Litigation
AfrikaansAFStrong courtroom representation when it matters most
Litigation is the formal process of resolving a dispute through the courts. While we strongly favour preventative legal work and alternative dispute resolution, some matters can only be brought to a just conclusion through litigation. With nearly three decades of courtroom experience across the High Court, Land Court, Regional and Magistrates' Courts, Van Dyk · Theron Attorneys offer measured, strategic and effective representation.
1. When Litigation Is the Right Choice
Litigation is appropriate where the other party refuses to engage, where urgent relief is needed (such as an interdict), where a binding precedent is required, or where mediation and negotiation have failed. We help you weigh the cost, time, risk and reputational implications honestly before issuing summons.
2. Civil Litigation
We litigate civil matters in the Magistrates', Regional and High Courts, including disputes arising from contracts and agreements, property disputes, evictions under PIE and ESTA, debt recovery, partnership and shareholder disputes, defamation, and applications for declaratory and interdictory relief.
3. Land and Property Litigation
Our specialist focus is litigation arising from land — restitution claims under Act 22 of 1994, labour tenant claims under Act 3 of 1996, occupation and eviction disputes under ESTA, servitude and boundary disputes, and reviews of decisions of the Regional Land Claims Commissioner and the Minister.
4. Criminal Litigation
We appear for accused persons in criminal matters in the Magistrates', Regional and High Courts, including bail applications, plea and sentence agreements, trials and appeals.
5. Appeals and Reviews
We prepare and prosecute appeals to the High Court, the Supreme Court of Appeal and the Constitutional Court, and review decisions of administrative bodies under PAJA where their conduct is unlawful, irrational or procedurally unfair.
6. Cost, Time and Strategy
Litigation is expensive and slow. We are honest about prospects, draft realistic budgets, brief specialist advocates where the matter requires, and continuously evaluate whether settlement, mediation or arbitration may deliver a better outcome at any stage of the proceedings. For agricultural property in particular, a land rights audit before issuing summons often reframes — or avoids — the dispute entirely.
Contact Van Dyk · Theron Attorneys to discuss a litigation matter: