- Whether court may abridge proceedings where litigant cannot sustain the costs of a drawn-out action
The Court may summarily and without waiting for the respondent to make representations, decide an indigent litigants' application for leave to appeal where the facts are not in dispute, and the court is satisfied that the action is bound to fail and it is clear that the applicant is not in position to pay the respondent's costs. It would be undesirable under such circumstances to require the respondent to incur further costs in the action. – Xinwa v. Volkswagen of South Africa (Pty) Ltd
- How the court must construe pleadings prepared by lay persons
Pleadings that are prepared by lay litigants must be interpreted munificently and in a manner that is most favourable to the litigant's cause. Lay litigants must not be held to the same standards as lawyers in the presentation of their case. Regards must be had to the purpose of the pleadings, and its form must give way to the substance. - Xinwa v. Volkswagen of South Africa (Pty) Ltd more>>