The source of procedural rules relating to the magistrates. Slide 1 of your notes state that defendant cannot consent to judgment in terms of rule 111 or 4 however slide states that the summons must adhere to all the requirements of rule 5. Districts are grouped together into regional divisions served by a regional court, which hears more serious cases. Sep 15, 2014 civil practice in the magistrate s courts. These rules replaced the previous rules, which had been promulgated on 1 april 2003. Justice college prepared by tux deosaran and rochelle francissubbiah, justice college. Magistrates court civil rules 1992 sa updated to include amendment 43 gazetted 15 november 2012 being magistrates court civil rules govt. Notice ought also to be taken of the seventeenth constitutional amendment bill. South africa is divided into magisterial districts, each of which is served by a district magistrates court and in some cases also branch courts or periodical courts. Draft eviction papers action and application if the lessee fails to remedy breach and the lease has been cancelled, and the tenant remains in occupation of the premises, then proceed with the legal process in terms of the act and the rules of court, without delay. The practitioners manual is a simplified exposition of practice and procedure, with special emphasis on the new rules.
Magistrates court act 1991 south australian legislation. South africa is divided into magisterial districts, each of which is served by a district magistrate s court and in some cases also branch courts or periodical courts. The rules board for courts of law has under section 6 of the rules board for courts of law act, 1985 act no. Combined pdf foreign investment, indigenous communities and the constitutional protection of property. The rules of civil procedure in the magistrates courts of. Conduct of proceedings of magistrates courts of south africa. Court annexed mediation rules of the magistrates courts preamble whereas section 34 of the constitution of the republic of south africa,1996 guarantees everyone the right to have any dispute that can be resolved by the application of the law. In the effort to amend the rules so as to enable the regional court to exercise its newly endowed civil jurisdiction in terms of the jurisdiction of regional. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa as at 26 june 2009. Comments on the court annexed mediation rules of the magistrates courts prepared and submitted by the south african dispute settlement accreditation council disac 23 may 20 table of content. Civil procedure rules in the magistrate court 1 2011 zarmc 1 1 june 2011. Only amendments that have commenced are incorporated.
In the high court of south africa western cape division, cape town appeal case no. Ms z moletsane, presiding officer central divorce court. Uniform rules of court or magistrates court rule 21a. Magistrate court civil rules, 2018, statutory instrument 11. The magistrates courts of south africa invitation to submit comments on the accreditation norms and standards for mediators the department of justice and correctional services invites comments on the qualification standards for accreditation of mediators as required by rule 86 of the court annexed mediation rules. Thank you for your informative notes on the magistrate s court rules. The above compilations provide access to all rules, practice directions and forms.
Civil procedure in the magistrates courts lexisnexis sa. This legislation is affected by amending provisions that have not yet come into operation or taken effect. In fact, the rules of court are in the vernacular of other nationals i. Rules of court the rules board for courts of law has, under section 6 of the rules board for courts of law act, 1985 act no. While retaining the some structure as the previous rules, the new rules introduce new procedures, such as regular discovery of documents, into the litigation process of the tax court.
The practitioners manual is a complete procedural manual on magistrates court civil law for legal practitioners. The several provincial and local divisions of the high court of south africa the rules board for courts of law has under section 6 of the rules board for courts of law act, 1985 act no. The court which has jurisdiction in relation to proceedings against a judge in a lower court is the high court which enjoys jurisdiction over the lower court before which the judge is to appear. Establishment of the northern cape division of the supreme court of south africa act 15 of 1969. Several provincial and local divisions of the high court of south africa. Civil procedure in south africa is the formal rules and standards that courts follow in that country when adjudicating civil suits as opposed to procedures in criminal law matters. For an official version, reference should be made to the rules, practice directions and subsequent amendments as. Magistrate court rules adv lionel g marx trust account advocate. To start the divorce process you need to have a summons served. Updates for 12 months print and mobile are included in the price. Senior magistrate ps joubert pietermaritzburg acting senior magistrate d oberholzer kempton park magistrate s luthuli durban magistrate a. Magistrate court civil rules, 2018, statutory instrument 11 of 2019. The objective of legal aid south africa is to render or make available legal representation to indigent persons at state expense as contemplated in the constitution of the republic of south africa act 108 of 1996, which affords every citizen access to justice.
The compilations have been prepared by court staff but do not constitute an official publication thereof. Civil procedure in the magistrates courts is a subscription based product including both the printed looseleaf and lexismobile publications. In the event of oral and written argument, a fee for written argument may in appropriate circumstances be allowed as a separate item. Magistrates court rules courts administration authority. Sections 7, 9 amended by magistrates courts amendment act 8 of 1967. Amendment of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa. Polity offers free access to south african legislation, policy documents and daily political news. Rules 17 and 18 of the supreme court of appeal rules regarding taxation and attorneys fees shall apply, with such modifications as may be necessary. English system of procedure, although some high court rules are based on common law, for example, the rules relating to provisional sentence.
