FSAL: : Lecture 2 -14

Question 1

Which court was abbreviated as (CK) and when?

Answer 1

The Ciskei High Court, before 2009.

Question 2

What was the Ciskei High Court referred to from 2009 onwards, and what is its abbreviation?

Answer 2

The Eastern Cape High Court, Bisho (ECB).

Question 3

What was the Eastern Cape High Court, Bisho referred to from 2014 onwards, and what is its abbreviation?

Answer 3

The Eastern Cape Local Division, Bisho (ECB).

Question 4

Which court was abbreviated as (E) and when?

Answer 4

The Eastern Cape Provincial Division, before 2009.

Question 5

What was the Eastern Cape Provincial Division referred to from 2009 onwards, and what is its abbreviation?

Answer 5

The Eastern Cape High Court, Grahamstown (ECG).

Question 6

What was the Eastern Cape High Court, Grahamstown referred to from 2014 onwards, and what is its abbreviation?

Answer 6

The Eastern Cape Local Division, Grahamstown (ECG).

Question 7

Which court was abbreviated as (Tk) and when?

Answer 7

The Transkei High Court, before 2009.

Question 8

What was the Transkei High Court referred to from 2009 onwards, and what is its abbreviation?

Answer 8

The Eastern Cape High Court, Mthatha (ECM).

Question 9

What was the Eastern Cape High Court, Mthatha referred to from 2014 onwards, and what is its abbreviation?

Answer 9

The Eastern Cape Local Division, Mthatha (ECM).

Question 10

Which court was abbreviated as SE[CLD] and when?

Answer 10

The South Eastern Cape Local Division, before 1947.

Question 11

Which court was abbreviated as (SE) and when?

Answer 11

The South Eastern Cape Local Division, before 2009.

Question 12

What was the South Eastern Cape Local Division referred to from 2009 onwards, and what is its abbreviation?

Answer 12

The Eastern Cape High Court, Port Elizabeth (ECP).

Question 13

What was the Eastern Cape High Court, Port Elizabeth referred to from 2014 onwards, and what is its abbreviation?

Answer 13

The Easter Cape Local Division, Port Elizabeth (ECP).

Question 14

Which court was abbreviated as O[PD] and when?

Answer 14

The Orange Free State Provincial Division, before 2009.

Question 15

Which court was abbreviated as (O) and when?

Answer 15

The Orange Free State Provincial Division, before 1947.

Question 16

What was the Orange Free State Provincial Division referred to after 2009, and what is its abbreviation?

Answer 16

The Free State High Court, Bloemfontein (FB).

Question 17

What was the Free State High Court, Bloemfontein referred to from 2014 onwards, and what is its abbreviation?

Answer 17

The Free State Division, Bloemfontein (FB).

Question 18

Which court was abbreviated as (D) and when?

Answer 18

The Durban and Coast Local Division, before 2009.

Question 19

What was the Durban and Coast Local Division referred to after 2009, and what is its abbreviation?

Answer 19

The KwaZulu-Natal High Court, Durban (KZD).

Question 20

What was the KwaZulu-Natal High Court, Durban referred to from 2014 onwards, and what is its abbreviation?

Answer 20

The KwaZulu-Natal Local Division, Durban (KZD).

Question 21

Which court was abbreviated as N[PD] and when?

Answer 21

The Natal Provincial Division, before 1947.

Question 22

Which court was abbreviated as (N) and when?

Answer 22

The Natal Provincial Division, before 2009.

Question 23

What was the Natal Provincial Division referred to from 2009 onwards, and what is its abbreviation?

Answer 23

The KwaZulu-Natal High Court, Pietermaritzburg (KZP).

Question 24

What was the KwaZulu-Natal High Court, Pietermaritzburg referred to from 2014 onwards, and what is its abbreviation?

Answer 24

The KwaZulu-Natal Natal Division, Pietermaritzburg (KZP).

Question 25

Which court was abbreviated as W[LD] and when?

Answer 25

The Witwatersrand Local Division, before 1947

Question 26

Which court was abbreviated as (W) and when?

Answer 26

The Witwatersrand Local Division, before 2009.

Question 27

What was the Witwatersrand Local Division referred to from 2009 onwards, and what is its abbreviation?

Answer 27

The South Gauteng High Court, Johannesburg (GSJ).

Question 28

What was the South Gauteng High Court, Johannesburg referred to from 2014 onwards, and what is its abbreviation?

Answer 28

The Gauteng Local Division, Johannesburg (GJ).

Question 29

Which court was abbreviated as T[PD] and when?

Answer 29

The Transvaal Provincial Division, before 1947.

Question 30

Which court was abbreviated as (T) and when?

Answer 30

The Transvaal Provincial Division, before 2009.

Question 31

What was the Transvaal Provincial Division referred to from 2009 onwards, and what is its abbreviation?

Answer 31

The North Gauteng High Court, Pretoria (GNP).

Question 32

What was the North Gauteng High Court, Pretoria referred to from 2014 onwards, and what is its abbreviation?

Answer 32

The Gauteng Division, Pretoria (GP).

Question 33

Which court was abbreviated as (NC) and when?

Answer 33

The Northern Cape Provincial Division, before 2009.

Question 34

What was the Northern Cape Provincial Division referred to from 2009 onwards, and what is its abbreviation?

Answer 34

The Northern Cape High Court, Kimberley (NCK).

