Legal Glossary
Plain English definitions of legal terms commonly used in South African law.
ACCIDENT REPORT
ACCIDENT REPORT: an official document containing all the details of the accident.
Accident Report
An official document containing all the details of the accident.
Accused
A person who has allegedly committed a criminal offence like theft, rape or murder.
CriminalAdministrator
A person appointed by a Magistrate’s Court to collect and distribute payments of the debtor amongst his/her creditors.
CourtADVERSE CONSUMER CREDIT INFORMATION
ADVERSE CONSUMER CREDIT INFORMATION: it is information of a consumer which includes classification of consumer behaviour such as “default”, “slow paying”, or “not contactable”; classification of actio...
Affidavit
A written statement made under oath before a Commissioner of Oaths, for example, a member of the South African Police Service or an attorney.
CourtAggravation
Factors given by the employer to convince the chairperson that the employee must be dismissed or some other sanction should be given. Examples of aggravating circumstances of the employer include the...
EmploymentALTERNATIVE DISPUTE RESOLUTION AGENT
ALTERNATIVE DISPUTE RESOLUTION AGENT: a person that assists in resolving disputes through conciliation, mediation or arbitration. Such a person must be registered and accredited by the National Credit...
Ante Nuptial Contract
A contract entered into to regulate whether a marriage will be out of community of property with/without the accrual system. An ante nuptial contract must be signed by the persons entering into a marr...
FamilyApplication
Where a court gives a judgment based on the papers placed before it (such as an affidavit). There is no verbal evidence given in court.
CourtBank Guarantee
A letter of undertaking from the bank that the purchase price of the property will be paid upon its registration in the deeds office.
PropertyBUSINESS
BUSINESS: a juristic person, for example, a company, partnership, body corporate and so on.
CorporateBusiness
A juristic person, for example, a company, partnership, body corporate and so on.
CorporateCancellation of Court Order
For example, a mother finds out that her child is being abused by his/her father and applies to the court to have the order in respect of contact cancelled.
FamilyCare
The right of a parent to have his/her child reside primarily with him/her and to control or supervise the daily life of that child.
FamilyCaregiver
A person other than a parent or guardian who has the right to care for a child. Care is the right of that person to have a child reside primarily with him/her and to control or supervise the daily lif...
FamilyChairperson
The person chairing the disciplinary hearing. The chairperson must be independent, fair and objective.
Changing of Court Order
For example, a father decides that he would like to see his child every 2 months instead of every alternate weekend, because he is moving from Johannesburg to Cape Town.
FamilyChildren's Court
A special court dealing with matters relating to children. Every Magistrate’s Court shall be a Children’s Court and the High Court is the upper guardian of all children.
FamilyCIVIL MATTER
CIVIL MATTER: arises when there is a dispute between people. An action or application procedure can be followed. An action procedure is where a summons is delivered by the sheriff on behalf of the pla...
CourtCLAIM
CLAIM: to apply for compensation from the Fund. If an employee is eligible s/he will be granted compensation subject to the level of his/her disablement.
EmploymentClearance Certificate
A certificate from the municipality that confirms that all amounts in respect of the property have been paid in full for the last two years.
PropertyCollective Agreement
A written agreement concerning the terms and conditions of employment or any other matter of mutual interest concluded between registered trade unions, employers and/or registered employer organisatio...
ContractCommissioner
A presiding officer in the SCC who listens to both parties, considers the evidence and makes a judgment.
CourtCommon Law Marriage
Many persons believe that by living together for a certain amount of time, they enter into a common law marriage. Such a marriage does not exist and the persons are only protected through a cohabitati...
FamilyCompensation
Money in recognition of work, work-related injury or disease.
Constructive Dismissal
When an employee resigns because their employer's behaviour became so intolerable at work that s/he had no choice but to resign.
EmploymentConsulting Employees
The employees who are likely to be affected by the retrenchment, or their workplace forum, registered trade union or elected representatives, or any person elected in terms of a collective agreement....
