Legal Terms, Explained Simply

Competition Law TermsTerm

180-day rule

A key PAJA timing rule often linked to when judicial-review proceedings should be started.

A

29 terms

Competition Law

Abuse of dominance

Competition-law conduct where a dominant firm may use market power in a way prohibited by the Competition Act.

Access to courts

The constitutional right to have legal disputes that can be resolved by law decided in a fair public hearing before a court or appropriate forum.

Accused person

A person formally charged in a criminal case and required to answer the charge through the criminal court process.

Action proceedings

Civil court proceedings usually started by summons and generally used where disputes may need pleadings, discovery, witnesses, and a trial.

Administration order

A Magistrates' Court debt-administration order that restructures qualifying debts through a controlled payment process.

Administrative action

A public-power decision or conduct that may be reviewable under administrative-law rules.

Adoption

A Children's Court process that can create a permanent legal parent-child relationship between a child and adoptive parent or parents.

Advocate

A legal practitioner often briefed for specialist court work, opinions, and advocacy.

Affidavit

A written statement confirmed under oath or affirmation and used as evidence, support, or proof in legal and administrative processes.

Affirmative action

Employment-equity measures intended to advance suitably qualified people from designated groups and help address unfair disadvantage in the workplace.

Alternative accommodation

Accommodation considered as a possible relocation or housing option in eviction or occupation matters, especially where vulnerable occupiers or public bodies are involved.

Amendment

A formal change to a pleading, notice, claim, defence, or other court document during civil proceedings.

Annual leave

Paid leave that an employee earns in an annual leave cycle under the Basic Conditions of Employment Act or a more favourable contract or collective agreement.

Annual return

A recurring CIPC filing used by South African companies and close corporations to confirm continued registration and update required information.

Annulment

A legal process that asks a court to declare that a marriage is void or voidable, rather than ending it by divorce.

Antenuptial Contract

A contract signed before marriage to regulate the spouses' matrimonial property system.

Apostille

A certificate used to authenticate the origin of certain public documents for use in another country.

Applicant

The party who starts application proceedings by asking a court for an order or other relief.

Application proceedings

Civil court proceedings usually started by notice of motion and decided mainly on affidavits rather than oral evidence.

Arbitration

Formal labour-dispute hearing where a commissioner hears evidence and can issue a binding arbitration award.

Arbitration Award

The written decision issued after arbitration that records the commissioner or arbitrator's findings and order.

Arrest

The lawful taking of a person into custody by police or another authorised official in connection with an alleged offence or legal process.

Asylum seeker permit

A document issued in the asylum process that records a person's temporary status while an asylum claim is being processed.

Attachment of debts for maintenance

A maintenance-enforcement order that can attach money owed to the person who failed to comply with a maintenance order.

Attachment of emoluments for maintenance

A maintenance-enforcement order requiring deductions from salary, wages, or similar earnings to pay maintenance arrears or ongoing maintenance.

Attachment of immovable property

A debt-enforcement step where a sheriff attaches land or buildings under a court process, usually after a judgment or enforceable order.

Attachment of movable property

A debt-enforcement step where a sheriff attaches movable assets such as vehicles, equipment, or other goods under a court process.

Attorney

A legal practitioner who commonly works directly with clients and law firms.

Automatically Unfair Dismissal

A serious dismissal category where the reason for dismissal is prohibited by labour law, such as certain protected rights or discriminatory reasons.

B

18 terms

Bail

A legal process that may allow an arrested or accused person to be released from custody while the criminal case continues, usually subject to conditions.

Bail appeal

A legal challenge to a bail decision, usually where bail was refused or bail conditions are disputed.

Bargaining council

A statutory labour-relations body for a sector or industry that can regulate collective agreements and may handle certain workplace disputes.

Basic Conditions of Employment Act

South Africa's main employment statute setting minimum conditions for many workers, including hours, leave, pay records, notice, deductions, and related basic rights.

Beneficial owner of a trust

A person or category of person who must be recorded as having beneficial ownership or control connected to a trust under trust, anti-money-laundering, SARS, or Master reporting rules.

Beneficial ownership

Information about the natural persons who ultimately own, control, or benefit from a company or close corporation.

Beneficiary

A person or entity entitled to benefit under a will, trust, estate, policy, nomination, or other legal arrangement.

Benefits dispute

A workplace dispute about employment benefits such as pension, medical aid, allowances, bonuses, leave-related benefits, or other benefits linked to the employment relationship.

Best interests of the child

A child-focused legal standard requiring decisions about children to prioritise the child's welfare, safety, development, and circumstances.

Bill of Rights

The chapter of the South African Constitution that sets out fundamental rights and binds the state and, in some cases, private parties.

Board resolution

A formal decision recorded by a company's board of directors under the company's governance rules.

Body corporate

The legal body made up of sectional-title owners in a scheme, responsible for scheme administration, common property, levies, rules, and trustee governance.

Bond cancellation

The conveyancing process of cancelling a registered mortgage bond at the Deeds Office, usually when property is sold or a bond is settled.

Bond cancellation attorney

A conveyancing attorney instructed to cancel an existing registered mortgage bond at the Deeds Office.

Bond registration attorney

A conveyancing attorney instructed by a bank or lender to prepare and register a mortgage bond over immovable property.

Breach of contract

A failure to perform a contractual obligation, or performance that does not match what the contract requires.

Breach of protection order

A possible violation of the terms of a protection order, which may trigger police, court, or criminal-law steps depending on the order and facts.

Business rescue

A Companies Act process intended to rehabilitate a financially distressed company under supervision of a business rescue practitioner.

C

61 terms

Capital gains tax

Tax that can arise when a capital asset is disposed of and a taxable capital gain is included in taxable income under South African tax law.

Care of a child

A parental responsibility and right concerning a child's day-to-day care, living arrangements, supervision, safety, and wellbeing.

Causation

The legal and factual link between conduct and harm; in medical-negligence matters it asks whether the treatment issue caused the injury or loss claimed.

AliasesCommission for Conciliation, Mediation and Arbitration

CCMA

South Africa's statutory labour-dispute body for many workplace disputes, including conciliation and certain arbitrations.

CCMA rescission

A CCMA process asking for an award or ruling to be cancelled or changed in legally recognised circumstances, often where a party was absent or there was a procedural problem.

