Taking a Dispute to Court: The Litigation Process

Which court hears the matter

Civil disputes are usually heard in either the Magistrates' Courts or the High Court. The right court depends mainly on the value and nature of the claim.

Smaller claims are generally dealt with in the Magistrates' Courts, while larger or more complex matters are heard in the High Court.

How a case usually starts

Many claims begin with a letter of demand, giving the other side a chance to settle before court. If that does not work, the claim is usually started by issuing a summons.

The other party files a notice to defend and a plea, setting out their version. These documents, called pleadings, define what the dispute is about.

The main steps

• A letter of demand is sent to try to resolve the matter.
• A summons is issued and served to start the case.
• The parties exchange pleadings setting out their claims and defences.
• Documents and evidence are exchanged, a stage often called discovery.
• The parties try to settle; many matters resolve before trial.
• If unresolved, the matter goes to trial and the court gives judgment.

Time limits matter

Many claims must be brought within a certain time, known as prescription. Under the Prescription Act 68 of 1969, many debts prescribe after three years, after which they can no longer be enforced.

Because deadlines can be strict, it is important to get advice early so you do not lose the right to claim.

Settlement and costs

Litigation can be expensive and time-consuming, so settling sensibly is often the best outcome. Courts also deal with the question of legal costs, which can follow the result.

Good advice helps you weigh the strength of your case, the likely cost, and whether to settle or proceed.