The south carolina forms index is a finding aid maintained by the university of south carolina law library the forms index aims to organize south carolina court forms by topic to improve ease of use. Cost and fee allocation in civil procedure republic of south africa introduction south african law is an uncodified civil law system with romandutch. The promulgation of the amendment of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa gn r1272 gg4125717112017 the new rules, is an illustration of how well the designed machinery of jurisprudence works, in order to give effect to our fundamental rights. Amendment of the rules regulating the conduct of the proceedings of the supreme court of appeal of south africa. View civil procedure rules in the magistrate court. Sections 4, 7, 1415, 65, 93 amended by general law amendment act 70 of 1968.
In this schedule the rules means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa published under government notice no. A person with a claim has the right to choose whether to bring it to a chiefs court or in a magistrates court. The practitioners manual is a complete procedural manual on magistrate s court civil law for legal practitioners. Sections 9, 48 amended by mc amendment act 48 of 1965. These rules shall unless the chief justice earlier by notice in the gazette specifies an earlier or later date of commencement come into operation on the 1st february, 2019, and shall have effect in relation to all civil proceedings in a court, including so as is practicable proceedings pending. Schedules chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. Civil procedure in the magistrates courts provides a useful commentary on the interpretation of the magistrates courts act and rules. The major courts with civil jurisdiction in south africa are the following. Rules of the court concerned, and in accordance with established practice where no fee is prescribed for a particular service. Cost and fee allocation in civil procedure2 south africa.
Any person who is not satisfied with the decision in a chiefs or headmans court can take their matter. Magistrates courts act 32 of 1944 south african government. May 31, 2019 in this schedule the rules means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa published under government notice no. The legal realm is divided broadly into substantive and procedural law. Magistrates courts rules of court department of justice. Magistrates courts criminal procedure amendment rules. However, i have a question regarding a divorce summons in the regional court. Joint rules of practice for the eastern cape division of the. Originating application that may be commenced in lagos state. A practical guide court and case flow management in the south african lower court division vii t c mabas o c hief magistrate, durban chairperson of the judicial lower court management subcommittee on court and case flow management, south africa the initial court and case flow management guidelines published in 2006 was a.
Rules regulating the conduct of the proceedings of the magistrates courts of south africa the rules board for courts of law has, under section 6 of the rules board for courts of law act, 1985 act no. Magistrates courts act 32 of 1944 legal assistance centre. In this schedule the rules means the rules published under government notice no. May 03, 2018 the following provides access to the magistrates court rules. Stepbystep guide to residential housing eviction proceedings in the magistrates court. In the main, the rules regulating high court procedure are to be found in the supreme court act 59 of 1959 and the rules of court. The position regulating close of pleadings in south african law of civil procedure. The rules of civil procedure in the magistrates court in south africa have recently undergone significant changes. Laws of south africa legislation lesotho law leslii. Nov 11, 2014 these rules replaced the previous rules, which had been promulgated on 1 april 2003. Amendment of the rules regulating the conduct of the proceed ings of the supreme court of appeal of south africa. Laws of south africa legislation lesotho law leslii liberian law liberlii.
The institution of action summons, together with application notice of motion, is the process to follow in the event that the lessor intends to claim. Magistrates courts act table of contents rules of court. Administrative rules for the magistrate courts rules 1. Legal separation does not exist in south africa even if you are no longer living with your husband and not divorced. Magistrates courts criminal procedure amendment rules, 2016. Magistrates courts act 32 of 1944i assented to 16 may 1944 date of commencement. B each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the uniform magistrate court rules, provided such proposals are not inconsistent with general laws, these uniform magistrate court rules.
B each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the uniform magistrate court rules, provided such proposals are not inconsistent with general laws, these uniform magistrate court rules, or any directive of the supreme court of georgia. You can divorce in either the regional court of the magistrate court having jurisdiction in your area or in the high court. The rules are provided in both microsoft word and adobe pdf version where possible. Civil procedure rules in the magistrate court saflii. Aug 23, 2010 rules regulating the conduct of the proceedings of the magistrates courts of south africa the rules board for courts of law has, under section 6 of the rules board for courts of law act, 1985 act no.
These rules shall unless the chief justice earlier by notice in the gazette specifies an earlier or later date of commencement come into operation on the 1st february, 2019, and shall have effect in relation to all civil proceedings in a court, including so as is practicable proceedings pending on the date of commencement. High court act, 1990 under section 39 of the high court act, 1990 act no. Magistrates courts act 32 of 1944 sa sa gg 3346 came into force in south west africa on 1 december 1970 when the amendments made by act 53 of 1970 were brought into force. You must be an education provider to purchase this book. Sections 1, 83, 103, 105 amended by establishment of the northern cape division of the supreme court of south africa act 15 of 1969. Amendment of the rules of high court and magistrates courts of south africa. Magistrates court civil rules 1992 152kb 884kb magistrates court civil rules 20. The following provides access to the magistrates court rules. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. Magistrate court civil rules, 2018, statutory instrument.
If a magistrate assistant has completed the assistants duties on a specified day, it shall be the assistants responsibility to assist in the magistrate court clerks office, during regular business hours, performing the legal and administrative tasks set out in the relevant statutes and court rules. Civil litigation the south african school of paralegal. The sources of civil procedure in south africa are to be found in the magistrates courts act and rules, the superior courts act which repealed and replaced the supreme court act, the uniform rules of court, jurisprudence, court practice rules and other legislation. Amendments of rules in line with constitutional rights to. Jan 25, 2019 magistrate court civil rules, 2018, statutory instrument 11 of 2019.