Understanding South African High Court Judgments: A Complete Guide to Structure, Parties & Legal Reasoning

Understanding South African High Court Judgments: A Complete Guide to Structure, Parties & Legal Reasoning

• 1.
  UNDERSTANDING SOUTH AFRICAN HIGH COURT JUDGMENTS
• 2.
  THE HEADER: COURTDIVISION & CASE NO.
• 3.
  CITATION OF PARTIES: THEPLAINTIFF The applicant (the person bringing the matter) in a civil case. There can be more than one plaintiff cited in a case (i.e. First Plaintiff, Second Plaintiff, etc.).
• 4.
  PLAINTIFF CITATION EXAMPLE
• 5.
  CITATION OF PARTIES: THEDEFENDANT The respondent (the person who the matter is against) in a civil case. There can be more than one defendant cited in a case (i.e. First Defendant, Second Defendant, etc.).
• 6.
  DEFENDANT CITATION EXAMPLE
• 7.
  CITATION OF PARTIES: ATHIRD PARTY A party who the defendant joins to a matter, whom the defendant believes is liable for damages in a civil suit. There can be more than one third party cited in a case (i.e. First Third Party, Second Third Party, etc.).
• 8.
  THIRD PARTY CITATION EXAMPLE
• 9.
  CITATION OF PARTIES: AMICUSCURIAE In special cases, an amicus curiae can be appointed by the court to provide expert opinion on a matter that requires such. There can be more than one amicus curiae appointed (i.e. First Amicus Curiae, Second Amicus Curiae, etc.).
• 10.
  THE REASONS FORJUDGMENT In numbered paragraphs (with sub-paragraphs), the presiding judge/justice provides the written reasons for their order, based on the facts submitted to the case by the parties cited.
• 11.
  JUDGMENT PARAGRAPH EXAMPLE
• 12.
  THE ORDER At theend of the judgment, the presiding judge/justice issues an order.
• 13.
  ORDER EXAMPLE
• 14.
  CASE CITED https://www.saflii.org/za/cases/ZAKZDHC/2020/53.pdf