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In South Africa, legal terminology refers to the specialized language used in the legal field, including terms, phrases, and definitions that are commonly used in laws, court cases, contracts, and legal documents. This terminology helps ensure precision and clarity in legal communication.


“Inter alia”	The term “inter alia” is a Latin phrase that means “among other things”. It is often used in legal and formal documents to indicate that there are additional items or considerations not specifically mentioned.	For example, you might see it in a sentence like: “The contract covers, inter alia, the terms of payment and delivery”
“Bona fide”	An important and commonly encountered legal concept, the Latin phrase “bona fide” translates to “in good faith”,* implying an absence of fraud or deceit. Its opposite is “mala fide” or “in bad faith”. A fundamental concept in law since ancient Roman times, it’s still used in legal systems around the world two millennia later.* In South Africa it remains ubiquitous in our court decisions and legislation. Whether or not something is found to be “bona fide” can often make or break the outcome of litigation.
“Mala fides”	Is a Latin term that translates to “bad faith”. It refers to dishonest or fraudulent intent, often with the purpose of deceiving or taking advantage of another person. This term is commonly used in legal contexts to describe actions that are undertaken with deceitful motives.	For example, if someone enters into a contract with no intention of fulfilling their obligations, they are acting in mala fides.
*“Sine die”*	Literally means ‘without time”. It’s used when matters are adjourned at court and there is no specific date when the case will be back on the court roll. Sine die is a Latin term that means “without a day”. It is used to indicate that something has been postponed indefinitely, without setting a date for resumption. This term is often used in legal and legislative contexts.	For example, a court case or a legislative session might be adjourned sine die, meaning there is no scheduled date for it to continue.
*“Habeas Corpus”*	An action to bring a person who has been unlawfully imprisoned or detained, before the courts. Habeas corpus is a Latin term that translates to “you shall have the body”. It refers to a legal writ or order that requires a person under arrest to be brought before a judge or into court. The purpose is to ensure that the person’s detention is lawful. This writ is a fundamental safeguard against unlawful imprisonment.	For example, if someone is detained without sufficient cause, they or someone on their behalf can file a writ of habeas corpus to challenge the legality of the detention.
*“Audi Alteram Partem”*	Used in the law of evidence and means, “to hear both sides of the case”. This requires the judicial or presiding officer is compelled to give all parties in a dispute, the right to be heard. Audi alteram partem is a Latin phrase that means “hear the other side”. It is a fundamental principle of natural justice and fairness, ensuring that all parties involved in a dispute have the opportunity to present their case and respond to the evidence against them. This principle is widely applied in legal systems to ensure that decisions are made only after considering all relevant perspectives.	For example, in a court case, both the prosecution and the defence must be given a fair chance to present their arguments and evidence.
*“Per* se”	Means “as such”, or “clearly”, or “a matter of law”. Per se is a Latin phrase that means “by itself” or “in itself”. It is used to indicate that something is being considered independently of other factors or in its own right.	For example, you might say, “The policy is not bad per se, but its implementation has been problematic,” meaning that the policy itself is not inherently bad, but the way it has been carried out is causing issues.
*“Modus operandi”*	literally it means the method of operation. Modus operandi is a Latin phrase that translates to “method of operation”. It refers to a particular way or method of doing something, especially one that is characteristic or well-established. This term is often used in both general and legal contexts to describe the habitual way someone performs tasks or conducts activities.	For example, in criminal investigations, the term is used to describe the specific techniques or patterns a criminal uses to commit their crimes.
*“In camera”*	when no spectators are allowed in a court room. If a minor is involved in a trial, it’s almost always held in camera. In camera is a Latin term that means “in private” or “in a chamber”. It is used to describe legal proceedings or parts of them that are conducted privately, without the presence of the public or press. This can be done to protect sensitive information, ensure privacy, or maintain confidentiality.	For example, a judge might review sensitive documents in camera to decide whether they can be disclosed in open court.
*“Persona* Non Grata”	This is where a person who is not welcome in a foreign country. Persona non grata is a Latin term that translates to “an unwelcome person” In diplomatic contexts, it refers to a foreign person whose entering or remaining in a particular country is prohibited by that country’s government. This designation can be used to expel diplomats or other foreign nationals without needing to provide a reason.
*“Ad hoc”*	literally means for the purpose on hand and for nothing else. Ad hoc is a Latin phrase that means “for this” or “for this specific purpose” It is used to describe something that is created or done for a particular purpose as needed, rather than being planned or prepared in advance.	For example, an ad hoc committee might be formed to address a specific issue, and it will disband once the issue is resolved. Similarly, ad hoc solutions are those that are tailored to solve a particular problem without considering broader applications.
*“De facto”*	means ‘in reality’ or “in fact”. De facto is a Latin term that means “in fact” or “in reality” It is used to describe situations that exist in practice, even if not officially recognized by law or formal agreement.	For example, a de facto leader is someone who holds power and exercises control, even if they do not have an official title or legal authority. Similarly, a “de facto relationship” refers to a relationship that functions like a marriage, even if the couple is not legally married.
*“Curator Ad Litem”*	this is where a person is appointed by the court to protect the interests of a mentally challenged person or a minor is facing litigation. A “Curator ad litem” is a legal term used primarily in South African law. It refers to a person appointed by the court to represent the interests of someone who is unable to represent themselves, such as a minor, an incapacitated person, or someone who is absent. The curator ad litem acts in the best interests of the person they are representing, ensuring that their rights and interests are protected during legal proceedings.
*“Curator Bonis”*	this is a person whom the court will appoint to actually look after the property of that mentally challenged person or minor. A Curator bonis is a legal term used in South African law to refer to a person appointed by the court to manage the financial affairs and property of someone who is unable to do so themselves, such as a minor, an incapacitated person, or someone who is absent. The curator bonis has the responsibility to act in the best interests of the person they are representing, ensuring that their financial matters are handled properly and ethically.
