Civil Litigation:

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Civil litigation covers non-criminal disputes between natural persons, juristic persons (companies, CCs, trusts) and, at times, organs of state.
Matters proceed either by action (issued by summons—the parties are Plaintiff and Defendant) or by application (by notice of motion—the parties are Applicant and Respondent).

Typical disputes include: breach of contract, delict (negligence/personal injury), property and neighbour disputes, landlord–tenant issues, insurance and consumer claims, defamation, and wills/estates and trust disputes (often involving the Master’s Office and the High Court). Many matters settle or go to mediation/arbitration rather than trial.

 

 

Note: Employment disputes mainly follow the Labour Relations Act pathway via CCMA/Bargaining Councils and the Labour Court, not the ordinary civil courts (with limited exceptions).

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Commercial Litigation:​

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Commercial litigation is a subset of civil litigation focused on business-related disputes. The parties may be individuals, companies/CCs, partnerships, trusts, or organs of state.

Typical disputes include: breach of commercial contracts, shareholder/partnership fall-outs, director’s duties and Companies Act remedies, restraints of trade, insolvency and business rescue (sequestration/liquidation),banking/finance and security enforcement, franchise/distribution disputes, insurance, and intellectual property disputes. Depending on subject matter, some issues go to specialised forums (e.g. Competition Tribunal/Appeal Court, Tax Court) or to arbitration if the contract requires it.

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Labour Litigation:

 

Employment-related disputes governed by labour legislation.

• Usually handled by the CCMA, Bargaining Councils, or the Labour Court.

• Examples: unfair dismissal, wage disputes, unfair labour practices.

 

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Administrative Litigation:

Challenging decisions or actions of government or public bodies under the Promotion of Administrative Justice Act (PAJA) or constitutional principles.

• Examples: tender reviews, licence disputes, planning/zoning objections.

 

 

Consitutional Litigation:

Cases involving interpretation, protection, or enforcement of constitutional rights.

• Examples: equality challenges, freedom of expression, constitutional validity of legislation.

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Family Law Litigation:

Disputes within family relationships.

• Examples: divorce, child custody, maintenance, domestic violence protection orders.

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