The self-represented litigant: a challenge to justice

This article looks at the self-represented litigant as a class of litigant, and the challenges that this particular class of litigant presents for the court. The role of the court in society is discussed at some length, together with the rule of law. It is suggested that the rule of law directly impacts on the court and the way in which it discharges its primary societal function. It is advanced that the rule of law requires the court to abide by the principles of independence, impartiality and fairness. The article explores the ways in which the court's capacity to discharge its societal function is impaired when it engages with the self-represented litigant, thus preventing strict compliance with the rule of law. Ultimately, it is suggested that the self-represented litigant can properly be viewed as a challenge to justice.