Legal Glossary
Definitions of the legal terms commonly used in South African Law.
Accident Report
An official document containing details of an accident.
Accused
A person charged with a criminal offence.
Administrator
A person appointed by a Magistrate's Court to collect and distribute a debtor's payments among creditors.
Adverse consumer credit information
Information relating to a consumer's credit behaviour, including classifications such as defaulting or slow payment.
Affidavit
A written statement made under oath before a Commissioner of Oaths.
Aggravation
Factors that support the imposition of a more severe disciplinary sanction.
Alternative dispute resolution agent
A person who assists in resolving disputes through conciliation, mediation or arbitration.
Ante Nuptial Contract
An agreement entered into before marriage to regulate the matrimonial property system that will apply to the marriage.
Application
A court procedure in which a decision is made based solely on written documents without oral evidence.
Bank Guarantee
A written undertaking by a bank to pay the purchase price of a property upon registration of transfer.
Bequest
The distribution of property in accordance with a will.
Business
A legal entity such as a company, partnership or body corporate.
Cancellation of Court Order
A court order that cancels or terminates an existing arrangement relating to contact with a child.
Care
The right to have a child reside primarily with a person and to supervise the child's daily life.
Caregiver
A person, other than a parent or guardian, who has the right to care for a child.
Chairperson
An independent person appointed to preside over a disciplinary hearing.
Changing of Court Order
A court-approved change to an existing arrangement that allows a person to spend time with or communicate with a child.
Child
A person under the age of 18 years.
Child born out of wedlock
A child whose parents were not married to each other at the time of conception or birth.
Children's Court
A court that deals with matters relating to children.
Civil matter
A legal matter arising from a dispute between individuals, organisations or both.
Claim
An application for compensation from a statutory fund.
Clearance Certificate
A certificate confirming that all municipal charges relating to a property have been paid.
Collective Agreement
A written agreement regulating terms and conditions of employment or matters of mutual interest between employers and employees.
Commissioner
A presiding officer who hears evidence and makes a decision in a Small Claims Court matter.
Common Law Marriage
A relationship in which two people live together without entering into a legally recognised marriage.
Compensation
Money paid in recognition of work performed, a work-related injury or an occupational disease.
Constructive Dismissal
A form of dismissal that occurs when an employee resigns because the employer's conduct makes continued employment intolerable.
Consulting Employees
Employees, representatives or organisations entitled to participate in consultations relating to a retrenchment process.
Contact
The right to maintain a personal relationship with a child through visits, communication or other forms of interaction.
Contract
An agreement between two or more parties that creates legally enforceable rights and obligations.
Contractual Debt
A debt arising from a contractual agreement between a debtor and a creditor.
Conviction
A finding by a court that an accused person is guilty of a criminal offence.
Couple
Two people in a relationship, including a same-sex relationship.
Courts
Institutions that resolve disputes involving people, organisations or property in accordance with the law.
Credit agreement
An agreement under which goods, services or money are provided on credit and repaid over time.
Credit bureau
An organisation that collects, maintains and provides information relating to consumers' credit histories and credit agreements.
Credit facility
An arrangement under which money, goods or services are made available on credit and repaid in accordance with agreed terms.
Credit provider
A person or organisation that provides credit under a credit agreement.
Criminal matter
A legal matter arising from an alleged criminal offence and dealt with through the criminal justice system.
Criminal Offence
An act or omission that is punishable by law.
Curator
A person appointed by a High Court to manage the affairs or estate of a person who is unable to do so independently.
Custodian
A parent who lives with a child and provides day-to-day care.
Debt counsellor
A person who assists a consumer who is unable to meet their debt obligations by negotiating and restructuring repayments with credit providers.
Deed of Transfer
A document that proves ownership of property and records important information relating to that property.
Deeds Office
A government office that records and maintains information relating to property ownership and transfers.
Defaulting Mortgager
A person who fails to comply with the terms of a mortgage loan agreement secured by property.
Defence
A legal reason that may remove or reduce a person's liability in a claim.
Defendant
A person against whom legal action has been instituted.
Delayed
The suspension of a prescription period so that it does not continue running until a later date.
Delictual Debt
A debt arising from damages caused by one person to another.
Dependant
A person who depended on an employee for financial support at the time of the employee's death.
