When a court case takes place in South Africa—whether criminal or civil—the process generally follows a structured sequence:
1. Notice to Appear or Summons: A subpoena (notice to appear) or summons is issued and served—typically by the police or court sheriff—to witnesses or parties involved. You must attend when called. If employed, your employer must grant leave; if unpaid, you can claim lost earnings and travel expenses from the court.
2. Courtroom Attendance: On your appearance day, arrive on time with your notice, receipt (if paying bail or claiming fees), and ID. Court staff or a clerk will guide you and ensure courtroom procedure is followed.
3. Key Participants Present:
- The presiding officer (judge or magistrate).
- The prosecutor (the NPA in criminal cases).
- The accused and their legal representative.
- Witnesses, including you if called to testify.
- A translator, where required, to ensure understanding.
4. Trial Proceedings (Criminal Cases):
- Opening statements: prosecutors present an overview of the evidence; defence may respond. Prosecution presents evidence: through witness testimony and admissible documents.
- Cross- and re-examination: both sides have the opportunity to question witnesses.
- Defence case: the accused may testify or present witnesses, followed by prosecution cross-examination.
- Closing arguments: each side summarizes their case.
- Verdict: the judge or magistrate decides conviction or acquittal.
5. Sentence or Order: If guilty, sentencing or civil order is issued. If bail was paid, a receipt is needed to claim a refund.
6. Witness Fees & Expenses: You may claim: witness fees, travel, and subsistence. Ask the prosecutor for the required form immediately after your testimony.
7. Victims’ Rights & Duties: Victims have rights (to information, protection, restitution) and duties (to cooperate, attend court on time, inform prosecutor of threats/injuries). For details, consult the Victims’ Rights Charter from the Department of Justice.
8. Case Flow & Backlogs: South Africa is working to reduce delays via the Department of Justice’s case-flow management systems and electronic court systems. Innovative tools like Court Online, e-Filing, and audio-visual remand systems help streamline the process.
For more information
- Department of Justice & Constitutional Development
- National Prosecuting Authority – Find brochures and guides on court proceedings and victims’ rights.
- Judiciary / Court Online – Learn about digital filing, summons, and jurisdiction.