ContractContact
To maintain a personal relationship with a child and allowing a person to see, spend time with or communicate with a child.
FamilyContract
CONTRACT: two or more parties enter into an agreement (a contract), which includes, but are not limited to, lease agreements, partnership agreements, employment agreements, consumer agreements and cre...
PropertyContractual Debt
Where a debt arises from a contract between the debtor and creditor, for example, a personal loan.
ContractConviction
The result of a criminal trial which was concluded and the accused was found guilty of the criminal offence charged.
CriminalCouple
Includes a man and a woman or same sex relationships.
Courts
COURTS: resolves disputes involving people and/or property. A court is different from an ombudsman and alternative dispute resolution agents.
PropertyCREDIT AGREEMENT
CREDIT AGREEMENT: a credit agreement is entered into when a consumer buys goods or services on credit or borrows money from a credit provider in return for the payment of interest and/or fees/charges....
ContractCREDIT BUREAU
CREDIT BUREAU: a body that obtains, compiles and provide reports on credit agreements, applications, payment history or patterns, and so on. A credit bureau must be registered with the National Credit...
ContractCREDIT FACILITY
CREDIT FACILITY: when money, goods or services are supplied by the credit provider at the request of the consumer. The repayment of the loan, goods or services are postponed to a certain date in the f...
CREDIT PROVIDER
CREDIT PROVIDER: is a person that offers credit or lends money under a credit agreement. A credit provider must be registered with the National Credit Regulator.
ContractCriminal matter
CRIMINAL MATTER: arises when there is criminal activity. The process is as follows: a crime is committed, the matter is reported to the police, investigations are carried out by an Investigating Offic...
CriminalCriminal Offence
Act or omission (a failure to act when a person should have acted) punishable by law.
CriminalCurator - What does a Curator do with regards to law?
A person appointed by a High Court to manage a person’s estate as s/he cannot manage his/her own affairs.
CourtCustodian
A parent who lives with the child and takes care of the child on a day to day basis.
FamilyDEBT COUNSELLOR
DEBT COUNSELLOR: is a person that assists a consumer who is unable to make payment towards his/her credit providers, for example, to negotiate and rearrange his/her payments to credit providers. A deb...
Deed of Transfer
A document that proves ownership and contains important information about the property, for example, it identifies the property, the reason for transfer of ownership and the details of the old owner a...
PropertyDeeds Office
A government office that maintains a register of all property within its area.
PropertyDefaulting Mortgager
When a person (mortgagor) borrowed money from a financial institution (bank) to buy a property, breaches (default) the loan agreement (mortgage), which may lead to the sale of that property.
PropertyDelayed
Prescription is suspended (put on hold) to a later date and does not start running afresh.
Delictual Debt?
Where a debt arises from damages caused by the debtor to the creditor, for example, from a motor vehicle accident.
Dependant
A person who was reliant on the employee’s salary at the time of his/her death such as widower or child under the age of 18 years.
FamilyDisputes of Mutual Interest
When a dispute is not regulated by any law, but it is relevant to the workplace and the employment relationship.
EmploymentDivorce
Glossary of terms: FAMILY ADVOCATE: an institution that assists with family matters, such as divorces, and makes recommendations in respect of the children’s best interests. MARRIAGE IN COMMUNI...
FamilyDomestic Worker
A cleaner of or helper in a household; gardener; driver of a motor vehicle for a household; or a person who cares for children, the sick or aged. A farm worker is excluded.
FamilyElectrical Compliance Certificate
Certificate issued by a registered person stating that the electricity is in accordance with the necessary regulations.
Employee
A person who works for another person, receives remuneration and who assists in the carrying on of the business of the employer.
EmploymentEssential Service
A service where the interruption of it will endanger the life, personal safety or health of persons for example, the police or fire fighting services.
Estate Agency Affairs Board
A board that regulates the conduct of a person performing services of an estate agent.
Eviction
An order obtained from court by the landlord forcing the tenant to vacate the property.