CCMA Review

A Labour Court process used to challenge a CCMA arbitration award on review grounds rather than rehearing the case from the beginning.

Certificate of outcome

A document issued after conciliation showing whether a labour dispute was resolved or remained unresolved, often affecting the next step.

Certified Copy

A copy marked or certified to confirm that it matches the original document shown to the certifier.

Charge sheet

A criminal court document that sets out the charge or charges an accused person must answer.

Child

In South African family-law and children's-rights context, a child is generally a person under 18 years of age.

Child abduction

The wrongful removal or retention of a child, often across borders, in a way that may trigger urgent family-law, Children's Court, or Hague Convention steps.

Child and youth care centre

A registered residential care facility for children who need placement, care, protection, treatment, or developmental support under child-protection law.

Child exposed to domestic violence

A child who has seen, heard, experienced, or been affected by domestic violence in a home or family setting.

Child in need of care and protection

A Children's Act concept used where a child may need court, social-work, or state protection because of risk, neglect, abuse, abandonment, exploitation, or lack of proper care.

Child Maintenance

Financial support that parents or responsible persons may need to provide for a child's needs.

Children's Court

A specialist court that deals with child-protection, care, guardianship, foster-care, and other Children's Act matters.

Civil appeal

A process asking a higher court or appeal court to reconsider a civil judgment or order.

Civil review

A civil court process used to review a decision, proceeding, record, or exercise of power rather than rehear the full merits as an appeal.

Civil trial

A court hearing in action proceedings where evidence, witnesses, documents, and legal argument are used to decide a civil dispute.

Claim in reconvention

A defendant's counterclaim against the plaintiff in the same civil action.

Claim repudiation

An insurer's decision to reject or decline an insurance claim, usually based on policy wording, exclusions, non-disclosure, premium issues, or disputed facts.

Clearing

The exchange and processing of payment instructions between financial institutions before final settlement takes place.

Codicil

A document that amends, adds to, or confirms part of an existing will while leaving the rest of the will in place.

Coercive behaviour

Controlling, threatening, pressuring, or intimidating conduct that restricts another person's choices or safety in a domestic or family context.

COIDA

The Compensation for Occupational Injuries and Diseases Act framework for workplace injury and occupational disease compensation claims in South Africa.

Combined summons

A summons that includes or attaches the particulars of claim setting out the plaintiff's case.

Commercial Lawyer

Commercial Lawyer describes legal help linked to commercial law, including matters such as contracts, business disputes, and company matters.

Commissioner of Oaths

A person authorised to administer oaths, affirmations, and commission certain sworn documents.

Common property

The parts of a sectional-title scheme that are not individual sections and are generally shared, administered, or controlled through the body corporate.

Company registration

The incorporation or registration of a company with CIPC so that it exists as a juristic person under South African company law.

Complainant in domestic violence

The person who applies for protection or reports domestic violence under the domestic-violence protection framework.

Con-arb

A CCMA or bargaining-council process where conciliation and arbitration are scheduled together so arbitration may follow immediately if conciliation does not resolve the dispute.

Conciliation

Settlement-focused CCMA or bargaining-council step where a commissioner helps the parties try to resolve a labour dispute.

Condonation

A request for permission to continue with a labour or court process after a deadline was missed.

Conduct rules

Rules in a sectional-title or community scheme that regulate owner, occupier, and tenant conduct in the scheme.

Consent judgment

A judgment or court order granted because the parties agree to it, often after settlement or admission of liability.

Consolidation

A procedural step where related cases or proceedings are combined or dealt with together because they overlap in parties, facts, issues, or evidence.

Constructive Dismissal

A dismissal claim based on resignation where the employee says the employer made continued employment intolerable.

Consultation Fee

Fee charged for an initial or follow-up meeting with a legal professional.

Consumer complaint

A complaint by a consumer about goods, services, billing, refunds, misleading conduct, defective products, or another consumer-rights issue.

Contact with a child

A parental responsibility and right involving communication, visits, or personal interaction with a child.

Contested Divorce

A divorce where the spouses do not agree on one or more material issues.

Controlling behaviour

A pattern of conduct in a domestic relationship that restricts a person's movement, choices, contact with others, money, communication, or daily life.

Conveyancer

An admitted attorney who is also admitted and enrolled to prepare and register property-transfer and deeds documents.

The attorney-led legal process for transferring registered ownership of immovable property.

Conveyancing Attorney

Conveyancing Attorney describes legal help linked to conveyancing, including matters such as property transfer, bond registration, and deeds office steps.

Cooling-off period

A limited period in which a consumer may be allowed to cancel certain transactions, depending on the law and transaction type.

Copyright

A form of intellectual property protection for qualifying original works such as literary, artistic, musical, film, sound recording, broadcast, programme-carrying signal, and computer-program works.

Costs order

A court order deciding who must pay legal costs, or part of the legal costs, connected to a case or application.

Credit agreement

An agreement under which credit, a loan, deferred payment, or another regulated credit arrangement may be provided.

Credit bureau

An organisation that keeps and reports credit information used by lenders and other authorised users.

Credit provider

A person or institution that provides credit under a credit agreement.

Criminal appeal

A court process used to challenge a criminal conviction, sentence, or both, depending on the procedural route and facts.

Criminal Lawyer

Criminal Lawyer describes legal help linked to criminal law, including matters such as arrest, bail, and criminal charges.

Criminal record

An official record linked to a person's criminal conviction history, usually connected to fingerprints, court outcomes, and police record systems.

Criminal sentence

The punishment or order imposed by a criminal court after conviction, based on the offence, facts, law, and personal circumstances.

Critical skills visa

A South African work visa route for people whose qualifications or occupation fall within the recognised critical-skills framework.

CSOS dispute

A community-scheme dispute that may be taken to the Community Schemes Ombud Service, including many sectional-title, HOA, and community-scheme issues.

Curator

A person appointed to manage or protect another person's property, affairs, or interests where the law or a court process requires it.

Customer due diligence

Checks used to identify and understand a client, transaction, beneficial owner, or risk profile.

Customs duty

A duty imposed on certain imported goods under South Africa's customs and excise framework, usually based on tariff classification, value, origin, and applicable schedules.

