Summary Judgments in South Africa Explained

Summary judgments are a type of court order that can be obtained in certain legal proceedings in South Africa. They allow for a speedy resolution of disputes without the need for a full trial. In this article, we will provide an overview of summary judgments in South Africa, including what they are, how they work and when they can be used.

What is a Summary Judgment?

A summary judgment is a judgment entered by a court for one party and against another party summarily, i.e. without a full trial. It is typically granted when the court determines that there is no genuine dispute of fact and that the legal issues can be decided on the basis of the evidence before the court.

What is the purpose of a Summary Judgment?

This procedure aims to give a party (i.e. the plaintiff) who has an open and shut case a speedy judgment without the delay and expense of a trial in circumstances where the other party (i.e. the defendant) does not have a bona fide defence.

When can Summary Judgment be applied for?

An application for summary judgment can only be entered once the defendant’s plea has been served and filed.

How do Summary Judgments Work?

Summary judgments are typically obtained by way of an application to the court. The party seeking the summary judgment (the plaintiff or applicant) must show that there is no genuine dispute of fact and that the legal issues can be decided on the basis of the evidence before the court. If the court is satisfied that these requirements have been met, it may grant the summary judgment.

When Can Summary Judgments be Used?

Summary judgments can be used in a wide range of legal proceedings, including the following:

1. Debt collection: Summary judgments can be obtained in debt collection proceedings where the debtor has no defence to the claim.

2. Breach of contract: Summary judgments can be obtained in breach of contract proceedings where the breach is clear and there is no genuine dispute of fact.

3. Unlawful dispossession: Summary judgments can be obtained in cases of unlawful dispossession where the claimant can show that they were unlawfully dispossessed of their property.

4. Termination of leases: Summary judgments can be obtained in cases of termination of leases where the landlord can show that the tenant is in breach of the lease agreement.

Conclusion

Summary judgments are an important tool for resolving legal disputes in South Africa. They allow for a speedy resolution of disputes without the need for a full trial, which can save time and money for all parties involved. However, summary judgments can only be obtained in certain circumstances, and it is important to seek legal advice before pursuing this course of action. By understanding what summary judgments are, how they work, and when they can be used, you can make informed decisions about your legal proceedings and increase your chances of obtaining a favorable outcome. Barter McKellar’s litigation lawyers have extensive experience dealing with litigation matters, which includes instituting and defending summary judgment applications. If you would like to find out more, contact our offices.

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.