If you lose a trial, you can appeal. This means you ask a higher court to change the decision of the trial court. Usually the appeal court will not listen to any new evidence. It will only read the report from the lower court to see what evidence was given. A case in the Magistrate’s Court can go on appeal to the nearest High Court, and then to the Supreme Court of Appeal. A case heard in a High Court can go directly on appeal to the Supreme Court of Appeal. The Supreme Court of Appeal only listens to appeals – it does not listen to any new trials.

In a civil case, the person who loses the case must usually pay the costs of the person who wins. So if you lose the appeal, you usually have to pay the legal costs of the other party for both the trial and the appeal. In a criminal appeal, you pay your own legal costs, whether you win or lose. It is very expensive to take a case on appeal. (See Chart: The courts in South Africa and appeal and review procedures; See Appeals and reviews from a High Court; See Appeals and reviews from a Magistrate’s Court; See Taking a judgment on review; See Adjudication appeals in a Labour Court)