PropertyEvidence
Documents, witness statements, photographs, video footage and so on.
Ex Parte
Where a court gives a judgment based on the papers placed before it (such as an affidavit) and there is only one party to the application. There is no verbal evidence given in court. The court will is...
LatinExecutor
A person appointed by a testator in the Will to see to the administration of his/her estate in terms of the Will.
Extinguished
When something comes to an end.
Family Advocate
An institution that assists with family matters, such as divorces, and makes recommendations in respect of children’s best interests.
FamilyFinal Protection Order
Is a court order confirming an interim protection order, preventing the respondent from harassing the complainant. It will be issued if the court is satisfied that the harassment exists.
CourtGAS COMPLIANCE CERTIFICATE
GAS COMPLIANCE CERTIFICATE: a certificate issued by a registered person stating that any gas appliances present in the property are safe according to the applicable standards.
PropertyGas Compliance Certificate
A certificate issued by a registered person stating that any gas appliances present in the property are safe according to the applicable standards.
PropertyGuardian
Both husband and wife are guardians of a child born from the marriage; the mother of a child born out of wedlock is the guardian, unless the father acquires guardianship, for example, by living in a p...
FamilyGuardianship
Includes safeguarding the child’s property or property interests; representing the child in legal matters; and consenting to marriage, adoption, removal from South Africa, or an application for a pass...
FamilyImmovable Property - What is immovable property?
Is property that cannot be moved, for example, a house, sectional title unit or farm.
PropertyIncestuous Relationship
A sexual relationship between persons who are closely related, for example, brothers and sisters or a father and his daughter.
Indemnity
A person indemnifies another person from liability by giving up his/her right to sue a person when s/he suffers damages, loses something or gets injured.
Independent Contractor
A person (“contractor”) being hired by another person (“contractor”) to do specific work, for example, a contractor undertaking to build, repair or do something (services) within a certain period of t...
ContractINSTALMENT AGREEMENT
INSTALMENT AGREEMENT: when a consumer borrows money to buy, possess and use goods while making payment towards the loan amount, together with interest and/or fees/charges. Ownership will transfer when...
ContractInterim Protection Order
Is a court order confirming temporary protection, prohibiting the respondent from harassing the complainant. It is generally issued on the first day when the complainant applies for a protection order...
CourtInterrupted
The prescription period is broken and will start running afresh.
Intestate
When a person dies without leaving a Will.
Joint and Several Liability
Any joint wrongdoer may be liable for damages and if one joint wrongdoer pays the plaintiff individually, then s/he can claim a contribution from the other joint wrongdoer/s.
CourtJudgment
A decision by a court that resolves a dispute and determines the rights and obligations of the parties (for example, payment of money). A judgment is the final part of a court case.
ContractJURISTIC PERSON
JURISTIC PERSON: includes a partnership, close corporation, company, or other body of persons.
CorporateJust and Equitable
To be fair and reasonable after considering all the relevant facts and circumstances of an application.
Landlord
The owner of the property or a person duly authorised by the owner of the property to be in charge of the property. The landlord may rent out a property to a tenant.
PropertyLease Agreement
A lease agreement is entered into when one person, the landlord, gives use and enjoyment of his/her property (for example, a house, flat or room) to another person, the tenant, for a specific period o...
PropertyLEASE OF GOODS
LEASE OF GOODS: when a consumer possesses and uses goods, while making rental payment together with interest and/or fees
PropertyLegal Aid - What is legal aid?
Not everyone can afford the fees and expenses charged by attorneys. There are different forms of legal aid available to these persons, for example, pro bono legal services, Legal Aid Board, law clinic...
Loan Repayments
Paying back the home loan granted by a bank or other financial institution.
Maintenance Court
A special court dealing with matters relating to maintenance. Every Magistrate’s Court shall be a Maintenance Court.
FamilyMala Fide
With or in bad faith by being intentionally dishonest, by not fulfilling legal or contractual obligations or by misleading another person.
ContractMarriage
A person in South Africa can get married in terms of a civil marriage, customary marriage, religious marriage, or a civil union.
FamilyMARRIAGE IN COMMUNITY OF PROPERTY
there is one estate between the spouses. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors. This ma...
FamilyMarriage in Community of Property
There is one estate between a husband and a wife. Property and debts acquired prior to or during the marriage are shared equally in undivided shares (50%). Both spouses are jointly liable to creditors...
FamilyMARRIAGE OFFICER
a person who is authorised to conclude a marriage between two persons, such as ministers of a religion or a person who is appointed as a marriage officer by the Minister of Home Affairs.
FamilyMarriage Officer
A person who is authorised to conclude a marriage between two persons, such as ministers of a religion or a person who is appointed as a marriage officer by the Minister of Home Affairs.
FamilyMARRIAGE OUT OF COMMUNITY OF PROPERTY WITH THE ACCRUAL SYSTEM
this is identical to a “marriage out of community of property” but the accrual system will be applicable. The accrual system is a formula that is used to calculate how much the larger estate must pay...
FamilyMARRIAGE OUT OF COMMUNITY OF PROPERTY WITHOUT THE ACCRUAL SYSTEM
the spouses have their own estates which contain property and debts acquired prior to and during the marriage (“what is mine is mine and what is yours is yours”). Each spouse is separately liable to h...
FamilyMitigation
Factors given by the employee to convince the chairperson that s/he must not be dismissed, but be given some other sanction. Mitigating circumstances of the employee include his/her length in service;...
EmploymentMortgage Bond
Where immovable property acts as security for a bond agreement between the debtor and a financial institution, such as a bank.
PropertyNATIONAL CREDIT REGULATOR
NATIONAL CREDIT REGULATOR: it is an independent body that regulates the credit industry. It is established in terms of the National Credit Act in order to manage disputes; register credit providers, c...
NATURAL PERSON
NATURAL PERSON: an individual or sole proprietor.
Negligent
The failure to take reasonable care, for example, recklessness.
OMBUDSMAN
OMBUDSMAN: a body that receives and resolves complaints in a specific industry, for example, the Ombudsman for Short-term or Long-term Insurance in the insurance industry or the Ombudsman for Banking...
Operational Reasons
A no-fault dismissal based on economic, structural or similar needs of the employer.
EmploymentOrdinary Course of Business
When a supplier sells goods or renders services to make a living. For example, when Mpho buys an old guitar from his uncle Mike (who is a motor vehicle dealer), it will not be in the ordinary course o...
CorporateParent
The biological father or mother of a child who has full or limited parental rights and responsibilities over his/her child.
FamilyParental Rights and Responsibilities
To care for a child, maintain contact with the child, act as guardian of the child and to contribute to the maintenance of the child.
FamilyPAYMENT DISTRIBUTION AGENCY
PAYMENT DISTRIBUTION AGENCY: an independent third person who monitors the re-payments from a consumer to his/her credit providers.
PERMANENT DISABILITY
PERMANENT DISABILITY: work-related injury or disease that prevents an employee from working, or limits an employee to light duty only. For example, the loss of a limb, or the loss of or limited functi...
EmploymentPerson
PERSON: natural (individuals) or juristic (companies, close corporations, educational and religious institutions, and clubs and societies) person.
Pest Control Certificate
A certificate issued by a registered person stating that the property is free of infestation of wood destroying insects or fungi.
PropertyPlain Language
An ordinary consumer, with an average education and minimal knowledge on the goods or services being advertised, sold or rendered, must be able to, or expected to be able to, understand the words used...
Power of Attorney
A legal document that allows a person to perform a certain act on behalf of another person.
Prodigal
A person who wastes money in an irresponsible and extravagant manner.
Property
A place where a person can live in, for example, a house, room, flat, garage or similar structure built on land used for housing purposes.
PropertyProtection Order
It is an order made by a court that prevents the respondent from causing domestic violence to the complainant and can be interim or final. The protection order may contain certain terms and conditions...
