Demonstrate An Understanding Of Procedure In Courts And Other Fora Training

Objectives:
• Explain the structure of the South African legal system
• Identify the sources of law in South Africa
• Describe the hierarchy of courts
• Understand the role of the Constitution

Topics:
• Overview of the South African legal system
• Sources of law: Constitution, legislation, common law, case law
• Court hierarchy: Constitutional Court, Supreme Court of Appeal, High Courts, Magistrates' Courts
• Role of the Constitution and Bill of Rights

Objectives:
• Define jurisdiction and its importance
• Distinguish between civil and criminal proceedings
• Identify different types of courts and their jurisdictions
• Explain the concept of forum shopping

Topics:
• Definition and types of jurisdiction
• Civil proceedings vs criminal proceedings
• High Court vs Magistrates' Court jurisdiction
• Specialised courts: Labour Court, Land Claims Court
• Forum shopping and its implications

Objectives:
• Identify the roles of courtroom personnel
• Describe the etiquette and decorum in court
• Understand the duties of the judge, prosecutor, and defence
• Recognise the role of court clerks and interpreters

Topics:
• Roles: Judge, magistrate, prosecutor, defence attorney
• Court officials: Registrar, clerk of the court, interpreter, usher
• Courtroom etiquette and dress code
• Seating arrangements and addressing the court

Objectives:
• Outline the pre-trial process in criminal matters
• Explain the purpose of bail hearings
• Describe the preliminary inquiry procedure
• Understand the role of the docket and charge sheet

Topics:
• Arrest and charge sheet
• First appearance and bail application
• Preliminary inquiries and Section 119 notices
• Criminal docket management
• Pre-trial conferences

Objectives:
• Describe the stages of a civil action
• Explain the purpose of pleadings
• Understand the discovery process
• Identify pre-trial conferences and case management

Topics:
• Summons and particulars of claim
• Pleadings: declaration, plea, replication
• Discovery of documents and interrogatories
• Pre-trial conferences and case management
• Summary judgment applications

Objectives:
• Explain the stages of a criminal trial
• Describe the presentation of evidence
• Understand the role of examination-in-chief, cross-examination, and re-examination
• Identify the verdict and sentencing process

Topics:
• Opening statements
• Examination-in-chief, cross-examination, re-examination
• Presentation of exhibits and witnesses
• Closing arguments
• Verdict and sentencing procedures

Objectives:
• Outline the stages of a civil trial
• Understand the rules of evidence in civil cases
• Describe the judgment and order process
• Explain the difference between action and application proceedings

Topics:
• Action proceedings vs application proceedings
• Trial: opening, evidence, closing
• Burden of proof in civil cases
• Judgment and orders
• Costs and taxation

Objectives:
• Define evidence and its purpose
• Classify types of evidence
• Understand the rules of admissibility
• Explain the concept of burden and standard of proof

Topics:
• Types of evidence: oral, documentary, real
• Admissibility: relevance, hearsay, privilege
• Burden of proof in criminal and civil cases
• Standard of proof: beyond reasonable doubt vs balance of probabilities

Objectives:
• Understand the process of calling witnesses
• Describe techniques for examination-in-chief, cross-examination, and re-examination
• Identify rules for leading questions and hostile witnesses
• Explain witness preparation and credibility

Topics:
• Subpoena and witness summons
• Examination-in-chief: open-ended questions
• Cross-examination: leading questions, impeachment
• Re-examination and redirect
• Hostile witnesses and refreshing memory

Objectives:
• Explain the purposes of sentencing
• Identify different types of sentences
• Understand the factors considered in sentencing
• Describe civil remedies and orders

Topics:
• Purposes: retribution, deterrence, rehabilitation
• Types of sentences: imprisonment, fines, correctional supervision
• Mitigating and aggravating factors
• Civil remedies: damages, interdicts, specific performance
• Enforcement of orders

Objectives:
• Distinguish between appeal and review
• Explain the grounds for appeal
• Describe the appeal procedure
• Understand the role of the Supreme Court of Appeal and Constitutional Court

Topics:
• Appeal vs review: differences
• Leave to appeal and petition
• Record of proceedings
• Heads of argument
• Judgment on appeal: confirmation, reversal, remittal

Objectives:
• Describe the structure and jurisdiction of the Labour Court
• Explain the role of the CCMA
• Understand the Equality Court procedures
• Identify other specialised tribunals

Topics:
• Labour Court and Labour Appeal Court
• CCMA: conciliation, arbitration
• Equality Court: complaints, proceedings
• Other fora: Electoral Court, Competition Tribunal

Objectives:
• Define ADR and its benefits
• Understand mediation and arbitration processes
• Explain the role of ombudsmen and tribunals
• Compare ADR with court proceedings

Topics:
• Types of ADR: negotiation, mediation, arbitration
• Mediation process: opening, joint sessions, caucuses
• Arbitration: binding vs non-binding
• Ombudsman schemes: FAIS, PPO
• Advantages and disadvantages of ADR

Objectives:
• Identify key court documents
• Understand the process of filing and service
• Explain the rules of drafting pleadings and affidavits
• Recognise the importance of case numbers and indexing

Topics:
• Key documents: summons, notice of motion, affidavit
• Filing procedures and deadlines
• Service: personal, substituted, edictal citation
• Drafting pleadings: format, content, signature
• Case management and indexing

Objectives:
• Understand ethical obligations of legal practitioners
• Explain the duty to the court and client
• Identify conflicts of interest
• Describe the consequences of unethical conduct

Topics:
• Legal profession codes of conduct
• Duty to the court: candour, fairness
• Duty to client: confidentiality, competence
• Conflict of interest and disclosure
• Disciplinary proceedings and sanctions

Objectives:
• Apply procedural knowledge in a simulated environment
• Practice examination and cross-examination techniques
• Demonstrate understanding of court etiquette
• Receive feedback on performance

Topics:
• Preparation of mock case facts
• Role allocation: judge, counsel, witnesses
• Conducting trial: opening, evidence, closing
• Feedback and debriefing
• Reflection on learning outcomes

Objectives:
• Synthesise knowledge of court procedures across different fora
• Complete a comprehensive assessment
• Identify areas for further development
• Create a personal action plan for professional practice

Topics:
• Review of key concepts from all days
• Case study analysis: multi-fora scenario
• Written assessment: multiple choice and short answer
• Practical assessment: oral presentation on a procedure
• Feedback and certification