Cancellation of Court Order - What does a cancellation of court order refer to?

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. 

Care

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. 

Caregiver - What is a Caregiver?

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 life of that child. 

Chairperson - What is a Chairperson?

The person chairing the disciplinary hearing. The chairperson must be independent, fair and objective.

Changing of Court Order - What does changing of court order refer to?

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. 

Child

A person under the age of 18 years.

Children's Court - What does Children's Court refer to?

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.

CIVIL 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 plaintiff (the aggrieved person) to the defendant (the contravening person). Pleadings are exchanged (these are documents setting out a person’s version of events). Once the pleading stage is closed (takes a few months) then the trial starts where evidence is given by both the plaintiff, defendant and their witnesses, and a judgment follows (in favour or against the plaintiff). An application procedure is where the court’s judgment is based on documents and supporting affidavits - the applicant (the aggrieved person) and the respondent (the contravening person) go to court and present legal arguments, without giving any oral evidence.

CLAIM

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.

Clearance Certificate - What is a clearance 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.

Collective Agreement - What is a collective 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 organisations.

Commissioner - What is a commissioner?

A presiding officer in the SCC who listens to both parties, considers the evidence and makes a judgment.

Common Law Marriage - What is a common 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 cohabitation agreement.

Compensation

Money in recognition of work, work-related injury or disease.

Constructive Dismissal - What is a 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.

Consulting 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.

Contact

To maintain a personal relationship with a child and allowing a person to see, spend time with or communicate with a child.

Contract

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 credit agreements.

Contractual Debt - What does Contractual Debt mean?

Where a debt arises from a contract between the debtor and creditor, for example, a personal loan.

Conviction - What does Conviction mean?

The result of a criminal trial which was concluded and the accused was found guilty of the criminal offence charged.

Couple

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.

CREDIT 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.

CREDIT 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.

CREDIT 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.

CREDIT 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 Regulator.

CREDIT 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 future, together with interest and/or fees/charges. For example, credit cards, overdrafts and so on.  

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.

Criminal 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 Officer, and the evidence is given to the National Prosecuting Authority who decides to proceed with or reject the case. If the case proceeds, a warrant of arrest or a summons is issued for the accused to appear in court. A trial starts where evidence is given and a judgment follows (a fine, imprisonment or both).

Criminal Offence

Act or omission (a failure to act when a person should have acted) punishable by law.

Curator - 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.

Custodian - What does Custodian parent mean?

A parent who lives with the child and takes care of the child on a day to day basis.