– Civil Law:
A lawyer is necessary –based on the nature of the matter it can be filed in the Magistrates Court of the Supreme Court of Judicature to be heard before a Magistrate or Judge.
– Criminal Law:
These matters are started at the Magistrate’s Court level. In instances they can be tried summarily, triable either way, or indictable and must be transferred to the High Court after a preliminary inquiry. A lawyer is not needed by the complainant as reports are made to the police, and prosecution is done by the State.
– Administrative Action:
A lawyer is necessary, especially in matters of judicial review. The matter is filed in the Supreme Court of Judicature.
– Workplace Harassment:
A tribunal usually oversees the matter, and both the complainant and the respondent are advised to have representation, whether through an attorney or a union representative; however, it is not mandatory.
– Others (precautionary, protection, constitutional protection, etc.):
In terms of precautionary matters, protection, constitution protection and similar matters, a lawyer may be necessary in order to institute the necessary pre-action protocols to ensure rights are enforced. In some instances, the victim may be able to make a report to the police station without a lawyer in order to have that person warned, or orders granted such as maintenance/protection orders.