Heads of Argument: Explanation and Purpose in South Africa

Definition

In the context of South African law, "heads of argument" (also sometimes referred to as "heads”), refers to a written document that outlines the legal arguments, authorities (case law, statutes, regulations, etc.) and key points that a legal representative intends to present during oral arguments in court proceedings. These proceedings can occur at various levels, including trial courts, appellate courts and administrative tribunals.

Purpose

The primary purpose of heads of argument is to assist the court, opposing parties and the party presenting the case in organizing and understanding the complex legal issues at hand. They serve several key purposes:

1. Guidance for Oral Presentation: Heads of argument provide an organised structure for the oral presentation of a case during court proceedings. They help the presenting party stay focused and ensure that all relevant legal arguments and points are covered.

2. Clarity and Efficiency: By outlining the main arguments, legal principles and relevant authorities, heads of argument help streamline the oral presentation. This clarity contributes to more efficient court proceedings.

3. Assistance to the Court: The court benefits from heads of argument as they allow judges or magistrates to familiarize themselves with the parties' positions before the oral arguments begin. This preparation enables the court to better engage with the legal issues during the proceedings.

4. Opposing Party's Preparation: Heads of argument also assist the opposing party in preparing their response. They provide insight into the other party's arguments and help the opposing party formulate effective counterarguments.

5. Focus on Key Issues: By requiring parties to concisely summarize their main arguments and legal authorities, heads of argument encourage parties to focus on the most relevant and impactful issues of the case.

6. Reference for Decision-Making: Heads of argument provide a written record of the parties' positions and arguments. This record is useful for the court's decision-making process, as it ensures that all key points are documented.

7. Appellate Proceedings: In cases where a party wishes to appeal a decision, the heads of argument presented during the initial proceedings can serve as a foundation for the appellate court to understand the issues raised in the case.

Structure

Heads of argument typically follow a structured format, which may include sections for:

• Introduction: A brief overview of the case and the key issues at hand.

• Statement of Facts: A concise summary of the relevant facts of the case.

• Legal Arguments: The main legal arguments that the party intends to present, often organized into numbered points.

• Authorities: References to relevant legal cases, statutes and legal principles that support the arguments.

• Conclusion: A brief summary of the main points and the relief sought from the court.

Conclusion

In conclusion, heads of argument are an essential tool in legal proceedings, serving to organize, clarify and present the legal arguments of a party before a court. They help facilitate a more efficient and focused presentation of a case while aiding the court and the opposing party in understanding the complex legal issues at hand.

Barter McKellar’s specialist litigation attorneys have extensive experience in advising on, drafting and/or settling (both with counsel’s assistance or without counsel assistance) on heads of argument for all types of legal matters. If you need assistance with a litigation matter or dispute, contact our offices today to schedule a consultation with one of our specialist litigation attorneys.