How To Obtain A court Order In South Africa


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

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 applicationand 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 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.

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 long does the divorce process take in South Africa?

An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 – 3 years, but most contested divorces do settle long before they go on trial.

How To Obtain A court Order In South Africa