D

36 terms

Damages

Money claimed or awarded as compensation for legally recognised loss, harm, injury, or expense caused by another party's wrongful conduct.

Data processing agreement

A contract that sets out how one party may process personal information for or with another party.

Debt counsellor

A person registered with the National Credit Regulator to assist over-indebted consumers through the debt-review process.

Debt rearrangement order

A court or tribunal order that rearranges qualifying credit-agreement repayments in a debt-review process.

Debt review

A National Credit Act process for over-indebted consumers to have qualifying credit agreements assessed and restructured through a debt counsellor and court-related process.

Deceased estate

The assets, liabilities, documents, and administration process that must be dealt with after a person dies.

Declaration

A formal statement in civil proceedings, often a pleading or requested declaratory outcome, that sets out facts, rights, obligations, or relief.

Decree Of Divorce

The court order that formally confirms a divorce has been granted.

Deductions from remuneration

Amounts taken off an employee's pay, which must be checked against the BCEA, written agreements, law, court orders, payroll records, and the reason for the deduction.

Deed Of Transfer

The deed prepared and registered to transfer ownership of immovable property from one owner to another.

Deeds Office

The public registry where deeds, property transfers, bonds, and certain real rights in immovable property are registered.

Deeds Office fees

Official fees charged for deeds registration or related Deeds Office processes, separate from professional conveyancing fees.

Deeds search

A search of Deeds Registry information to check registered property, ownership, title deed, bond, or related deeds information.

DeedsWEB

An electronic deeds-information access service used to search South African Deeds Registry information.

Default Judgment

A judgment granted when a party does not respond, defend, or take a required court step in time.

Defective goods

Goods that do not meet expected standards of quality, safety, durability, usability, or fitness for purpose under consumer-law principles.

Defendant

The party against whom a civil action or claim is brought.

Demotion

A workplace change where an employee is moved to a lower position, lower grade, reduced responsibility level, or lower remuneration structure.

Deportation

A legal process through which a foreign national may be required to leave South Africa because of immigration-status or enforcement issues.

Direct marketing

Marketing directed to a person through channels such as calls, messages, email, or other direct approaches, subject to consumer and privacy rules.

Director

A person appointed to manage or help manage the business and affairs of a company under the Companies Act framework.

Discharge of maintenance order

A Maintenance Court process that ends an existing maintenance order where the legal and factual basis for ending it is proved.

Disciplinary Hearing

A workplace process used to hear allegations of misconduct or other disciplinary issues before an outcome is decided.

Discovery

A litigation process where parties identify and exchange documents or records relevant to issues in the case.

Dismissal For Misconduct

Termination of employment because the employer alleges misconduct by the employee.

Distribution agreement

A commercial contract where one party supplies products or services for another party to distribute, resell, or place in a market.

Diversion

A criminal-justice process that may route a qualifying matter away from ordinary prosecution or trial, often with conditions or a programme.

Dividends tax

A tax connected to dividends paid by companies, usually withheld by the company or regulated intermediary under South African tax rules.

Divorce

The legal process that ends a civil marriage or qualifying marriage through a court order.

Divorce Lawyer

Divorce Lawyer describes legal help linked to family law, including matters such as divorce, settlement, and parenting and maintenance.

Divorce Settlement Agreement

The written agreement that records the terms spouses want the court to make part of a divorce order.

Document Authentication

The process of confirming a document, signature, public official status, or notarial act for official or overseas use.

Domestic relationship

A relationship category that can bring a matter within domestic-violence protection-order law.

Domestic violence

Abusive, threatening, controlling, or harmful conduct within a domestic relationship that may justify protection-order, police, safety, or court steps.

Domestic violence safety monitoring notice

A domestic-violence process notice connected to monitoring safety risk, compliance, or protection steps after domestic-violence information reaches the justice system.

Duty of support

A legal duty to provide support where the law recognises a family or dependency relationship, often involving parents, children, spouses, or estates.

E

21 terms

Economic abuse

Domestic-violence conduct involving control, deprivation, or interference with money, property, income, housing, necessities, or financial independence.

Electricity generation licence

A regulatory authorisation connected to electricity generation activities where licensing is required under South Africa's electricity regulation framework.

Electronic communications direction

A court-related direction that may be used to deal with abusive, threatening, or harassing electronic communication in a domestic-violence or protection-order process.

Embedded generation

Electricity generation that is connected close to the user's site or distribution network, often for own use, supply, or project-specific offtake arrangements.

Emoluments attachment order

A court order that allows deductions from a judgment debtor's salary or wages to satisfy a debt, often called an EAO.

Emotional abuse

Abusive conduct that harms, intimidates, humiliates, controls, threatens, or undermines a person's emotional or psychological wellbeing in a domestic relationship.

Employment equity plan

A workplace plan used by a designated employer to set employment-equity objectives, measures, responsibilities, and timeframes under South African employment-equity law.

Employment Lawyer

Employment Lawyer describes legal help linked to labour law, including matters such as employment disputes, contracts, and workplace rights.

Environmental authorisation

Regulatory approval that may be required before listed activities with environmental impacts can lawfully start.

Equal pay for equal value

An employment-equity principle concerned with whether employees performing the same, similar, or equal-value work are paid differently for unfair or discriminatory reasons.

Equality

The constitutional principle that everyone is equal before the law and has the right to equal protection and benefit of the law.

ESTA occupier

An occupier whose rights or eviction route may be governed by the Extension of Security of Tenure Act, usually in rural or agricultural land contexts.

Estate agent commission

Payment claimed by an estate agent or property practitioner for services connected to a sale, lease, mandate, introduction, or transaction.

Estate duty

A tax that can be levied on a deceased estate where the estate is dutiable under South African estate duty rules.

Eviction order

A court order authorising eviction after the court has considered the required legal process, notices, occupation facts, and relevant circumstances.

Exception

A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.

Exclusive use area

A part of a sectional-title scheme reserved for the exclusive use of a particular owner or section, such as a parking bay, garden, balcony, or storage area.

Execution

The court-enforcement process used to give effect to a judgment or order, often through a sheriff, warrant, writ, attachment, or sale process.

Executor

A person or institution appointed by the Master to administer a deceased estate and deal with estate assets, debts, and distribution.

