Different parts of cases/judgments

Question 1

Alphabetical markers

Answer 1

1. Found in all SALR/All SA Law reports
2. Helps the reader to easily find a section- I.e when referencing to or arguing a case in court
3. Uppercase/lower case letters may be used

Question 2

The name of the case

Answer 2

1. Provides essential information such as
   - the parties of the case ( litigants )
   - versus ( v )
2. Nature of Case
   - civil or criminal
3. Role-players- Civil
   - initiator of the case (Plaintiff)
   - the case is against this person (Defendant)
   - a litigant making an application to court (Applicant)
   - in cases where the application affects
   another person- this person may respond to the
   application in court (Respondent)
   - Other names are given to these parties if the matter is
   taken on appeal

Question 3

The court

Answer 3

1. The Constitutional Court (CC) is the highest court in all constitutional matters + the highest court of appeal in constitutional matters
2. The Supreme Court of Appeal- Highest Court of Appeal
3. High Courts (hereinafter ‘HC’) were previously distinguished by local and provincial divisions- changed in line with the Schedule 6 of the Constitution.
4. The Renaming of the High Courts Act 30 of 2008- changed the names of the courts

Question 4

The presiding officer

Answer 4

1. Majority judgement (majority of judges who heard the matter agree)- binding precedent
2. Minority judgement (a minority of judges agree)- not a binding precedent
3. Separate judgement- a judge agrees with the conclusion of the majority but wishes to add or emphasis a point.
4. Some cases may only have one judge but a Full Bench has 3+ officers

Question 5

The dates of the hearing of the Judgement

Answer 5

1. Sometimes cases provide the date of the hearing and the date of the judgement
2. Not the date that the case was published in a law report.
3. Judgements are usually delivered long after the hearing has been concluded.

Question 6

Ex tempore judgement

Answer 6

when the hearing and judgement takes

place on the same day.

Question 7

The catchword paragraph

Answer 7

Contain keywords only- super summary to judge the applicability of the case

Question 8

The headnote

Answer 8

1. Appears as the ‘Editors summary’ in our Annex
2. Summary of the facts
3. Brief summation of the decision is given after the word ‘Held’ / ‘Beslis’
4. Quaere- the legal principal is still uncertain, query, question or some doubt, not decided yet.
5. Semble’- apparently or it seems- a point was not decided by the judge but can be inferred from the judgement.

Question 9

The nature of the relief or remedy sought

Answer 9

What the party wants from the court which includes: 
o Award of damages
o Declaratory order
o Granting of an interdict
o Decree of divorce
o Criminal case- conviction
o Appeal

Question 10

The names of the parties legal representatives

Answer 10

1. Includes attorneys and legal counsel (advocates)
2. QC’- Comes after the name of the advocate
3. ‘SC’- South African counterpart of QC or Silk

Question 11

Curator ad litem

Answer 11

where an attorney or advocate is appointed to

look after the best interests of a child during a court case.

Question 12

Heads of argument

Answer 12

1. the document that contains the arguments/ reasons
2. Compulsory in the HC, not compulsory in the MC
3. Usually very complex as they contain references to primary and secondary sources of law

Question 13

The meaning of some Latin phrases:

Curia advisari vult – Abbreviation - Cur ad vult

Answer 13

the court reserves or holds back the judgement and wants to sit with the matter further before the court will deliver the judgement.

Question 14

The meaning of some Latin phrases:

Postea

Answer 14

At a later stage- judge has considered the matter but will give his ruling later

Question 15

The judgement

Answer 15

1. Starts after the name and title of the judge is given
2. Sets out the facts of the case, nature of the case, applicable case law, facts that are common cause, way that judge dealt with the evidence.

Question 16

The order of the court

Answer 16

1. This dictates the consequences of the case/ its practical effect
2. An order is made with regard to the relief sought

Question 17

The firm(s) of attorneys

Answer 17

Names of the law firms that represented each party

Question 18

English Translation

Answer 18

Practice to give a translation of the catchword paragraph and headnote if the case was decided in Afrikaans.