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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-11-08
In this issue we take a brief look at the various official bearers who hold office within the High Courts in South Africa and understand what each of their roles are. Source: Department of Justice.

The Registrar of the High Court - The functions of a registrar are mainly administrative. The registrar also has semi-judicial duties, e.g. issuing civil process (summonses, warrants, subpoenas) and so on. Other important duties of the registrar are that of taxing-master for that particular High Court division. Registrars also compile case lists, arrange available courts, lend assistance to judges in general and keep records.

The Family Advocate- The Family Advocate assists parties in a dispute involving minor children to reach an agreement on disputed issues, namely custody, access and guardianship of children. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties' circumstances by taking account of the best interests of the child. He or she will then make a written recommendation to the Court on these issues.

The Master of the High Court- The Master's office serve the public in matters involving Deceased Estates; Liquidations (Insolvent Estates); Registration of Trusts; Tutors and Curators; and Administration of the Guardian's Fund (for minors and mentally challenged persons).

The Sheriff of the court- The Sheriff is an impartial and independent official of the Court appointed by the Minister of Justice and Constitutional Development who must serve or execute all documents issued by our courts. These include summonses, notices, warrants and court orders.

The Directors of Public Prosecutions- These are individuals who are responsible for all the criminal cases within their provinces.  All the prosecutors are under their control. The police bring information about a criminal case to the Director of Public Prosecutions or his/her representative prosecutors. The Director of Public Prosecutions or his/her representative prosecutor then decides whether there is a good reason to have a trial and whether there is enough information to prove in court that the person is guilty.

The State Attorney- The State Attorney's Division of the Department of Justice functions like an ordinary firm of attorneys, except that its clients are the different departments of government and not private individuals. The state attorney's major function is to protect the interests of the State by acting for all government departments and administrations in civil cases, and for officials sued in their official capacity.

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance.