Under South African law a person may not take the law into his or her own hands. A person aggrieved by the conduct of someone else must follow proper legal procedure in order to address his/her grievances and to obtain the relief that he/she wants.

Two Examples are given below:

(1) A landlord may not evict a non-paying tenant without a court order. It does not matter how delinquent the tenant may be. You may not deprive the tenant of his/her possession of the leased premises until a court order that authorises the eviction has been obtained.
(2) The same principle applies to goods that are in another person’s possession (including a thief) of which you are the lawful owner, or others misusing your land to gain access to their property.

Our law requires you to approach a court in order to grant you the relief that you seek.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for four years in a row (2018 – 2021).

Jurisdiction is the power of a court to decide cases and issue orders, as well as the territory within which a court or government agency may properly exercise its power.

The below table is a summary of the main courts in South Africa, and the jurisdiction of those courts:

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for four years in a row (2018 – 2021).

One of the first questions that your attorney will ask you when you consult is when your claim arose, to determine whether your claim has prescribed. If your claim has prescribed, it means that you no longer have any legal remedies available to you. Claims arising from a debt prescribe after three years and the rules of prescription are set out in the Prescription Act, 1969.

In terms of section 11 of the Prescription Act the prescription period is:

• 30 years for debts secured by mortgage bond, judgment debts, etc.;
• 15 years for certain debts owed to the State;
• 6 years for debts arising from a bill of exchange, notarial contract, etc.; and
• 3 years in other cases.

Prescription starts to run as soon as a debt becomes due, except if the debtor wilfully prevents knowledge of existence of the debt, or the creditor has no knowledge of the debt and could not acquire knowledge by exercising reasonable care.

Completion of prescription can be delayed for a year after an impediment ceases to exist. The impediments are minority, insanity, curatorship etc.

Prescription can be interrupted by acknowledgement of liability or by service of a process to claim payment.

It is therefore important to consult your attorney as soon as possible after you become aware of any claim that you may have against a third party.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for four years in a row (2018 – 2021).

Civil procedure in South Africa is the formal rules and standards that courts follow when adjudicating civil suits (as opposed to procedures in criminal law matters). The legal scope is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between persons. Procedural law regulates how those rights and obligations are enforced, how a case may be commenced, what kind of process is required, the time lines and manner of exchange of process, and available remedies.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for four years in a row (2018 – 2021).