Best Appeal Lawyers in Johannesburg

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Joubert Galpin Searle
Johannesburg, South Africa

Founded in 1928
English
Established in 1928, Joubert Galpin Searle has built a reputation as a leading law firm in the Eastern Cape, South Africa. With nearly a century of experience, the firm offers comprehensive legal services across various sectors, including commercial law, conveyancing, employment law, estate...
Johannesburg, South Africa

Founded in 2020
English
Robberts Attorneys, headquartered in Emalahleni, South Africa, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's areas of expertise encompass criminal law, bail applications, commercial and contractual law, company law, debt collection,...

English
Maree & Pace, Mpulo - Attorneys & Conveyancers is a multidisciplinary practice that advises individuals and businesses across administrative, civil, family, labor relations, insolvency, debt collection, and property transfer matters. The team focuses on aligning legal strategy with commercial and...
Mudau M Attorneys
Johannesburg, South Africa

Founded in 2024
2 people in their team
English
Mudau M Attorneys - Professional Legal ServicesWho We AreAt Mudau M Attorneys, we pride ourselves on being a premier legal firm specializing in civil litigation across various fields of law and the administration of deceased estates. Our mission is to deliver reliable, well-founded, and tailor-made...
Kgomo Attorneys Inc
Johannesburg, South Africa

English
Kgomo Attorneys Inc, located in Mahikeng, North West Province, offers a comprehensive range of legal services to both individuals and businesses. The firm's practice areas include civil litigation, matrimonial and divorce disputes, urgent applications, insolvency proceedings, and general commercial...
Tabacks
Johannesburg, South Africa

Founded in 2000
200 people in their team
Afrikaans
English
Our storyTabacks was started by Lourens van Staden, Mervyn Taback and Rupert Smith, when they decided to break away from Deneys Reitz (with Elize Serfontein and Catharine Keene also from Deneys Reitz joining them a few months later).The intention was to start a boutique law firm, primarily focused...

Founded in 2023
English
Fakude & Associates Attorneys, Nelspruit Branch, offers comprehensive legal services with a focus on family law, labour law, commercial law, dispute resolution, criminal law, and debt collection. The firm is led by Director Phethelo Fakude, who earned his LLB from the University of Pretoria in...
Stabit Advocates
Johannesburg, South Africa

Founded in 2000
173 people in their team
English
French
Spanish
Afrikaans
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
Bregman Moodley Attorneys Inc
Johannesburg, South Africa

Founded in 1974
50 people in their team
Afrikaans
English
Bregman Moodley Attorneys Inc has been chosen as a winner of a 2019 International Advisory Experts Award in the categories Wills & Estate/Divorce Law services in South Africa.Clients want comfort, reassurance, and connection during the most stressful life events, like getting a divorce, the...
Nkosana Moyo Attorney Inc

Nkosana Moyo Attorney Inc

1 hour Free Consultation
Johannesburg, South Africa

Founded in 2021
2 people in their team
English
About UsFounded in 2021 by Mr. Nkosana Moyo, Nkosana Moyo Attorney Inc. has rapidly established itself as a leading boutique law firm. Mr. Moyo brings a wealth of post-qualification experience from both inside and outside of legal practice, ensuring our clients receive expert guidance grounded in a...
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About Appeal Law in Johannesburg, South Africa

Appeal law in Johannesburg is a critical aspect of the legal system, allowing individuals and entities to challenge court decisions they believe are incorrect or unjust. The appeal process is designed to ensure that errors or misjudgments made during a trial are rectified. Johannesburg, being a major metropolitan area in South Africa, has a robust legal framework and an array of qualified legal professionals who specialize in appellate litigation. The appeal process involves reviewing facts and law to potentially overturn or amend a lower court's decision.