Exploration right

A statutory right connected to exploration for petroleum or related resources before production, subject to South African mineral and petroleum regulation.

Expungement

A legal process for removing or clearing a qualifying criminal record from official record systems, subject to statutory requirements.

F

16 terms

Fair trial

The constitutional right of an accused person to have criminal proceedings conducted lawfully, openly, and fairly.

Family Advocate

An official office that assists courts with family matters involving children, care, contact, guardianship, and best interests.

Family Counsellor

A professional in the Office of the Family Advocate who assists with enquiries and recommendations in child-related family-law disputes.

Family Lawyer

Family Lawyer describes legal help linked to family law, including matters such as maintenance, parenting arrangements, and family disputes.

Family responsibility leave

A statutory leave category that may apply when an employee needs leave for certain family-related events recognised by South African employment law.

FICA compliance

Compliance with South Africa's anti-money-laundering and counter-terrorist-financing requirements under FICA.

Fidelity Fund Certificate

A certificate linked to property-practitioner regulation, showing that a property practitioner or firm has met the Fidelity Fund requirements for the relevant period.

Final protection order

A court-confirmed protection order that remains in force after the court has considered whether protection terms should be made final.

Financial enquiry

A court-related enquiry into a judgment debtor's financial position, usually to understand income, expenses, assets, debts, and possible payment arrangements.

Financial services provider

A person or business authorised to provide certain financial advice or intermediary services.

Fixtures and fittings

Items connected to a property that may need to be identified as included or excluded in a sale agreement.

Foster care

A Children's Court-supervised placement where a child is placed in the care of a foster parent or suitable caregiver under the child-protection framework.

Founding affidavit

The main affidavit used by an applicant to start application proceedings and set out the facts, documents, and relief requested.

Franchise agreement

A commercial agreement that gives a franchisee the right to operate a business using the franchisor's brand, system, and support framework.

Freedom and security of the person

A constitutional right protecting personal freedom, bodily security, and related protections against certain forms of violence, detention, or control.

Fundamental transaction

A major company transaction under the Companies Act framework, such as a significant disposal, merger, amalgamation, or scheme arrangement.

G

5 terms

Garnishee order

A common name for a court-backed salary or debt deduction process, often used loosely for an emoluments attachment order.

General damages

Compensation for non-financial harm such as pain, suffering, loss of amenities, disfigurement, or emotional impact in a qualifying injury claim.

General work visa

A South African temporary residence work visa route linked to employment where the applicant does not rely on the critical-skills or intra-company transfer categories.

Guardians Fund

A fund administered by the Master that can receive and administer money for minors, missing persons, unborn heirs, and other protected beneficiaries in recognised situations.

Guardianship

A parental responsibility and right involving major decisions and legal authority for a child.

H

6 terms

Harassment in domestic violence

Repeated or unwanted conduct in a domestic relationship that intimidates, threatens, follows, contacts, monitors, or causes fear or harm.

Heir

A person who inherits or may inherit from a deceased estate, whether through a valid will or the rules of intestate succession.

High Court

A superior court that hears serious civil matters, some appeals, reviews, and matters assigned to it by law.

HOA consent

Approval required from a homeowners association before certain sales, transfers, building changes, rentals, or estate-controlled actions can proceed.

HPCSA complaint

A complaint made to the Health Professions Council of South Africa about the conduct, ethics, or professional practice of a registered health practitioner.

Human dignity

A foundational constitutional value and right recognising every person's inherent worth and the right to have that dignity respected and protected.

I

17 terms

Immigration Lawyer

Immigration Lawyer describes legal help linked to immigration law, including matters such as visas, permits, and residence applications.

Implied warranty of quality

A consumer-law protection that goods should meet required quality, safety, and usefulness standards even if the supplier did not give a separate written warranty.

Incapacity dismissal

A dismissal route considered when an employee is allegedly unable to perform work because of ill health, injury, poor performance, or another incapacity-related reason.

Income tax

Tax on taxable income, administered by SARS under South African tax law for individuals, companies, trusts, and other taxpayers.

Informed consent

Consent to healthcare treatment given after the patient receives enough relevant information about the treatment, material risks, alternatives, and likely consequences.

Insurance exclusion

A policy clause that removes or limits cover for certain losses, causes, conduct, items, periods, or circumstances.

Insurance premium

The amount paid to an insurer to keep an insurance policy active, usually monthly, annually, or according to the policy schedule.

Insurer

A licensed business that undertakes insurance risk and may accept premiums, issue policies, assess claims, and pay or reject claims according to the policy and law.

Inter vivos trust

A trust created between living persons, usually through a trust deed and administered by trustees under the Trust Property Control Act framework.

Interdict

A court order that requires someone to do something, stop doing something, or refrain from threatened conduct.

Interim protection order

A temporary protection order granted before the court decides whether to make protection terms final.

Internal remedy

An appeal, objection, review, complaint, or other process inside the decision-making system that may need to be used before going to court.

Intervention

A procedure where a person who is not yet a party asks to join existing court proceedings because the case may affect their rights or interests.

Intestate succession

The default inheritance rules that apply when a person dies without a valid will, or where a valid will does not deal with all estate property.

Invalid will

A will that cannot be accepted or fully relied on because a legal requirement, capacity issue, revocation issue, or other defect affects its validity.

IP licence

An agreement that allows another person or business to use intellectual property under defined terms, without necessarily transferring ownership.

Irretrievable breakdown

A divorce-law ground describing a marriage relationship that has broken down so seriously that it cannot reasonably be restored.

J

8 terms

Joinder

The procedural joining of an additional party to existing court proceedings because that party should be involved in the dispute.

Judgment

A court's decision, reasons, or final outcome in a case, often followed by an order that can affect rights or obligations.

Judgment creditor

A person or entity in whose favour a court has granted judgment and who may be entitled to enforce that judgment.

Judgment debtor

A person or entity against whom a court has granted judgment requiring payment, performance, or another enforceable obligation.

Judicial review

A court process used to ask a court to review the lawfulness, fairness, or rationality of certain decisions.

Jurisdiction

The legal authority of a court, tribunal, or decision-maker to hear a matter and make a binding decision.

Just administrative action

The constitutional and administrative-law standard that administrative decisions should be lawful, reasonable, and procedurally fair.

