South African National Report: South African Civil Procedural Law on the Move

Civil Procedure in Cross-Cultural Dialogue: Eurasia Context IAPL World Conference on Civil Procedure Moscow, Russia Conference Book 2012 Edited by Dmitry Maleshin

7 Pages Posted: 26 Feb 2018

See all articles by Danie Van Loggerenberg

Danie Van Loggerenberg

University of Pretoria - Faculty of Law

Andre Boraine

University of Pretoria

Date Written: February 1, 2018

Abstract

This report deals with the civil procedural system in the High Courts of the Republic of South Africa.

The South African law of civil procedure in the High Courts is adversarial in nature. It owes its origin to and is essentially that of England. In this regard the South African law is sui generis: its substantive law is of civil law (i e Roman-Dutch) origin whereas its civil procedural law is mainly of common law origin. In other words, it is a mixed legal system.

The civil practice of the High Courts is, in essence, regulated by the Supreme Court Act 59 of 1959 and the Uniform Rules of Court. The respective High Courts also have local rules and practice directives issued in terms of their inherent jurisdiction to regulate their own process.

The Constitution of the Republic of South Africa, 1996, contains a Bill of Rights which includes, in section 34 thereof, the right to a fair trial. This provides the benchmark for civil procedure in the High Courts.

Suggested Citation

Van Loggerenberg, Danie and Boraine, Andre, South African National Report: South African Civil Procedural Law on the Move (February 1, 2018). Civil Procedure in Cross-Cultural Dialogue: Eurasia Context IAPL World Conference on Civil Procedure Moscow, Russia Conference Book 2012 Edited by Dmitry Maleshin, Available at SSRN: https://ssrn.com/abstract=3116264

Danie Van Loggerenberg

University of Pretoria - Faculty of Law ( email )

Lynnwood Road
Pretoria, 5100
South Africa

Andre Boraine (Contact Author)

University of Pretoria ( email )

Physical Address Economic and Management Sciences
Pretoria, Gauteng 0002
South Africa

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