At court
Finding the right court, and what to do when you arrive
Courts can feel intimidating if you have never been inside one. A little preparation — the right building, the right papers, and a few words of etiquette — makes the day easier.
Which court do I go to?
South Africa has several courts. The one you need depends on the type of case and, in civil matters, how much money is involved.
Magistrates' court
Most criminal cases, civil claims up to a set amount, domestic violence protection orders, some maintenance matters.
This is the court most people will see. Cases are heard by a magistrate, not a judge and jury.
Regional magistrates' court
Serious criminal cases and larger civil claims than the district magistrates' court.
The regional court can impose longer sentences than a district court.
High Court
The most serious crimes, such as murder and rape, and large or complex civil claims.
A judge sits alone or with assessors. Legal representation is strongly advised.
Small Claims Court
Money claims up to the court's limit. Lawyers may not appear.
Free and informal, but you must first send a letter of demand.
Equality Court
Discrimination, hate speech and harassment.
You can often bring the complaint yourself without a lawyer.
Children's Court
Care, protection, guardianship and some adoption matters involving children.
Proceedings are closed to protect the child's privacy.
If you are unsure, phone the court clerk at your nearest magistrates' court or Legal Aid SA on 0800 110 110. The clerk can tell you which court handles your matter, but cannot give legal advice.
Documents to bring
Bring originals and a few copies where you can. Keep everything in one folder, in date order, with a written list on top.
Your identity document
Courts need to know who is appearing. Bring your ID, passport, driver's licence or asylum papers.
Case or reference numbers
Write down your CAS number, court case number, summons number or any reference the prosecutor or clerk gave you.
Your statement, affidavit or plea papers
Bring a clean copy of anything you have signed or filed. Do not mark the original unless your lawyer asks you to.
Proof of address and income
Useful for bail hearings, maintenance matters, legal aid applications and some civil claims.
Supporting documents
Letters from employers, medical reports, photographs, receipts, contracts, messages or emails that back up what you say.
A notebook and pen
Courts move slowly. Note the date of the next appearance, the name of the prosecutor or clerk, and anything you are asked to bring back.
How to speak in court
You do not need to use legal language. Plain, honest answers are exactly what the court needs.
Stand when you are called, and speak clearly
Face the magistrate or judge. Use a normal speaking voice. If you need water or a break, ask.
Address the court respectfully
In the magistrates' court say 'Your Worship'. In the High Court say 'My Lord' or 'My Lady', or 'Judge' if you are unsure.
Answer only the question asked
Keep your answers short and truthful. Do not volunteer extra information or argue with the other side.
Say if you do not understand or remember
It is perfectly acceptable to say, 'I do not understand the question,' or 'I cannot remember.' Never guess.
Do not speak to the other party in the courtroom
If the accused or their family tries to speak to you, move away and tell the prosecutor, clerk or police officer.
Bring a support person
You can usually bring someone to sit in the public gallery, but they may not speak for you or discuss evidence while you are still testifying.
On the day
- Arrive early. Security queues and parking take longer than expected.
- Dress neatly and comfortably. Avoid slogans, revealing clothing or large logos.
- Switch your phone off before entering the courtroom.
- Ask at the enquiry desk which courtroom your case is in.
- If you are a witness, wait outside until you are called — you may be told not to listen to other evidence.
- Ask the prosecutor or clerk when the case is likely to be heard; court rolls often run late.