Case Process

1. Private Entities and Individuals

All civil matters are lodged by aggrieved private individuals and/or entities by way of a Statutory Notice of Intention to Sue in terms of Section 4 of the State Proceedings Act (Civil Actions by or against Government) which is delivered to the Records Management Unit at the Attorney General's Chambers.

2. Civil Litigation Division

Upon delivery of the Statutory Notice to the Records Management Unit; the matter is allocated to one of the Counsels in the division. The Counsel would be seized with the responsibility of perusing the notice and thereafter notifying the relevant Ministry and/or Department of the aggrieved individuals claim.

The Claim is thereafter assessed by the said relevant Ministry and/or Department and a determination is made on whether to settle the matter out of Court or to wait for the institution of Court proceedings and defend the matter.

Similarly, the Ministry and/or Department forwards instructions to institute legal proceedings against individuals and/or entities they are aggrieved with and have a legal basis for such. These include but are not limited to breach of contract and damages. 

All civil claims are governed in terms of the relevant rules of the Court the matter has been registered at such as the Rules of the High Court, Magistrate Court, Industrial Court and the Court of Appeal. A matter may be dismissed in the event the aforementioned rules are not applied.

3. The Courts

There are factors that may affect the completion of a case before the court. These include but not limited to;

Lack of available dates on the Judges Diary and Postponements for various reasons either by the Judge or the Attorneys tasked with the matters.