Why You May Need a Lawyer

There are several reasons why one might need a lawyer for an appeal in Johannesburg:

  • Incorrect Verdict: If you believe the verdict was incorrect based on the evidence or law, an appeal can offer a chance to re-evaluate the judgment.
  • Procedural Errors: Appeals can address procedural mistakes that might have occurred during the trial, affecting the outcome.
  • Unjust Sentencing: In criminal cases, if a sentence is perceived as unfair or excessive, appealing is a pathway to potentially obtaining a fairer judgment.
  • New Evidence: Discovery of new, significant evidence that could affect the outcome of a case may be grounds for appeal.
  • Legal Repercussions: Appeals can impact future legal proceedings or professional standings, making it essential to engage legal expertise.

Local Laws Overview

Appeal procedures in Johannesburg conform to the laws governing the South African legal system. Key aspects include:

  • Hierarchy of Courts: The South African judiciary system is hierarchical; appeals typically move from lower courts to higher courts like the High Court, Supreme Court of Appeal, and finally, the Constitutional Court.
  • Time Limitations: Appeals must be filed within a specific period after the judgment, usually 21 days. Extensions may be granted under certain circumstances.
  • Grounds for Appeal: Appeals are generally based on legal rather than factual errors, requiring a clear demonstration of misapplication or misinterpretation of the law.
  • Legal Representation: Representation by a lawyer is highly recommended due to the complexities involved in legal argumentation and procedural rules.
  • Cost Considerations: Appellants are usually responsible for costs unless the court orders otherwise, making financial planning an essential factor in the decision to appeal.

Frequently Asked Questions

What is an appeal?

An appeal is a legal process where a higher court is asked to review the decision of a lower court. It's invoked when a party believes an error occurred during the trial.

When can I file an appeal?

Appeals need to be filed within a specific timeframe, usually within 21 days after the judgment is delivered. It's crucial to act promptly to avoid missing deadlines.

Do I need a lawyer to file an appeal?

While you technically can represent yourself, having a lawyer is strongly advised due to the complex nature of appeal procedures and legal interpretation.

What are the possible outcomes of an appeal?

The appellate court may uphold the original decision, reverse it, or send the case back to the lower court for further proceedings.

Can I introduce new evidence during an appeal?

Typically, new evidence is not permitted during an appeal unless it is material and you can demonstrate due diligence why it wasn't presented earlier.

What is the difference between an appeal and a retrial?

An appeal reviews the lower court's decision for legal errors, while a retrial involves a completely new trial, often ordered if an appeal succeeds and warrants it.

How much does it cost to file an appeal?

Costs can vary greatly and include filing fees, legal representation, and potentially other associated costs. Consult with a lawyer for a breakdown of possible expenses.

What is the success rate of appeals?

Success depends on various factors including the strength of the legal arguments and the specifics of the case. Approximately 15-25% of appeals may result in a change to the original decision.

How long does the appeal process take?

The duration varies significantly, from several months to over a year, depending on the complexity of the case and the court's schedule.

Can an appeal be withdrawn?

Yes, an appeal can be withdrawn at any time before the appellate court delivers its decision. It often involves negotiating a resolution with the other party.

Additional Resources

There are several resources available to individuals seeking assistance with appeals in Johannesburg:

  • Law Society of South Africa: Offers directories of accredited lawyers specializing in appeals.
  • Legal Aid South Africa: Provides legal assistance to those who cannot afford private lawyers.
  • South African Courts Website: Offers information on court procedures and filing guidelines for appeals.
  • University Legal Clinics: Some universities offer free or low-cost legal services via student clinics supervised by professionals.

Next Steps

If you believe you have grounds for an appeal, consider the following steps:

  • Consult with a Lawyer: An initial consultation will help assess the viability of your appeal and guide you on potential outcomes.
  • Gather Documentation: Compile all relevant case documents, including the trial transcript, judgment, and any new evidence.
  • File a Notice of Appeal: Your lawyer will draft and file this document to formally initiate the appeal process.
  • Prepare Legal Arguments: Work with your lawyer to develop compelling arguments that focus on legal errors made during the trial.
  • Attend the Appeal Hearing: Be prepared to attend court sessions as required and follow the legal advice given.

Taking informed and timely action is crucial in the appeal process to improve your chances of a favorable outcome.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.