Just and equitable eviction

A fairness assessment used by a court in eviction matters, including whether eviction is legally justified and what timing or conditions may be appropriate.

L

28 terms

Labour Appeal Court

A specialist superior court that hears appeals and related labour matters from the Labour Court in South Africa.

Labour Court

A specialist South African court that hears labour and employment matters, including many reviews and urgent labour disputes.

Labour Lawyer

Labour Lawyer describes legal help linked to labour law, including matters such as dismissal, CCMA disputes, and workplace discipline.

Law Firm

Legal practice through which one or more legal professionals provide legal services.

Law Firm Directory

Searchable listing that helps users compare law firms by location, service area, and firm profile information.

Lawyer

General word people use for a person who provides legal services, including attorneys and advocates.

Lawyer Directory

Searchable listing that helps users compare lawyers by legal issue, location, and profile information.

Lay-by agreement

A consumer arrangement where goods are reserved while the consumer pays over time before taking delivery.

Laying-in expenses

Birth-related and pregnancy-related expenses that may be considered in a maintenance matter, especially where support connected to a child's birth is disputed.

Lease cancellation

The ending of a lease agreement according to the contract, notice, breach, law, or agreed termination route.

Legal Practice Council

South Africa's statutory regulator for legal practitioners.

Legal Practitioner

Formal regulatory term for admitted and enrolled attorneys and advocates.

Legal separation

A practical separation between spouses who remain legally married; in South Africa, divorce is the court process that legally ends the marriage.

Professional help with legal rights, disputes, documents, advice, representation, or transactions.

Legality review

A constitutional review route used to test whether public power was exercised lawfully, rationally, and within legal authority.

Letter of authority

A document issued by the Master that authorises a person to administer a qualifying estate where full letters of executorship are not required.

Letter of Demand

A written demand asking someone to pay, perform, or fix a breach before further legal steps are considered.

Letter of executorship

The Master's document appointing and authorising an executor to administer a deceased estate.

Levy arrears

Unpaid levies or related amounts owed to a body corporate, homeowners association, or community scheme.

Levy clearance certificate

A clearance confirmation linked to sectional-title or community-scheme levies before transfer can proceed.

Liquidation

A legal process for winding up a company or close corporation, collecting assets, dealing with creditors, and ending or resolving the entity's affairs.

Liquidation and distribution account

The estate account prepared by or for the executor, setting out estate assets, liabilities, administration costs, and how the estate will be distributed.

Lodgement

The submission of deeds and supporting documents to the Deeds Office for examination and registration.

Long-term insurance

Insurance commonly linked to life, disability, income protection, funeral, investment-linked, or similar long-term risk products.

Loss of income

A claim for income that was lost, reduced, or may be lost in future because an injury affected a person's ability to work or earn.

Loss of support

A dependant's claim for financial support that has been lost because a person who provided support died or can no longer provide that support after an accident.

LRA Form 7.11

The CCMA referral form commonly used to start many dismissal, unfair labour practice, and workplace-dispute referrals.

LRA Form 7.13

A CCMA form commonly connected to applying for variation or rescission of an arbitration award or ruling under the labour dispute process.

M

21 terms

Magistrates Court

A lower court that hears many civil and criminal matters within jurisdiction set by law.

Maintenance Arrears

Maintenance amounts that are due under an agreement or order but have not been paid.

Maintenance complaint

A Maintenance Court process used to ask for maintenance, enforce maintenance, or change an existing maintenance arrangement.

Maintenance Court

The court process used for maintenance applications, enquiries, variation, and enforcement.

Maintenance enquiry

A Maintenance Court enquiry into whether maintenance should be ordered, changed, enforced, suspended, or discharged based on the parties' circumstances.

Maintenance investigator

A maintenance-process official who gathers information about income, employment, residence, assets, payment history, or financial circumstances for a Maintenance Court matter.

Maintenance officer

A Maintenance Court official who receives, screens, investigates, and helps process maintenance complaints, enquiries, variation requests, and enforcement steps.

Maintenance Order

A court order that requires a person to pay maintenance for a child, spouse, or another qualifying dependant.

Maintenance warrant of execution

A Maintenance Court enforcement document that authorises attachment or execution steps to recover unpaid maintenance where the legal requirements are met.

Management rules

Rules that regulate the administration and governance of a sectional-title scheme, including meetings, trustees, finances, levies, and body corporate management.

Mandament van spolie

A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.

Mandatory disclosure form

A property disclosure document used to record known defects and property-condition information in many residential sale or lease processes.

Maternity leave

Leave connected to pregnancy and childbirth, protected under the Basic Conditions of Employment Act and related employment and UIF frameworks.

Medical negligence

A possible legal claim where healthcare treatment may have fallen below the required standard and caused harm or loss.

Medical records

Clinical and administrative records created during healthcare treatment, such as notes, consent forms, test results, referral letters, imaging, prescriptions, and discharge summaries.

Competition Law TermsTerm

Memorandum of Incorporation

A company's founding constitutional document that sets out its governance rules, powers, rights, and internal arrangements under the Companies Act.

Competition Law

Merger notification

A competition-law filing made to notify competition authorities of a merger that may require approval before implementation.

Merits and quantum

Two broad parts of a claim: merits deal with liability or who is legally responsible, while quantum deals with the amount or value of the claim.

Mine health and safety

The legal and operational framework for protecting health and safety at mines, including duties, inspections, incidents, instructions, and worker participation.

Mining right

A statutory right authorising mining of minerals in terms of South Africa's mineral and petroleum resources framework, subject to conditions and approvals.

Mortgage bond

A registered security right over immovable property used to secure repayment of a loan or other obligation.

N

8 terms

National Minimum Wage

The legally prescribed minimum hourly wage floor for covered workers in South Africa, updated by official notice and subject to category rules.

National Payment System

South Africa's regulated framework for payment, clearing, and settlement between financial-system participants.

NERSA registration

Registration with the National Energy Regulator of South Africa for electricity activities where registration is required instead of, or before confirming, a full licence route.

Legal services involving notarial execution, notarisation, authentication, and specialised notarial documents.

Notary

An attorney who has been admitted and enrolled to perform notarial acts.

Notice Of Intention To Defend

A formal notice that tells the plaintiff and court that the defendant intends to defend a civil claim.