*“Prima facie”*	means “on the face of it”. Usually means there’s a presumption which be considered true unless rebutted or disproved. Prima facie is a Latin term that translates to “at first sight” or “based on first impression” In legal contexts, it refers to evidence that, unless rebutted, is sufficient to prove a particular proposition or fact. Essentially, it means that there is enough evidence to support a case or claim at first glance, without needing further investigation at that stage.	For example, in a civil lawsuit, a plaintiff must present a prima facie case to proceed to trial. This means they need to provide enough initial evidence to support their claim. If they fail to do so, the case might be dismissed before going to trial.
*“Quid pro quo”*	means an equal exchange or commonly “tit for tat”. Quid pro quo is a Latin term that translates to “something for something” It describes a situation where two parties agree to exchange goods, services, or favours of roughly equal value. This term is often used in legal, business, and political contexts to indicate a reciprocal arrangement.	For example, in a business deal, one company might provide a service to another in exchange for a different service or payment. In legal terms, quid pro quo can sometimes have negative connotations, especially if it involves unethical or illegal exchanges, such as bribery.
*“In flagrante delicto”*	means being caught whilst committing the crime or caught “red handed”. In flagrante delicto is a Latin term that translates to “in blazing offense” It is used to describe a situation where someone is caught in the act of committing a crime. The phrase is often used in legal contexts to indicate that a person was caught red-handed, making it easier to prove their guilt.	For example, if a thief is caught by the police while stealing from a store, they are caught “in flagrante delicto.” The term can also be used more colloquially to describe someone being caught in the midst of any wrongdoing, such as infidelity.
*“Obiter dictum”*	this is where the judge makes an incidental remark which does not have a direct bearing on the case. Obiter dictum (plural: “obiter dicta”) is a Latin term meaning “something said in passing” In legal contexts, it refers to a remark or observation made by a judge that is not essential to the decision of the case. These statements do not have the binding authority of precedent but can still be influential and cited as persuasive authority in future cases.	For example, if a judge makes a comment about a hypothetical situation while delivering a judgment, that comment is considered obiter dictum. While it doesn’t directly affect the outcome of the case, it can provide insight into the judge’s thinking and may be referenced in later legal arguments.
*“Sub judice”*	this is where a case is not finalized and is pending judgment. Often a party in a dispute will not respond to media questions if their case is sub judice. Sub judice is a Latin term meaning “under a judge” It refers to a matter that is currently under trial or being considered by a judge or court. When a case is sub judice, it is generally inappropriate to comment publicly on it, as doing so could prejudice the proceedings. This principle is particularly important in criminal cases, where public discussion could interfere with due process. In many jurisdictions, including South Africa, commenting on sub judice matters can lead to contempt of court charges.
*“Onus probandi”*	this means “the burden of proof” In South Africa, the legal position is “he who alleges, must prove” Thus the burden of proof falls on the accuser not the accused. Onus probandi is a Latin term that means “burden of proof” In legal contexts, it refers to the obligation of a party to prove their assertions or claims. The party that bears the onus probandi must provide sufficient evidence to support their position. If they fail to do so, the issue may be decided against them.	For example, in a civil lawsuit, the plaintiff typically has the onus probandi to prove their case by presenting evidence that supports their claims. Similarly, in a criminal trial, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.
*“Ultra vires”*	Ultra vires literally means “beyond the power” and is an important concept because if anyone (such as a company, director, government body, official or the like), acts beyond their powers, that action is invalid for the reason that they lacked the necessary legal authority to take it. You are most likely to come across the concept with companies or trusts acting outside their powers, or with ministers making regulations beyond the legal authority granted to them by an act of parliament. Such actions are not always held to be invalid, but as a rule, everyone must work within the powers granted to them.
“Juristic Person”	In South Africa, a Juristic [also known as a legal person] is an entity that has legal rights and responsibilities, similar to those of a natural person. Juristic persons can enter into contracts own property and be held liable for their actions. They are recognized by law as separate from the individuals who created or control them. There are several types of juristic persons in South African law, including:	Companies: These can be private or public companies and they have distinct legal personalities separate from their shareholders. Close Corporations: Although new registrations have been prohibited since 2011, existing close corporations continue to operate as legal entities. Partnerships: While not separate legal entities, partnerships and recognized as juristic persons for certain legal purposes. Trusts: Trusts are not considered separate legal entities, but trustees have limited personality for certain legal acts. Non-Profit Organizations: These include entities like churches, political parties and trade unions.
“Obiter dicta”	Our courts are bound by their previous decisions on matters of law when deciding other, similar cases. Similarly, lower courts are bound by the decisions of superior courts. But only those findings by a court that are “pivotal to the determination of the matter” are binding in this way. Other statements in a judgment made “in passing” are said to be “obiter dicta” (singular “obiter dictum”). Literally meaning “other things said”, they may be “of potent persuasive force”, but they aren’t actually binding. Another court could disagree. So next time you read a media report along the lines of “the court said…”, or “the judge ruled…”, don’t assume that it’s now final law and binding on other courts – it usually is, but not always!
*“Nemo plus iuris ad alium transferre potest quam ipse habet”*	As intimidating as that old Roman law adage sounds, it has a very simple and common sense meaning: No one can transfer more rights to another than he himself has. Often referred to as the nemo plus iuris rule, it was formulated by one of Rome’s great jurists, Ulpian and eighteen hundred years later it is still regularly quoted in our modern courts.	To take one example, if you don’t own that house you’re selling me, you can’t transfer ownership to me. With only a few exceptions, that remains our law today.