Question 35

What was the Northern Cape High Court, Kimberley referred to from 2014 onwards, and what is its abbreviation?

Answer 35

The Northern Cape Division, Kimberley (NCK).

Question 36

Which court was abbreviated as (B) and when?

Answer 36

The Bophuthatswana High Court, before 2009.

Question 37

What was the Bophuthatswana High Court referred to from 2009 onwards, and what is its abbreviation?

Answer 37

The North West High Court, Mafikeng (NWM).

Question 38

What was the North West High Court, Mafikeng referred to from 2014 onwards, and what is its abbreviation?

Answer 38

The Northern West Division, Mahikeng (NWM).

Question 39

Which court was abbreviated as (V) and when?

Answer 39

The Venda High Court, before 2009.

Question 40

What was the Venda High Court referred to from 2009 onwards, and what is its abbreviation?

Answer 40

The Limpopo High Court, Thohoyandou (LT).

Question 41

What was the Limpopo High Court, Thohoyandou referred to from 2014 onwards, and what is its abbreviation?

Answer 41

The Limpopo Division, Polokwane (LP).

Question 42

Which court was abbreviated as C[PD] and when?

Answer 42

The Cape Provincial Division, before 1947.

Question 43

Which court was abbreviated as (C) and when?

Answer 43

The Cape Provincial Division, before 2009.

Question 44

What was the Cape Provincial Division referred to from 2009 onwards, and what is its abbreviation?

Answer 44

The Western Cape High Court, Cape Town (WCC).

Question 45

What was the Western Cape High Court, Cape Town referred to from 2014 onwards, and what is its abbreviation?

Answer 45

The Western Cape Division, Cape Town (WCC).

Question 46

What is precedent?

Answer 46

It is a primary legal source that is entirely decided by the courts - by using previous cases to make decisions in court.

Question 47

What are the four levels of court that exist in South Africa?

Answer 47

- The Constitutional Court - The Supreme Court of Appeal - High Court - Magistrate's Court

Question 48

How is the Magistrate's court divided?

Answer 48

The Magistrate's court is classified according to Regional and District courts.

Question 49

What does the hierarchy of these courts do in relation to decisions made by the courts?

Answer 49

Lower courts are bound by the decisions of the higher courts.

Question 50

Between the Regional courts and District courts which has a higher hierarchy?

Answer 50

Regional Courts have a higher hierarchy, and District Courts have the lowest hierarchy.

Question 51

How is the High Court divided?

Answer 51

High courts are divided according to main seats, provincial divisions, local seats, and local divisions.

Question 52

What is a judge addressed as in the High Court?

Answer 52

My lord or lady.

Question 53

What is a judge addressed as in a Magistrate's Court?

Answer 53

Your worship.

Question 54

What is a presiding officer's duty?

Answer 54

Presiding officers have have the task of hearing the case as well as deciding them.

Question 55

What are the two types of cases that can be brought to court?

Answer 55

Civil and criminal cases.

Question 56

Name the two types of civil cases

Answer 56

Action proceedings and application proceedings.

Question 57

What is an action proceeding?

Answer 57

Action proceedings include the action of a plaintiff claiming damages in the form of money from other parties.

Question 58

Who is the plaintiff?

Answer 58

The party that initiates the court proceedings - that bring the issue to court.

Question 59

Who is the defendant?

Answer 59

The defendant is the party that is being accused.

Question 60

Describe what occurs during an action proceeding

Answer 60

Parties exchange pleadings, in this case the plaintiff utilises the summons which is a document intended for the defendant to respond to. After the exchange of pleadings there is a trial that follows where evidence is presented. Is it up to the plaintiff to prove its case.

Question 61

What is a common example of an action proceeding?

Answer 61

A case dealing with divorce

Question 62

What is an application proceeding?

Answer 62

An application proceeding deals with matters where the applicant asks the court to enforce a right against another party.

Question 63

Who is the applicant?

Answer 63

The applicant is the party who initiates the court proceedings

Question 64

Who is the respondent?

Answer 64

The respondent is the party who is being asked by the court to do something or refrain from doing something - excluding have to pay money to the applicant.

Question 65

Describe what occurs during an application proceeding

Answer 65

During application proceedings parties exchange sworn statements that have been signed in the presence of a commissioner of oaths known as affidavits. A legal representative will there after argue the case before a presiding officer.

Question 66

What is an ex parte application?

Answer 66

This kind of application occurs when the applicant seeks out order from the court without informing or involving the other parties.

Question 67

What is the most important form of application proceeding?

Answer 67

The interdict.

Question 68

What does an interdict proceeding entail?

Answer 68

The applicant enforces its rights against the respondent in a way that the court will issue a legal order that will cause the respondent to refrain from doing something.

Question 69

Give an example of an interdict application

Answer 69

An interdict applicant can be made against a newspaper company to prevent it from publishing defamatory material about the applicant.

Question 70

What is a criminal case?

Answer 70

The aim of a criminal case is punishment of the perpetrator by means of a fine or imprisonment. Criminal proceedings are almost always initiated by the State.

Question 71

How can a criminal case be identified?

Answer 71

In a case citation a criminal case is indicated by the letter S, eg. S v Maleka 2001 (2) SACR 366 (SCA).

Question 72

What is an appeal?

Answer 72

It is an order made for a case to be re-evaluated by a court of a higher hierarchy.