Notice Of Motion

The court document that tells the other party what order is requested in an application.

Notice period

The period of warning required before employment ends, unless the law, contract, collective agreement, or dismissal circumstances allow a different outcome.

O

10 terms

Occupation date

The date from which a buyer, seller, tenant, or other party may occupy the property under the sale agreement or related arrangement.

Occupational detriment

Workplace harm or disadvantage suffered by a worker because of a protected disclosure, complaint, or legally protected workplace conduct.

Occupational rent

An amount payable for occupying a property before or after transfer when occupation and registration do not happen on the same date.

Offer to purchase

A written property offer that can become a binding sale agreement once accepted, depending on its terms and signatures.

Offer to settle

A proposal made to resolve a dispute on stated terms before or during court proceedings.

Operational Requirements

Economic, technological, structural, or similar employer needs that may form the basis for retrenchment.

Opposing affidavit

An affidavit filed by a respondent or opposing party to answer the allegations and relief requested in application proceedings.

Ordinary hours of work

The normal working hours agreed or regulated before overtime, rest-period, sectoral, or special working-time rules are applied.

Overstay

Remaining in South Africa after the authorised visa, permit, or status period has expired.

Overtime

Work performed beyond ordinary working hours, where payment, time off, consent, and limits must be checked against the BCEA, contract, and sector rules.

P

37 terms

Parental leave

A statutory leave category for a parent of a child, separate from maternity leave and other family-related leave categories.

Parental responsibilities and rights

The Children's Act framework for a parent's responsibilities and rights toward a child, including care, contact, guardianship, and support duties.

Parenting Plan

A written plan that records care, contact, and parental-responsibility arrangements for a child.

Particulars Of Claim

The pleading that sets out the main facts, legal basis, and relief claimed in a civil action.

Passing off

A common-law intellectual-property claim used where one business misrepresents its goods, services, or brand in a way that may confuse the public and damage another business's goodwill.

Patent

A registered intellectual property right for an invention that meets the legal requirements for patent protection.

Patient confidentiality

The duty to protect a patient's private health information and disclose it only where the law, consent, professional rules, or recognised exceptions allow it.

PAYE

Pay As You Earn, the employees' tax system where an employer deducts or withholds tax from remuneration and pays it to SARS.

Payment settlement

The final discharge of payment obligations between participants after payment instructions have been cleared and settled through the relevant payment system.

Permanent residence permit

A Home Affairs status allowing a qualifying foreign national to reside in South Africa permanently, subject to the relevant legal category and conditions.

Physical abuse

Domestic-violence conduct involving physical harm, assault, threats of physical harm, or conduct that puts a person's bodily safety at risk.

PIE notice

A notice connected to eviction proceedings under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Plaintiff

The party who starts civil action proceedings by issuing summons against a defendant.

Plea in civil proceedings

A formal pleading where a defendant answers the plaintiff's particulars of claim in action proceedings.

Plea in criminal court

The accused person's formal answer to a criminal charge, commonly guilty or not guilty, recorded in court.

Policyholder

The person or entity that owns or holds rights under an insurance policy, subject to the policy terms and applicable insurance rules.

Policyholder Protection Rules

Market-conduct rules that regulate how insurers treat policyholders, including disclosure, communication, claims, complaints, and fair treatment duties.

Poor Performance Dismissal

Dismissal based on an allegation that the employee failed to meet reasonable performance standards.

Power purchase agreement

A contract for the sale and purchase of electricity between a generator and an offtaker, buyer, trader, utility, municipality, or other contracting party.

Pre-trial conference

A procedural meeting or process before trial where parties narrow issues, plan evidence, and prepare the matter for hearing.

Precautionary suspension

A temporary workplace suspension used while an employer investigates allegations or manages workplace risk before a final disciplinary outcome.

Prescribed officer

A senior company officer who may be treated similarly to a director for certain Companies Act duties and liability questions.

Prescription

A legal time-limit concept that can prevent a claim from being pursued if the relevant period has expired.

Private company

A company type commonly used for South African businesses, usually identified by '(Pty) Ltd' and regulated under the Companies Act.

Probation dispute

A workplace dispute about how an employee's probation period was managed, extended, assessed, or used in a dismissal decision.

Procedural fairness in administrative law

The fairness of the process followed before or during an administrative decision.

Procedural Fairness In Dismissal

The fairness of the process followed before dismissal.

Product recall

A safety or compliance process where defective, unsafe, or non-compliant goods are removed, repaired, replaced, or otherwise addressed.

Promotion dispute

A workplace dispute about an appointment, promotion, acting role, or advancement opportunity where an employee says the process or outcome was unfair.

Property Lawyer

Property Lawyer describes legal help linked to conveyancing, including matters such as property transfers, leases, and property disputes.

Property practitioner

A regulated property-sector role that can include estate agents and other property practitioners under South African property-practitioner legislation.

Property registration

The formal registration of ownership, transfer, bond, or another real right in immovable property at the Deeds Office.

Prospecting right

A statutory right allowing mineral prospecting activities before mining, subject to South African mineral regulation and approval conditions.

Protected disclosure

A disclosure by a worker about certain wrongdoing or risk that may receive legal protection when made through recognised channels and in the required circumstances.

Protection order

A court order that restricts abusive, threatening, harassing, or harmful conduct and can set conditions to protect a complainant or affected person.

Provisional sentence

A summary civil procedure linked to a liquid document where a creditor seeks quick provisional judgment unless the debtor shows a defence.

Provisional tax

A method of paying income tax in advance during the year of assessment, based on estimated taxable income rather than a separate kind of tax.

R

25 terms

RAF 1 claim form

The Road Accident Fund claim form used to submit key claimant, accident, injury, medical, and compensation information for a RAF claim.

RAF 3 accident report

An accident report form or record connected to Road Accident Fund claims, used to capture collision details and supporting information.

RAF 4 serious injury assessment

The serious injury assessment report used in RAF matters to support whether an injury qualifies as serious for general damages purposes.

Rates clearance certificate

A municipal certificate confirming that rates, taxes, and related municipal amounts required for transfer have been dealt with.

Real right

A legal right connected to property that can bind the property itself, often recorded or protected through registration, title conditions, or recognised property-law rules.