Disputes of Mutual Interest
A workplace-related dispute that is not regulated by legislation but concerns matters affecting the employment relationship.
Divorce
The legal dissolution of a marriage by a court order.
Domestic Worker
A person employed in a private household to perform domestic, caregiving, driving or gardening duties.
Electrical Compliance Certificate
A certificate confirming that an electrical installation complies with applicable regulations and safety standards.
Employee
A person who works for another person or organisation in return for remuneration.
Employer
A person who has entered into a contract of employment with another person or organisation.
Essential Service
A service whose interruption would endanger the life, safety or health of the public.
Estate Agency Affairs Board
A regulatory body responsible for overseeing the conduct of estate agents.
Eviction
A court order requiring a tenant to vacate a property.
Evidence
Information presented to prove or disprove facts in a legal matter, including documents, witness testimony, photographs and recordings.
Ex Parte
A court procedure in which a decision is made based on written documents submitted by only one party, without oral evidence.
Executor
A person appointed in a will to administer and distribute a deceased person's estate in accordance with the will.
Extinguished
The state of having come to an end or no longer being legally enforceable.
Family Advocate
An institution that assists courts in family law matters and makes recommendations regarding the best interests of children.
Final Protection Order
A court order that confirms an interim protection order and provides ongoing protection against prohibited conduct.
Gas Compliance Certificate
A certificate confirming that gas appliances on a property comply with applicable safety standards.
Guardian
A person who has legal authority and responsibility to act on behalf of a child in specified matters.
Guardianship
The rights and responsibilities relating to the protection of a child's interests, property and legal affairs.
Immovable Property - What is immovable property?
Property that cannot be moved from one location to another, such as land or buildings.
Incestuous Relationship
A sexual relationship between persons who are closely related by blood or law.
Indemnity
An undertaking to compensate another person for loss, damage or liability under specified circumstances.
Independent Contractor
A person engaged to perform specific work or services independently and not as an employee.
Instalment agreement
An agreement under which a consumer acquires and uses goods while repaying the purchase price over time, usually with interest or fees.
Interdict
A court order that prohibits a person from performing a specific act or requires certain conduct.
Interim Protection Order
A temporary court order that provides protection until a final decision is made by the court.
Interrupted
The interruption of a prescription period, causing it to begin running afresh.
Intestate
The state of dying without leaving a valid will.
Joint and Several Liability
A legal principle under which two or more persons may be held individually and collectively liable for the same loss or damage.
Judgment
A decision of a court that determines the rights and obligations of the parties in a legal matter.
Juristic Person
A legal entity, such as a company, close corporation, partnership or other recognised body, that has legal rights and obligations separate from its members.
Just and Equitable
The quality of being fair and reasonable after considering all relevant facts and circumstances.
Landlord
The owner of a property, or a person authorised to manage the property on the owner's behalf, who grants occupation or use of the property to another person.
Lease Agreement
An agreement under which a property owner grants another person the right to use and enjoy a property in exchange for payment.
Lease of goods
An agreement under which a consumer uses goods in exchange for rental payments, which may include interest or fees.
Legal Aid
Assistance provided to people who cannot afford legal representation or legal services.
Loan Repayments
The repayment of a home loan to a bank or other financial institution.
Maintenance Court
A court that deals with matters relating to maintenance obligations.
Maintenance Officer
A person appointed to assist with maintenance matters at court.
Mala Fide
Conduct that is intentionally dishonest, misleading or undertaken in bad faith.
Marriage
A legally recognised union entered into in accordance with applicable marriage laws.
Marriage in Community of Property
A matrimonial property system in which spouses share a single joint estate containing property and debts acquired before and during the marriage.
Marriage Officer
A person authorised to solemnise a marriage in accordance with the law.
Marriage out of community of property with the accrual system
A matrimonial property system in which spouses retain separate estates, but share in the growth of their estates during the marriage according to the accrual system.
Marriage out of community of property without the accrual system
A matrimonial property system in which each spouse retains a separate estate and ownership of their own assets and liabilities.
Mitigation
Factors presented in support of a lesser disciplinary sanction.
Monogamous Marriage
A marriage between two people in which neither party has more than one spouse at the same time.
Mortgage Bond
A legal arrangement in which immovable property serves as security for a loan.
National credit regulator
An independent body established to regulate and oversee the credit industry.
