The legal system is complex and formal, but the door to the courtroom is not locked to those who cannot afford, or choose, not to hire a legal practitioner.
1. The Legal Right: Section 34 of the Constitution
The starting point for self-representation is Section 34 of the Constitution, which guarantees everyone the right to have a legal dispute decided in a fair public hearing before a court. This implicitly includes the right to represent yourself (acting as a “litigant in person”).
In the High Court, you are permitted to:
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Draft and sign your own summons or applications.
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Issue and serve court documents.
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Stand before a Judge and argue your case during a trial or motion .
2. The Exception: Can a Company Represent Itself?
Unlike individuals, companies (juristic persons) generally cannot represent themselves in the South African High Court .
Following the landmark Supreme Court of Appeal case, Manong & Associates v Minister of Public Works, the law is clear: a company must be represented by an admitted attorney or advocate. A director or shareholder cannot simply walk into court and speak for the company unless they are a qualified legal practitioner.
While a court can grant exceptional permission for a director to represent a company, this is extremely rare and requires a formal application proving that the interests of justice demand it .
3. The “Standard of Excellence” Rule
A common pitfall for self-represented litigants is the belief that the Judge will be more “relaxed” with the rules because they aren’t a lawyer.
While Judges are encouraged to play an active role in assisting unrepresented parties to ensure a fair trial, you are still bound by the Uniform Rules of Court. This means:
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Procedural Strictness: You must meet the same deadlines as legal practitioners. If you fail to file a “Notice of Intention to Defend” or “Plea” on time, the other side can take a default judgment against you.
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The Address for Service: Under Rule 16, you must provide an official address (physical and often electronic) where documents can be served on you. In many divisions, this address must be within a certain distance (usually 15km) of the court, or you must use the Court Online portal for electronic filing.
4. What is at Stake?
Representing yourself is a high-risk endeavour. The two greatest dangers are:
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Adverse Cost Orders: If you lose your case, the general rule is that “costs follow the result.” This means the Judge will likely order you to pay the legal fees of the winning side. In the High Court, where senior advocates charge thousands of rands per hour, this can lead to personal bankruptcy .
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Inequality of Arms: You will likely be facing an experienced legal team. They know the technical “traps” of the law, such as exception (objecting to your papers because they don’t disclose a legal cause of action) or striking out evidence that wasn’t prepared correctly .
5. Can You Have Help? (McKenzie Friends)
If you are overwhelmed, you may ask the Judge for permission to have a “McKenzie Friend. This is usually a friend or family member who sits with you to:
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Organize your files.
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Take notes.
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Give you quiet advice .
Crucially, a McKenzie Friend is not your attorney or advocate. They cannot address the Judge, they cannot sign documents for you, and they cannot “represent” you in the legal sense. It is a criminal offense for an unqualified person to practice law or act as a legal representative for another
While the right to represent yourself is constitutionally protected, doing so in the High Court is a high-stakes gamble that we strongly advise against. The court operates under a “standard of excellence” where litigants in person are held to the same rigorous procedural requirements as seasoned advocates.
A single technical error or missed deadline can lead to your case being dismissed before it is even heard. Beyond the legal complexity, the financial risk is substantial. If you lose, you will likely be ordered to pay the opposing side’s legal costs, which can reach life-changing sums. Entrusting your matter to a qualified legal professional is not just about convenience, it is an essential investment to ensure your rights are protected by an expert who understands how to navigate the pitfalls of the law and the pressures of the courtroom.
by Jaques van den Ende