In the realm of legal proceedings, two key mechanisms stand out as essential avenues for seeking redress: appeals and reviews. Understanding the differences between these processes is vital for parties seeking to challenge decisions made during litigation proceedings in South Africa. This article delves into the nuances of appeals and reviews, offering clarity on when and how each process is employed.

Introduction: Seeking Redress in South African Litigation

Both appeals and reviews serve as checks and balances within the legal system, allowing parties dissatisfied with court decisions to seek corrective action. While both mechanisms aim to rectify errors, they operate differently based on distinct criteria and objectives.

In short, an appeal is concerned with whether a decision is correct, whereas, a review is concerned with whether a decision is lawful.

Appeals: Pursuit of a Reversal

Definition: An appeal is a formal request made to a higher court to reconsider a decision made by a lower court.

Objective: The primary goal of an appeal is to seek a reversal or amendment of the lower court's decision. It involves challenging the correctness of the legal interpretation, application of the law or factual findings. An appeal involves re-hearing the facts and making a fresh determination on the merits.

Grounds for Appeal: Appeals are usually based on points of law or legal principles to determine whether a decision was right or wrong. Parties must demonstrate that the lower court made an error that affected the outcome of the case.

Process: During an appeal, the higher court reconsiders the record of the lower court proceedings, examines legal arguments and may hear oral submissions. The appeal court can uphold, reverse or modify the lower court's decision.

Reviews: Scrutiny of Procedural Fairness

Definition: A review is a process where the legality and procedural fairness of a decision made is examined. A review is ultimately concerned with process and regularity and is not directed at correcting a decision on the merits, but is aimed at the maintenance of legality.

Objective: Reviews aim to assess the fairness of the decision-making process, ensuring that decisions adhere to principles of legality and procedural justice.

Grounds for Review: Reviews are generally based on procedural irregularities, errors of law, unreasonableness or irrationality in the decision-making process.

Process: During a review, it is assessed whether the decision-maker followed correct procedures, considered all relevant factors and applied the law correctly. The court may quash or set aside the decision if it is found to be procedurally unfair or irrational.

Scope of Review: Reviews can encompass both questions of law and questions of fact but (only if the questions of fact relate to procedural irregularities or unreasonableness).

Key Differences at a Glance

• Objective: Appeals seek a reversal or amendment of a decision and involves re-hearing the facts and making a fresh determination on the merits, while reviews assess the legality and fairness of the decision-making process.

• Grounds: Appeals are based on points of law and fact, while reviews focus on procedural irregularities, unreasonableness or irrationality.

• Process: Appeals involve a higher court reconsidering the legal aspects of the case, while reviews scrutinize the decision-making process itself.

• Outcome: Appeals can result in a modified, reversed or upheld decisions. Reviews can lead to the quashing or setting aside of the decision if procedural fairness is compromised.

Conclusion: Choosing the Right Path

In the intricate world of South African litigation, the choice between pursuing an appeal or a review depends on the specific circumstances and goals of each case. While appeals target the correctness of the lower court's decision, reviews address procedural fairness and legality. By understanding the nuances of these two mechanisms, legal practitioners and parties can make informed decisions about the most suitable path to seek redress and uphold justice.

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.