Reckless credit

Credit that may have been granted without proper affordability checks or in circumstances restricted by the National Credit Act.

Refugee status

A protection status granted through the refugee process where the legal requirements for recognition as a refugee are met.

Registered design

A form of intellectual-property protection for the appearance, shape, pattern, configuration, or ornamentation of an article that has been registered under South African design law.

Reinstatement of credit agreement

The restoration of a defaulted credit agreement after arrears and legally permitted enforcement costs are dealt with before the applicable cut-off point.

Relative visa

A South African temporary residence visa route for a qualifying foreign national who is an immediate family member of a South African citizen or permanent resident.

Relocation with a child

A child-related family-law issue where moving a child may affect care, contact, guardianship, schooling, stability, or another parent's parental responsibilities and rights.

Removal of trustee

The legal process or decision that ends a trustee's authority to act for a trust, either through the Master, a court, the trust deed, or other lawful basis.

Rental Housing Tribunal

A provincial tribunal route for certain landlord and tenant disputes under South Africa's rental housing framework.

Replication

A pleading by a plaintiff that replies to new matters or special defences raised in the defendant's plea.

Replying affidavit

An affidavit filed by an applicant to answer the respondent's answering affidavit in application proceedings.

Report an estate

The process of notifying the Master about a deceased estate and submitting the documents needed to open the estate file.

Repossession of goods

The recovery of financed or secured movable goods, such as a vehicle, when a debtor is in default or enforcement steps are being taken.

Rescission of judgment

A court process used to ask for a judgment, often a default judgment, to be set aside.

Respondent

A party against whom application proceedings, review proceedings, appeal proceedings, or certain tribunal proceedings are brought.

Respondent in domestic violence

The person against whom a domestic-violence protection order or related domestic-violence relief is sought.

Restraint of trade

A contractual clause that limits a person's ability to work, trade, compete, solicit clients, or use confidential information after a relationship ends.

Retrenchment

No-fault dismissal based on an employer's operational requirements, such as economic, structural, technological, or similar business needs.

Return of service

The sheriff's written record showing how, when, and where court papers were served.

Right to remain silent

A constitutional protection that allows a suspect, arrested person, or accused person not to answer questions or testify in certain criminal-process contexts.

Road Accident Fund

The statutory fund that deals with qualifying compensation claims arising from road accidents in South Africa.

S

38 terms

Sale in execution

A sheriff-led sale of attached property to satisfy a court judgment or enforceable debt process.

Schedule 5 offence

A category of serious offence listed in Schedule 5 of the Criminal Procedure Act, often relevant to bail procedure and the burden of showing release should be granted.

Schedule 6 offence

A category of very serious offence listed in Schedule 6 of the Criminal Procedure Act, often linked to stricter bail requirements.

Section 129 Notice

A notice under the National Credit Act that may be required before a credit provider starts certain debt-enforcement steps.

Section 189 Consultation

The consultation process used before many operational-requirements dismissals.

Section 189A facilitation

A facilitated consultation process for certain large-scale retrenchment matters under section 189A of the Labour Relations Act.

Sectional title

A property ownership structure where individual sections are separately owned while common property is shared through a body corporate.

Sectional title unit

A separately owned section in a sectional-title scheme, usually linked to an undivided share in common property and scheme rules.

Serious injury

An injury that meets the serious-injury assessment requirements used in certain RAF general-damages claims.

Service of process

The formal delivery of court papers or legal documents in a way recognised by court rules.

Servitude

A right allowing certain use of, access over, or restrictions on land, usually affecting the property and often appearing in title or deeds records.

Set down

The procedural step of placing a matter on a court roll so it can be heard on a specific date.

Settlement agreement

A written agreement recording the terms on which parties resolve a workplace dispute, claim, disciplinary matter, retrenchment issue, or CCMA/Labour Court process.

Severance Pay

Payment that may be due when an employee is dismissed for operational requirements.

Sexual abuse in domestic violence

Sexual abuse, coercion, assault, threats, or unwanted sexual conduct within a domestic relationship.

Sexual harassment at work

Unwelcome sexual conduct in the workplace that can affect dignity, safety, equality, and employment rights.

Shareholder

A person or entity that holds shares in a company and has rights and obligations linked to those shares.

Shareholders agreement

A contract between shareholders that regulates ownership, control, decision-making, exits, and dispute handling in a company.

Sheriff Of The Court

A court-appointed official who serves court documents and carries out certain enforcement steps.

Short-term insurance

Insurance commonly linked to property, vehicles, household contents, business assets, liability, travel, or other non-life risk cover.

Sick leave

Paid leave connected to an employee's own illness or injury, checked against the Basic Conditions of Employment Act, employment records, and any more favourable rule.

Simple summons

A summons used for certain claims where the cause of action can be stated briefly without full particulars attached upfront.

Small Claims Court

A simplified court route for certain smaller civil claims, subject to the current rules, claim limits, and excluded matter types.

Social and labour plan

A mining-related plan dealing with local economic development, human resource development, and labour commitments connected to a mining right.

Solvency and liquidity test

A Companies Act test used to assess whether a company can pay its debts and whether its assets exceed its liabilities after a proposed action.

Special levy

An additional levy raised in a sectional-title or community scheme for a specific expense, project, shortfall, or body corporate need.

Special plea

A plea that raises a separate legal defence or preliminary issue that may dispose of or limit the claim before the main merits are decided.

Spousal maintenance

Financial support that one spouse or former spouse may claim from the other during or after a marriage breakdown, depending on the facts and court order.

Standard of care

The level of care, skill, and diligence expected from a healthcare practitioner or facility in the circumstances.

Strike out

A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.

Subpoena

A formal court process requiring a person to attend court, give evidence, or produce documents.

Substantive Fairness In Dismissal

The fairness of the reason for dismissal.

Summary judgment

A procedure where a plaintiff asks for judgment without a full trial because the defence is said to lack merit.

Summons

A formal court document that starts many civil claims and tells the defendant what is being claimed and what response may be required.

Supremacy of the Constitution

The principle that the Constitution is the highest law in South Africa and law or conduct inconsistent with it is invalid.

Suretyship

An undertaking where one person or entity agrees to be responsible for another person's debt or obligation if that person defaults.

