consultation process.
Conciliation — The first CCMA step where a commissioner tries to help the parties settle a dispute before it goes to arbitration.
Arbitration — A binding hearing at the CCMA where a commissioner decides the dispute and issues an award.
Constructive Dismissal — Where an employee resigns because the employer made continued employment intolerable, treated in law as a dismissal.
Debt, Insolvency & Estates
Section 65 (Debt) — A procedure under section 65 of the Magistrates’ Courts Act where a debtor is summoned to court to explain their finances and the court may order instalment payments. See our debt collection attorneys.
Emoluments Attachment Order (Garnishee) — A court order requiring an employer to deduct instalments from an employee’s salary to pay a judgment debt.
Sequestration — The legal process of declaring a person insolvent, placing their estate under a trustee to pay creditors. See our sequestration and insolvency attorneys.
Liquidation — The winding-up of an insolvent company or close corporation so that its assets can be sold and creditors paid.
Insolvency — The state of having liabilities that exceed assets, or being unable to pay debts as they fall due.
Estate Late — The estate of a person who has died, administered by an executor under the supervision of the Master of the High Court. See deceased estate attorneys.
Letters of Executorship — The official authority issued by the Master of the High Court appointing an executor to administer a deceased estate. See wills, estates and trusts.
Executor — The person appointed to wind up a deceased estate, gather the assets, pay debts and distribute the inheritance.
Intestate Succession — The rules that decide who inherits when a person dies without a valid will, under the Intestate Succession Act.
Curatorship — A court appointment where a curator is placed in charge of the affairs or property of a person who cannot manage their own.
Curator ad litem — A person appointed by the court to represent the interests of someone who cannot act for themselves in a legal matter, such as a minor or a mentally incapacitated person.
Curator bonis — A curator appointed to manage the property and financial affairs of a person who is unable to do so.
Personal Injury & General Terms
RAF (Road Accident Fund) — The State fund that compensates people injured, or the dependants of those killed, in road accidents caused by another driver. See our Road Accident Fund claims service.
General Damages — Compensation for pain, suffering, disfigurement and loss of amenities of life, awarded in serious injury claims such as RAF matters.
Loss of Support — A claim by dependants for the financial support they would have received from a breadwinner who has died, often against the Road Accident Fund.
Antedated — Dated earlier than the date of actual signature, so that a document takes effect from the earlier date; must be handled carefully as backdating can be unlawful.
Power of Attorney — A written authority allowing one person to act on another’s behalf, for example to sign documents or manage affairs.
Commissioner of Oaths — A person, often an attorney or police officer, authorised to administer oaths and certify affidavits and copies of documents.
Cession — The transfer of a personal right, such as a debt or a claim, from one person to another.
Novation — The replacement of an existing obligation with a new one, extinguishing the old agreement.
Locus Standi — A party’s legal standing or right to bring a matter before the court because they have a sufficient interest in it.
Pro Deo / Legal Aid — Free legal representation provided to those who cannot afford it, particularly in serious criminal cases.
Need Legal Help?
Understanding a legal term is a good start, but every matter turns on its own facts. If any of the terms above relate to a problem you are facing, the attorneys at Onah Attorneys Inc in Randburg, Johannesburg can explain your options in plain language and act on your behalf. Contact us today to arrange a consultation and get clear, practical advice on your situation.