Natural person
An individual human being or sole proprietor recognised as having legal rights and obligations.
Negligent
The failure to exercise the degree of care that a reasonable person would exercise under similar circumstances.
Ombudsman
An independent body that receives and resolves complaints within a specific industry or sector.
Operational Reasons
A dismissal based on the economic, structural or operational requirements of an employer.
Ordinary Course of Business
Business activities conducted as part of the normal operations of a business.
Parent
A biological or adoptive mother or father who has parental rights and responsibilities in respect of a child.
Parental Rights and Responsibilities
The rights and responsibilities to care for a child, maintain contact with the child, act as the child's guardian and contribute to the child's maintenance.
Payment distribution agency
An independent third party that monitors and distributes consumer debt repayments to credit providers.
Permanent disability
A work-related injury or disease that permanently prevents an employee from working or significantly limits their ability to work.
Person
A natural person or a juristic person recognised by law as having rights and obligations.
Pest Control Certificate
A certificate confirming that a property is free from infestation by wood-destroying insects or fungi.
Plain Language
Language that an ordinary consumer can reasonably be expected to understand.
Plaintiff
A person who institutes legal proceedings against another person.
Polygamous Marriage
A marriage in which a person has more than one spouse at the same time.
Power of Attorney
A legal document authorising one person to act on behalf of another person.
Prodigal
A person who irresponsibly wastes money or assets.
Property
A structure or dwelling used for residential purposes.
Protection Order
A court order intended to protect a person from domestic violence or other prohibited conduct.
Reasonable Person
A legal test used to determine how an ordinary reasonable person would have acted in the same circumstances.
Reckless credit
The granting of credit where a credit provider fails to comply with legal requirements relating to affordability assessments or responsible lending.
Reinstatement
The restoration of an employee to employment as though the dismissal or retrenchment had not occurred.
Rental Housing Tribunal
An independent body that resolves disputes between landlords and tenants.
Representations
Suggestions, proposals or submissions made during a consultation process.
Sanction
Disciplinary measures that may include warnings, suspension or dismissal.
Sectoral Determination
Minimum employment terms and conditions prescribed for a particular sector or industry.
Secured loan
A loan secured by an asset or other form of security provided by the borrower.
Sexual Harassment
Unwelcome conduct of a sexual nature that offends, intimidates, humiliates or threatens another person.
Sheriff
A court official responsible for serving court documents and executing court orders.
Spouses
Persons who are legally married or joined in a legally recognised union.
Summoned
A written notice requiring a person to appear before a tribunal on a specified date and time.
Summons
A legal document that formally commences legal proceedings.
Suspended Warrant of Arrest
A court-issued document authorising the arrest of a respondent if they fail to comply with a court order.
Suspensive Conditions
Conditions that must be fulfilled before an agreement becomes legally binding.
Temporary disability
A work-related injury or disease that temporarily prevents an employee from working or limits their ability to perform normal duties.
Tenant
A person renting a property from a landlord, and is also referred to as a lessee.
Testator
A person who makes a Will.
Unemployed
A person who loses employment as a result of dismissal, the expiry of a fixed-term contract, or the insolvency or death of an employer.
Unfair Practice
A practice or conduct that is unfair and prejudicial to the rights or interests of a tenant or landlord.
Void
A term used to describe a contract that is invalid and unenforceable.
Voluntary Retrenchment
An agreement in terms of which an employee voluntarily accepts retrenchment and waives certain employment-related claims in exchange for agreed benefits.
Warrant of Arrest
A document issued by a magistrate or judge authorising the police to arrest an accused person.
Warrant of Execution
A document authorising the sheriff to attach and sell a person's property to satisfy a judgment debt.
What does marriage out of community of property with the accrual system mean
A matrimonial property system in which spouses retain separate estates but share in the growth of their estates during the marriage according to the accrual system.
What does marriage out of community of property without the accrual system mean
A matrimonial property system in which spouses retain separate ownership of their assets and liabilities throughout the marriage.
Will
A legal document that sets out how a person's assets and belongings must be distributed after death.
Witness
A person who gives evidence about information relevant to a legal matter.
Work Practices
A workplace benefit or practice provided at the employer's discretion rather than as a legal requirement.
Wrongful
Conduct involving an intention to cause harm or damage, or negligent conduct that results in harm or damage.