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LITIGATIONENFORCING OR DEFENDING YOUR RIGHTSLitigation is the process of taking a person to court to enforce a claim or going to court to defend a claim lodged by another party. The court structure in South Africa is complex. Further information on courts can be found here. When one is accused of contravening a statute or committing a crime, you are usually charged by the state and the type of court case is referred to as criminal litigation. When a person wants to enforce a claim against another person, civil litigation is usually used to enforce the claim. Sometimes a defendant can be involved in the various forms of litigation in different roles. A good example of the various roles is the motor vehicle collision. The reckless or negligent driver, may be charged criminally to account for his/her conduct. He/she may also be sued in the civil courts for damage to the property (vehicle) of another party. He/she may also be called as a witness in a trial against the Road Accident Fund (which is the statutory third party insurer for motor vehicle collisions.) Ever since the ancient Romans, proper litigation has required an expert approach and the litigation attorney is a specialist as regards the rules of the various courts. Our attorneys do not only have extensive litigation experience, but have also been engaged as practice orientated lecturers in the fields of Commercial Litigation, court practice and the South African Constitution. Should the litigation involve employer/employee matters, the Labour Law might play an important role.
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