A successful litigation attorney must have sound knowledge and a proper understanding of court processes to protect his client’s interest during litigation, including in matters of family law, criminal law, commercial law, labour law etc.
Various forums or courts are available to a prospective litigant in South Africa including District Magistrates Courts, Regional Magistrates Courts, Childrens’ Courts, High Courts, Labour Courts, Appeal Courts, the Constitutional Court as well a range of special courts ranging from special tax Courts to the court of the Commissioner of Patents. Each of these courts has its own rules and directives that must be followed by litigants.
Prospective litigants will typically institute their actions in the District Magistrates Courts, Regional Magistrates Courts, Labour Courts or High Courts.
The jurisdiction of a Court is determined by the cause of actions (the type of matter) and the geographic location of the parties to the dispute.
Certain types of matters can only be heard in certain courts. Divorces can only be adjudicated in Regional Courts and High Courts where matters relating to the status of a person eg sequestration, are usually limited to the High Court.
It is therefore important for litigation attorneys to select the appropriate court to hear your action as your case may be dismissed for lack of jurisdiction.
Once he/she has selected the appropriate type of court for the hearing of your matter, he/she will have to determine which seat of the specific court will have jurisdiction over the persons involved in the matter, for instance, whether your case will be instituted in the Regional Court of Cape Town or Johannesburg. The geographical jurisdiction of a Court usually follows the defendant or respondent for example where the defendant or Respondent resides or works in Cape Town, the case will have to be instituted in Cape Town. There are exceptions to this rule, for instance, divorces may be instituted in a court where either the Plaintiff or the Defendant resides or are employed while matters in childrens’ courts are instituted where the children reside.
A third factor your attorneys will have to make is whether he/she will institute your case by way of motion proceedings or action proceedings.
