What’s the difference between an appeal and a review?
After a dispute in court, Tsepho (a Scorpion Legal Protection member) found out that the other party, the plaintiff who brought action against him in court, wanted to have the case reviewed. Afraid that having the case reviewed might have a negative impact on him; Tshepo went to Scorpion for legal advice on what the difference is between a review and an appeal.
What does the law say?
If you’re unhappy with a court’s decision, you have the option to challenge it by appealing the verdict of a lower court in a higher court, or by having your case reviewed to determine the legality of the verdict or decision. These procedures might sound similar, but in terms of the law, they are very different.
Appeal vs. Review
With an Appeal you can challenge the court’s decision by appealing it at a higher court than the one that passed the verdict. An appeal is a plea for the matter to be judged again. An appeal is requested to ask the higher court to change the decision of the lower court. The decision of the lower court can stay the same or the Higher Court can change it.
A review is not a statutory right of the people and is at the discretion of the court, which can reject the request. A review is applied for at the same court where the original decision was made and is a request to consider the legality of the ruling. A review is based on procedural irregularity, impropriety, irrationality, and illegality.
What does it mean?
The other party was unhappy with the court’s procedure and wanted to have it reviewed. Luckily in Tsepho’s case, the correct procedure was followed, and the review request was rejected.
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