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Chapter 5
Related Sections
1
INTRODUCTION
2
Where does the law come from?
3
Constitutional law
4
Statute law
5
Common law
6
Customary law
7
How is a court decision or judgment made?
8
Kinds of law: criminal and civil
9
STRUCTURE OF THE COURTS
10
The Constitutional Court
11
The Supreme Court of Appeal
12
The High Courts
13
Magistrates’ Courts
14
Small Claims Court (SCCs)
15
The Labour Court
16
The Land Claims Court
17
Who works in the legal system?
18
TRIALS, APPEALS, AND REVIEWS
19
What is a trial?
20
What is an appeal?
21
What is a review?
22
SETTLING DISPUTES OUTSIDE OF COURT
23
Negotiation
24
Mediation
25
Arbitration
26
THE CRIMINAL COURTS AND CRIMINAL CASES
27
Criminal charges
28
Bail
29
Steps in a criminal court case
30
Dealing with organised crime: The Prevention of Organised Crime Act
31
The Child Justice System
32
POLICE
33
Powers of the police to question
34
Powers of the police to search and seize
35
Powers of the police to arrest
36
Reporting a case of police misconduct
37
Community Police Forums
38
THE CIVIL COURTS AND CIVIL CASES
39
Civil claims
40
Steps in a civil claim in a magistrate’s court
41
Small Claims Court (SCC)
42
Equality Courts
43
Interdicts
44
Spoliation orders
45
USING AN ATTORNEY
46
Responsibilities of attorneys
47
When do you need an attorney?
48
How to find an attorney
49
How to pay for an attorney
50
Applying for legal aid
51
Legal aid clinics
52
Justice centres
53
University Legal Aid Clinics
54
Advice centres
55
Legal Resources Centres
56
Attorneys’ Associations
57
PROBLEMS
58
Problem 1: Which court should be used in each example?
59
Problem 2: Claim is too large for the Small Claims Court (SCC)
60
Problem 3: How urgent is the need for an interdict?
61
Problem 4: Passing the Legal Aid means test
62
Problem 5: Appealing against the decision of a magistrate
63
Problem 6: Failing to obey a court order
64
Problem 7: Refusing to give your name or address to the police
65
Problem 8: Police shoot and injure while making an arrest
66
Problem 9: Your right to appear in court within 48 hours of arrest
67
Problem 10. Police misconduct
68
MODEL LETTERS
69
Letter of Demand for the Small Claims Court
70
CHECKLISTS
71
Checklist: Particulars to take if someone has received a summons
72
Checklist: Particulars to take if someone has already appeared in court on a criminal charge

Problem 5: Appealing against the decision of a magistrate

James lives on a farm. One day his wife was critically ill and he ran to town to call a doctor. On the way he ran across another farm owned by Philip because it was the quickest possible route to the nearest town. Philip caught him and asked him what he was doing on his land. Even after James explained, Philip called the police and told them James was trespassing on his farm. James was arrested and charged with trespass. He appeared before the criminal court and the magistrate found him guilty. He was sentenced to 6 months in prison. He wants to appeal against this decision.

WHAT DOES THE LAW SAY?

James says his wife was critically ill so he took the shortest possible route to town. He said he did not mean to trespass and did not do any damage to the property. He wants to appeal against the decision of the magistrate.

The law says you can appeal to a higher court if you think that the trial court (in this case the Magistrate’s Court) made a mistake in interpreting the facts of the case or didn’t apply the law correctly.
(See Trials, appeals and reviews)

WHAT CAN HE DO?

James must get an attorney to help him with his appeal against the magistrate’s judgment. The attorney must draw up legal documents for an appeal. James can go to the legal aid office to apply for legal aid to pay for the attorney.
(See Applying for legal aid)