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

Responsibilities of attorneys

From the time that the attorney starts on your case, they are working for you. The attorney is there to advise you about your problem. The attorney also represents you in any meeting with an opposing party and in court hearings. This means that the attorney speaks for you and acts for you and charges you a fee for doing this.
As the client of an attorney, you have the following rights:

  • to professional, honest and unbiased advice at all times
  • to be treated with professional courtesy, respect and fairness, regardless of your race, nationality, age, gender, sexual orientation or disability
  • to privacy and attorney-client confidentiality
  • to agree the type of service you can expect and receive
  • to clear explanations in terms you can understand
  • to find out from the start of the consultation what you are hoping to achieve, and aim to make sure that your expectations are realistic
  • to know who will be handling your matter
  • to be advised on the likely success of your matter and not to do unnecessary work that will lead to unnecessary expenses
  • to an explanation of the cost implications and how the costs are likely to be calculated
  • to be kept informed of costs, so that you can work out if you can afford to pay for a particular course of action and if it is worth it
  • to be kept updated on developments and progress
  • to responses to your letters and telephone calls within a reasonable time
  • to a clear bill which shows the work done and the amounts charged
  • to complain about your attorney if you believe the attorney is acting unethically or in an unprofessional manner
  • to have the attorneys’ account assessed and taxed if you believe it is too high
  • to cancel your mandate to the attorney at any stage (subject to certain conditions) and to consult another attorney

REPORTING ATTORNEYS

Attorneys fall under the jurisdiction of the Legal Practice Council (LPC). The LPC is mandated to regulate the professional conduct of attorneys. If you have a complaint about your attorney, first talk to them about your concerns. Then, if you are still not satisfied, you can lodge a complaint with the relevant provincial office of the LPC. These are the types of problems with an attorney you could lodge a complaint about:

  • Persistent delays in answering letters
  • Failing to account for money held on your behalf
  • Improper, unprofessional or unethical conduct
  • Failing to give proper attention to your case

The Legal Practice Council will investigate all complaints of attorneys and advocates acting in an unprofessional manner. Go to the LPC website: www.lpc.org.za for a complaint form and guidance on how to submit the complaint.