The courtroom Chronicles: Your journey through the South African legal system.
- The insightful Pineapple
- Mar 27, 2024
- 3 min read
Updated: Apr 15, 2024
27 March 2024
If you are anything like me, the idea of appearing in court might make your heart stop and your anxiety rise. The panic sets in, and you don’t know what to expect. The first thought going through your head is, will I survive prison? What will my sentence be? What should I wear? Will I have loved ones there to support me? Well, thankfully, your insightful pineapple is here to help you navigate your way through what happens during a trial or court appearance.
The first thing you need to know is that to
appear in court, you either need to be arrested or receive a summons from the
SAPS. Once you have been arrested and made your first appearance, as mentioned
in last week’s blog, you will now go through the entire trial process.
After your first appearance, you receive a new date.
This means your trial will then begin, and you are required to be at the
courthouse early. And just a fashion tip, make sure your shoulders are
covered; otherwise, you will not be allowed into the courtroom.
When your day arrives, it is now the waiting time,
please note that if you are out on bail you will not have to go down to the
court cells you just sit in the waiting area outside. The police station will
bring your docket to court, and when it is your turn, you will be called up,
whether you are out on bail or not. You then sit on the bench until you are
called to stand, at which point your lawyer will take over.
The docket is handed to the judge, upon which
evidence should be available, and your lawyer will have a presentation ready to
plead your case. If it is a small matter, then it should be a quick,
done-and-dusted situation, but there are times when things can go wrong.
That is why you need legal representation, as they
will plead your case for you. It is essential to be honest with your lawyer, as
they can help you better that way. During the trial, your legal counsel will ask
and provide the court with evidence and witnesses this is to determine your
character and to show your innocence or guilt. Once the trial is over, a
judgment will be given where you get sentenced. This can range from community
service to a fine or even jail time.
Please note that you can appeal the ruling, but this
will take the matter from the magistrate’s court to a higher court. This is a more
intense process that can deliver results that you might not like.
It is important to note that in South Africa, there
are times when your docket just goes "missing." This means that you
will appear in court on your determined date, but your paperwork is not there.
This means that you have to wait until all cases are complete to receive a new
date. If this happens more than three times, you can ask that they scrape the
entire case from the roll.
What does that mean? Well, it means you get your bail money back, but you do not have a definite record; it will show up as pending. This also means that once the SAPS finds your documentation, you will then receive a summons to appear in court. You also receive paperwork and you get to take an image of all paperwork if someone does a background check. You can show them that you did appear but the paperwork never arrived.
There is a form of relief that you feel once your case is finalized, or even if it means your name is scraped from the roll. Knowing your fate is a good feeling whether it is a good or bad outcome. It is also advised that you seek counseling afterward as it is a traumatic experience.
Please note that each case is different and it is important to speak to your legal counsel on what to fully expect for your individual case.
Resources:
Let us know in the comments how your experience was.
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