The purpose of the Small Claims Court
The Constitution of the Republic of South Africa (“the Constitution”) does not explicitly provide for a right of appeal from a Small Claims Court judgment. However, section 34 of the Constitution does provide that “everyone has the right to have any dispute […] decided in a fair public hearing before a court or, where appropriate, […]
Choosing mediation when resolving disputes
If I suggest mediation to a party with whom I have a dispute, am I signalling that I lack confidence in my own case? Mediation offers many advantages to parties for resolving a range of disputes, when compared to litigation and arbitration. The mediator must however be properly qualified. Lawyers, who understand mediation, have an […]