Prima facie

Literal translation

at first face; on first appearance

Legal meaning

In South African law, prima facie refers to evidence or a case that is sufficient on its face to establish a fact or support a claim unless it is rebutted. It does not mean conclusive proof, but rather a threshold showing that calls for an answer from the opposing party. The expression is commonly used in civil procedure, criminal procedure, and the law of evidence when courts assess whether a party has produced enough material to proceed or to justify a particular inference.

Examples

• The plaintiff established a prima facie case of negligence.
• The State must adduce prima facie evidence before the accused is called to answer.
• The applicant made out a prima facie right for interim relief.

• 🇿🇦 Imperial Marine Company v The Motor Vessel Pasquale Della Gatta and Another; Imperial Marine Company v The Motor Vessel Filippo Lembo and Another
• 🇿🇼 Sheriff of the High Court of Zimbabwe v Fuel Africa (Pvt) Ltd and Lablink Distributors (Pvt) Ltd
  High Court (Bulawayo)
• 🇿🇼 Gibson Katsande v Chindega Katsande (nee Mungofa)
  Other Courts
• 🇿🇦 Nedbank Limited and Another v Survé and Others
  Supreme Court of Appeal of South Africa· 2023-12-18· 160/23

  Act 4 of 2000 – application for interim interdict in Equality Court – failure to establish prima facie case – appealability of interim interdict. __________________________________________________________________ ORDER __________________________________________________________________ On appeal from: Western Cape Division of the

• 🇿🇦 Farocean Marine (Pty) Ltd v Malacca Holdings Limited and Another
  Supreme Court of Appeal of South Africa· 2004-05-28· 223/03

  delivery: 28 MAY 2004 Summary: Attachment to found or confirm jurisdiction – nature of prima facie case required against defendant in the alternative – joinder of further defendant in the alternative – section

• 🇿🇼 Patricia Darangwa N.O. v Africa Sun Limited and Others
  High Court (Harare)
• 🇿🇼 Falcon Mine Zimbabwe Limited v Wendall Robert Parsons and Others
  High Court (Harare)· HC 4922/21
• 🇿🇦 Die Staat v Ronnie Legote en Michael Sithole
  Supreme Court of Appeal of South Africa· 2001-05-22· 206/99

  REPUBLIC OF SOUTH AFRICA IN THE SUPREME COURT OF APPEAL OF SOUTH

• 🇿🇼 Mainos Mudukuti v Director of Housing of the Chitungwiza Town Council (NO) and Others
  High Court (Harare)· HC 1406/15
• 🇿🇦 Cartoria Motor Industries (Pty) Ltd v J J Swanepoel
  Supreme Court of Appeal of South Africa· 2006-05-19· 487/2005

  the instance at the close of the plaintiff's case – test applied – fraudulent misrepresentation – prima facie proof of. Neutral citation: This judgment may be referred to as Cartoria Motor Industries

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Areas of law