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The small claims court resolves matters speedily, inexpensively and informally. Whether you are the claimant (plaintiff) or the party opposing the claim (the defendant), you must conduct your own case in court without legal representation. Here are some tips on dealing with your small claims court case.
The Road Accident Fund (RAF) was established to compensate victims of road accidents in South Africa, including pedestrians and their families. An alarming percentage of people who are injured or die on South African roads are pedestrians, with Arrive Alive putting this figure at 35 to 40% of all road accident victims.
In May 2019 the Bloemfontein High Court confirmed that a secret offer which is made by any party to a damages claim (including the plaintiff) to save costs will affect the costs order. Such an offer is known as a Calderbank offer with origins in English law and similar principles apply in the South African legal context.
The Rules Board for Courts of Law has issued a draft rule proposing a new Rule that will compel South Africans to declare that they have considered mediation as a solution to any forthcoming legal matter and, if not, the court itself is obligated to manage cases effectively and recommend mediation as a dispute resolution if it deems it appropriate.
If you had to hazard a guess, when do you reckon the COFI Bill will be signed into law?