How To Obtain A Court Order In South Africa

What is a court order?

The end result of all cases issued in Court is the obtaining of a Superior Court order

Who is authorized to grant a Court order?

Superior Court orders are given by a Judge of the Superior Court and issued by the office of the Registrar

Who is authorized to sign/issue a court order?

A Judge may initial the Court order but only a Registrar is allowed to sign a court order

Can a court order only be issued at court?

A Superior Court order can only be issued at a Superior Court that granted the order.
Must a party be present for a court order to be issued or can it be issued in his/her absence?
A Superior Court order can be issued in the absence of the parties.

What is the procedure for obtaining a court order?

The following processes and procedures are involved in obtaining such order

A Judge will give a Superior court order at the end of a summons or motion proceeding.

The order is annotated on the cover of the Court file by the Judges clerk This order is then taken to the Registrars section of the High Court

The typists at the Superior Court will then type the said order

The typist will have the typed order taken to a Registrar who
will then sign the said order

Draft orders handed up to a Judge in court are initialed and dated on the top right-hand corner

The order is then taken to the typist to ensure that all relevant information and details are on the draft order

The typist will then take the draft order to the Registrar to sign.

How do you identify that a court order is legitimate?

The order will have the emblem of the office of the Chief Justice affixed to the top of it, older orders will
have the Coat of Arms emblem affixed to it

It will state in which Division the order was made e.g. “In the High Court of South Africa, North West Division, Mafikeng”

It will have the date

It will state the name of the Judge as follows “Before the Honourable Mr Justice Mamogale ‘

It will state the names of the Plaintiff and Defendant

It will state the order given

The date stamp of the court will be affixed

The order will be signed by the Registrar

6.9. The court seal will be affixed to the order

Will a party to a matter receive an original or a copy of a court order?

The court order will be an original that will be provided to the party who brought the application and a copy to the other side.

How do you go about verifying if the court order that was issued is an authentic and legal document?

Should any individual be unsure about the legitimacy of any court order they should contact the Chief Registrar/ Registrar’s office of that particular court.

What is the next process to be followed when it is determined that the court order in your possession is not a legitimate court order?

If it is determined that the court order in your possession is not a legitimate one the following steps must be taken

The court order must be reported to the Registrar’s office at the
court of issue

The matter must be reported to the nearest SAPS office for
further investigation

How long does it take to get a court date in South Africa?

The trial date is usually within 30 months of the start of the litigation. More complex cases can take longer – between three to five years – to reach a final judgment i.e. after all appeals have been exhausted.

How do you enforce a court order in South Africa?

Once judgment is obtained, the judgment creditor is entitled to attach and to sell the debtor’s property (whether movable, immovable, or incorporeal). This is done by obtaining a writ of execution, which is issued by the court and which will be enforced by service of it by a sheriff of the court.