Suspensive condition

A contract condition that must be fulfilled before the agreement becomes fully operative or enforceable in the agreed way.

Suspicious transaction report

A report made to the Financial Intelligence Centre when a transaction or activity appears suspicious or unusual under anti-money-laundering rules.

T

25 terms

Tax Compliance Status

A SARS status and verification process used to show whether a taxpayer's tax affairs are compliant for a specific verification purpose.

Tax Lawyer

Tax Lawyer describes legal help linked to tax law, including matters such as SARS disputes, tax compliance, and tax litigation.

Tax resident

A person treated as resident for South African tax purposes under the applicable residence rules, subject to treaty and factual analysis.

Taxation of costs

A court process where a bill of legal costs is assessed by the taxing master or relevant court official.

Temporary residence visa

A visa allowing a foreign national to stay in South Africa temporarily for a recognised purpose, subject to category conditions and expiry dates.

Testamentary trust

A trust created by a valid will, usually coming into effect after death and administered through the estate and Master's Office process.

Testate succession

Succession where a deceased person's estate is distributed according to a valid will.

Testator

A person who makes a will.

Third-party notice

A procedural notice used to bring another person or entity into a civil case because they may be liable for contribution, indemnity, or related relief.

Title Deed

The registered property document that records ownership, property description, and registered conditions for immovable property.

Trade mark

A sign, name, logo, word, phrase, device, or other mark used to distinguish goods or services, with stronger protection available through registration.

Trade mark class

A category used in trade mark applications to identify the goods or services for which the mark is claimed or registered.

Trade secret

Confidential business information that has commercial value because it is not generally known and is protected through confidentiality, contract, and practical controls.

Transfer Costs

The costs connected to registering transfer of immovable property into the buyer's name.

Transfer Duty

A SARS tax that can apply when a person acquires immovable property or certain rights in property.

Transfer duty receipt

A SARS-issued receipt or exemption confirmation linked to transfer duty on a property transaction.

Transferring attorney

The conveyancing attorney responsible for preparing and registering transfer of immovable property from seller to buyer.

Treating Customers Fairly

An FSCA conduct standard and supervisory approach focused on fair outcomes for financial customers across the product life cycle.

Trust

A legal arrangement where trustees administer property for beneficiaries or a permitted trust purpose under a trust deed and South African trust law.

Trust deed

The founding document that sets out the trust's purpose, beneficiaries, trustee powers, administration rules, and amendment requirements.

Trust money in property transaction

Money held on behalf of another person in a regulated trust or stakeholder arrangement during a property sale, rental, transfer, or related transaction.

Trust property

Assets, rights, money, or property held or administered by trustees for the purposes and beneficiaries of a trust.

Trustee

A person or entity authorised to administer trust property and carry out trustee duties under the trust deed and applicable law.

Trustee letters of authority

The written authority issued by the Master that allows nominated trustees to act for and administer a trust.

Trustees in sectional title

The elected or appointed people who manage body corporate administration and decision-making in a sectional-title scheme.

U

11 terms

UIF

The Unemployment Insurance Fund, a statutory system that can provide qualifying short-term benefits for unemployment, illness, maternity, adoption, parental, and dependant situations.

Uncontested Divorce

A divorce where the spouses agree on the main terms needed to finalise the matter.

Undertaking for future medical costs

A Road Accident Fund undertaking linked to qualifying future medical expenses arising from injuries sustained in a motor vehicle accident.

Unfair contract terms

Contract terms that may be unfair, unreasonable, unjust, overly one-sided, unclear, or inconsistent with consumer-law protections.

Unfair discrimination at work

Workplace discrimination that may be unlawful because it treats an employee or job applicant unfairly on a prohibited or protected ground.

Unfair Dismissal

Dismissal that may lack a fair reason, a fair procedure, or both under South African labour law.

Unfair Labour Practice

Certain unfair employer conduct involving issues such as promotion, demotion, benefits, suspension, discipline, or occupational detriment.

Unlawful occupier

A person occupying land or property without the required legal right, permission, lease, or other lawful basis.

Urgent application

Application proceedings brought on shortened time periods because immediate court relief is said to be necessary.

Urgent eviction

An eviction-related court process or application where immediate risk or urgency is alleged, requiring careful proof and lawful procedure.

Usufruct

A right allowing someone to use and enjoy property owned by another person, often created by will, agreement, or registered property record.

V

7 terms

Value-added tax

An indirect tax administered by SARS on taxable supplies of goods and services by registered VAT vendors.

Variation of maintenance order

A court process to change an existing maintenance order because circumstances have changed or the existing order needs adjustment.

VAT vendor

A person or business registered, or required to register, with SARS for VAT because it carries on an enterprise that makes taxable supplies.

Victim impact statement

A statement describing how an offence affected a victim or complainant, often considered during sentencing or related criminal-process steps.

Visa

Official permission linked to a foreign national's entry, stay, or activity in South Africa, subject to the category, conditions, and expiry date.

Visa appeal

A challenge or response process after a visa, permit, status, or related Home Affairs decision is refused, withdrawn, delayed, or negatively decided.

Voetstoots clause

A property-sale clause stating that the buyer accepts the property in its existing condition, subject to the law and the facts of the disclosure.

W

10 terms

Waiting period

A policy period during which certain insurance benefits, cover, or claims may be limited or unavailable after the policy starts or changes.

Warrant of arrest for protection order

A warrant linked to a protection order that may allow arrest if the order is breached and the legal requirements for enforcement are met.

Warrant Of Execution

A court document authorising the sheriff to enforce a judgment, often by attaching property.

Wheeling

An electricity arrangement where power is transported across a grid from a generator to a buyer or offtaker under the relevant regulatory and network rules.

Will

A legal document in which a person sets out how their estate should be dealt with after death, subject to formal validity requirements.

Workplace Harassment

Unwanted workplace conduct that can undermine dignity, safety, equality, or the ability to work.

Workplace Suspension

Temporary removal from normal work duties while an issue is investigated, managed, or decided.

Writ of execution

A High Court enforcement document that authorises the sheriff to execute a judgment, often by attaching property or taking another enforcement step.

Written particulars of employment

The written employment information an employer must give an employee about core terms such as the job, pay, hours, leave, notice, and workplace details.