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Legal dictionary
Legal words, in plain English.
66 legal terms you’ll meet in letters, contracts and courtrooms, explained without the jargon.
A to Z
Advocate
A lawyer who specialises in court work and is usually briefed by an attorney rather than hired directly by the public.
Affidavit
A written statement you swear or affirm is true, signed in front of a commissioner of oaths.
Antenuptial contract
A contract signed before a marriage, and registered at the Deeds Office, that sets out how the couple’s property will be owned.
Appeal
Asking a higher court to change the decision of a lower court.
Arbitration
A process where an independent arbitrator, rather than a court, hears a dispute and makes a binding decision.
Attorney
A lawyer you can approach directly for advice, documents and representation in court.
Bail
Money paid, and conditions agreed to, so an accused person can stay out of custody until their trial.
Beneficiary
A person who receives something under a will, trust or insurance policy.
Body corporate
All the owners in a sectional title scheme, acting together to manage the building.
Breach of contract
Failing to do what you promised in a contract.
CCMA
The Commission for Conciliation, Mediation and Arbitration, which resolves employment disputes for free.
Commissioner of oaths
A person, such as a police officer or attorney, authorised to certify documents and witness affidavits.
Community of property
A marriage regime where spouses share one joint estate, including assets and debts.
Contingency fee
A fee your lawyer is paid only if you win, capped by law.
Conveyancer
An attorney who specialises in transferring property and registering bonds at the Deeds Office.
Damages
Money a court orders one party to pay another to make up for loss or harm.
Debt review
A process for over-indebted consumers to restructure their repayments through a registered debt counsellor.
Default judgment
A judgment given against someone who did not respond to a summons or attend court.
Defendant
The person being sued in a civil case, or accused in a criminal one.
Emoluments attachment order
A court order letting a creditor deduct money directly from your salary, also called a garnishee order.
Estate
Everything a person owns and owes, especially after their death.
Eviction
The lawful removal of a person from a home or land, which requires a court order.
Executor
The person appointed to wind up a deceased person’s estate.
Family Advocate
A state office that protects children’s interests in divorce and custody matters.
Fiduciary
Someone who must act in another person’s best interests, such as a trustee or executor.
Guardian
A person with the legal right to make decisions for a child, such as consenting to marriage or selling property.
Heir
A person who inherits from a deceased estate.
High Court
A superior court that hears serious criminal cases, larger civil claims and appeals from lower courts.
Indemnity
A promise to cover another person’s loss or liability.
Interdict
A court order stopping someone from doing something, or ordering them to do it.
Intestate
Dying without a valid will. The estate is then divided according to the Intestate Succession Act.
Judgment
A court’s final decision in a case.
Jurisdiction
The authority of a court to hear a particular type of case or case from a particular area.
Juristic person
An entity with its own legal identity, such as a company, that can own property and sue or be sued.
Legal Aid South Africa
A state-funded body that provides free legal representation to people who cannot afford it.
Letter of demand
A formal letter asking someone to pay or perform by a deadline before legal action is taken.
Letters of executorship
The document issued by the Master of the High Court that authorises an executor to act.
Lobola
A customary marriage negotiation in which the groom’s family delivers property or money to the bride’s family.
Magistrate
A judicial officer who presides in a magistrate’s court.
Maintenance
Financial support that one person must pay for another, usually a child or former spouse.
Master of the High Court
The office that supervises deceased estates, trusts and the Guardian’s Fund.
Mediation
A process where a neutral mediator helps people reach their own agreement.
Notary
An attorney qualified to draw up and certify certain documents, such as antenuptial contracts.
Ombud
An independent official who investigates complaints against a business or industry, usually for free.
Onus
The burden of proving something in a case.
Plaintiff
The person who brings a civil claim in court.
Power of attorney
A document that authorises someone to act on your behalf.
Prescription
The rule that a claim expires if it is not enforced within a set period, usually three years for debts.
Protection order
A court order that prohibits an abuser from committing domestic violence or contacting the victim.
Quantum
The amount of money claimed or awarded in a case.
Rescission
Setting aside a court judgment or cancelling a contract.
Respondent
The person who opposes an application or appeal.
Sequestration
A court order declaring a person insolvent and placing their estate under a trustee.
Sheriff
The officer who serves court documents and carries out court orders.
Summons
A document that starts a civil case or orders someone to appear in court.
Surety
A person who agrees to pay someone else’s debt if they do not.
Testator
A person who makes a will.
Title deed
The registered document that proves who owns a property.
Tribunal
A specialised body, such as the Rental Housing Tribunal, that resolves particular disputes.
UIF
The Unemployment Insurance Fund, which pays short-term benefits to workers who lose their jobs or go on maternity leave.
Usufruct
The right to use and benefit from someone else’s property, often left to a surviving spouse.
Voetstoots
Selling something ‘as is’. It does not protect a seller who hid a defect they knew about.
Void
Having no legal effect from the start.
Warrant of arrest
A court document that authorises the police to arrest a person.
Will
A written document setting out what should happen to your estate when you die.
Without prejudice
Words on a settlement offer meaning it cannot later be used as an admission in court.
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