CIVIL JUSTICE IN SOUTH AFRICA
The South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to mee...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Publshing House V.Ема
2017-02-01
|
| Series: | BRICS Law Journal |
| Subjects: | |
| Online Access: | https://www.bricslawjournal.com/jour/article/view/76 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850034548546469888 |
|---|---|
| author | D. Van Loggerenberg |
| author_facet | D. Van Loggerenberg |
| author_sort | D. Van Loggerenberg |
| collection | DOAJ |
| description | The South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to meet the changing needs of society. Court delay and costinefficient procedural mechanisms, however, contribute to public dismay. The High Court, in the exercise of its inherent power to regulate its process, do so with the purpose of enhancing access to justice. The advantage of the system lies in the fact that it is not cast in stone but could, subject to the Constitution of the Republic of South Africa, 1996, be developed to make it more accessible to the public whilst protecting the public’s fundamental rights entrenched in the Constitution and, in this regard, particularly the right to afair trial embedded in sec. 34 of the Constitution. This contribution gives an overview of the system with reference to the court structure, the judiciary, the process in the High Court and its underlying principles, appeals, class actions and alternative civil dispute resolution mechanisms. |
| format | Article |
| id | doaj-art-4dce8a697d6945d79acd5df99822f6bc |
| institution | DOAJ |
| issn | 2409-9058 2412-2343 |
| language | English |
| publishDate | 2017-02-01 |
| publisher | Publshing House V.Ема |
| record_format | Article |
| series | BRICS Law Journal |
| spelling | doaj-art-4dce8a697d6945d79acd5df99822f6bc2025-08-20T02:57:47ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432017-02-013412514710.21684/2412-2343-2016-3-4-125-14762CIVIL JUSTICE IN SOUTH AFRICAD. Van Loggerenberg0University of PretoriaThe South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to meet the changing needs of society. Court delay and costinefficient procedural mechanisms, however, contribute to public dismay. The High Court, in the exercise of its inherent power to regulate its process, do so with the purpose of enhancing access to justice. The advantage of the system lies in the fact that it is not cast in stone but could, subject to the Constitution of the Republic of South Africa, 1996, be developed to make it more accessible to the public whilst protecting the public’s fundamental rights entrenched in the Constitution and, in this regard, particularly the right to afair trial embedded in sec. 34 of the Constitution. This contribution gives an overview of the system with reference to the court structure, the judiciary, the process in the High Court and its underlying principles, appeals, class actions and alternative civil dispute resolution mechanisms.https://www.bricslawjournal.com/jour/article/view/76court structuresjudiciarycivil procedure in the high courtappealsclass actionssouth africa |
| spellingShingle | D. Van Loggerenberg CIVIL JUSTICE IN SOUTH AFRICA BRICS Law Journal court structures judiciary civil procedure in the high court appeals class actions south africa |
| title | CIVIL JUSTICE IN SOUTH AFRICA |
| title_full | CIVIL JUSTICE IN SOUTH AFRICA |
| title_fullStr | CIVIL JUSTICE IN SOUTH AFRICA |
| title_full_unstemmed | CIVIL JUSTICE IN SOUTH AFRICA |
| title_short | CIVIL JUSTICE IN SOUTH AFRICA |
| title_sort | civil justice in south africa |
| topic | court structures judiciary civil procedure in the high court appeals class actions south africa |
| url | https://www.bricslawjournal.com/jour/article/view/76 |
| work_keys_str_mv | AT dvanloggerenberg civiljusticeinsouthafrica |