CourtReasonable Person
A test used to decide what a normal person would have done under the circumstances in that particular situation.
RECKLESS CREDIT
RECKLESS CREDIT: failure by a credit provider to conduct an affordability assessment of the consumer; the consumer did not understand or appreciate the costs, risks, and obligations of the credit agre...
ContractReinstatement
The employee will get his/her job back, as if s/he was never retrenched.
EmploymentRental Housing Tribunal
An independent body that resolves disputes between landlords and tenants.
PropertyRepresentations
Suggestions that the consulting employees may come up with in response to certain matters.
EmploymentSanction
Include a written warning, final written warning, suspension without pay or dismissal.
EmploymentSectoral Determination
Minimum terms and conditions for employees in a specific sector and area, for example, taxis, contract cleaning services, domestic workers, civil engineering, learnership, wholesale and retail, farm w...
ContractSECURED LOAN
SECURED LOAN: when the consumer provides something of value as security in exchange for borrowing money from the credit provider.
Sexual Harassment
Unwelcome sexual attention, behaviour, suggestions, messages, or remarks of a sexual nature that offends, intimidates or humiliates the complainant; a promise or reward for sexual deeds; or a sexual t...
PropertySheriff
A court official instructed by the court to serve court documents to a person or attach a person’s property.
PropertySpouses
Persons married in terms of a civil marriage, customary marriage, religious marriage or civil union, which includes same-sex marriages.
FamilySummoned
Written notification to appear in the Tribunal on a certain date and time.
Suspended Warrant of Arrest
A document issued by the court, authorising the police to arrest the respondent. The actual arrest is delayed until the respondent fails to comply with a condition ordered by the court.
CriminalSuspensive Conditions
Conditions included by the buyer or the seller which must be fulfilled for the agreement to become a binding sale agreement. These conditions allow the buyer or the seller to cancel the agreement, wit...
ContractTEMPORARY DISABILITY
TEMPORARY DISABILITY: work-related injury or disease that prevents an employee from working for a period of time, or that limits an employee to light duty for a period of time only.
EmploymentTestator
A person who makes a Will.
Unemployed
An employee who loses his/her work as a result of his/her dismissal, fixed-term contract coming to an end, or the insolvency or death of his/her employer. An employee cannot claim from the UIF if s/he...
ContractUnfair Practice
For example, unacceptable living conditions, such as overcrowding or hygienic issues; non-payment of rent; non-refund of deposit; non-compliance with the Rental Housing Act and so on.
Voluntary Retrenchment - What is voluntary retrenchment?
When the employee enters into an agreement with his/her employer to be retrenched, not to claim unfair dismissal and not to claim additional pay, in return for payment of a retrenchment package which...
PropertyWarrant of Arrest
A document issued by a magistrate or judge of the court, authorising the police to arrest the accused.
CriminalWarrant of Execution
A document instructing the sheriff of the court to attach a person’s property, for example, his/her furniture.
PropertyWhat does it mean when a child is born out of wedlock?
A child whose parents were not married to each other at the time of the child's conception or at any time after the birth of the child.
FamilyWhat does marriage out of community of property with the accrual system mean?
This is identical to a “marriage out of community of property” but the accrual system will be applicable. The accrual system is a formula that is used to calculate how much the larger estate must pay...
FamilyWhat does marriage out of community of property without the accrual system mean?
The spouses have their own estates which contain property and debts acquired prior to and during the marriage (“what is mine is mine and what is yours is yours”). Each spouse is separately liable to h...
FamilyWhat is a Will?
A document in which a person makes sure that his/her belongings are distributed in accordance with his/her wishes after his/her death.
Witness
A person who sees or hears something relevant to the criminal offence before court.
CriminalWork Practices
Something an employer does because s/he wants to, not because s/he has to, for example, holding a year-end function.
EmploymentWrongful
Includes the intention to cause damage or negligence that caused damage.