Transcription of DIES NON IN THE MAGISTRATES’ COURTS - Justice Home
1 DIES NON IN THE MAGISTRATES COURTS A representation was submitted to the Rules Board suggesting that the period between 20 December to 07 January be declared dies non because many attorneys offices are closed for the December holidays. A working document was submitted to role-players for comment. The majority of the commentators approached for comments supported the proposal. Although Rule 19(1) of the High court Rules provides for dies non only in respect of a notice of intention to defend, it was argued that the dies non in the Magistrates court should include all proceedings as practical difficulties are not only experienced with regard to the notice of intention to defend, but also other notices and process that are subject to time limits.
2 Provision should, however, be made for urgent applications. The Magistrates court Committee of the Rules Board considered the matter at a meeting held on 12 May 2006 and resolved that a dies non period should be introduced in the Magistrates court and that the period should run from 20 December to 7 January of each year. Comment is invited on the draft amendment of rule 2 (2) below: [ ] Expressions in bold type in square brackets indicate omissions from existing rules. ___Expressions underlined with a solid line indicate insertions into existing rules. 2(2) (a) A Saturday, Sunday or public holiday shall not, unless the contrary appears, be reckoned a part of any period calculated in terms of these rules. (b) The period 20 December to 7 January inclusive, shall not be reckoned as part of any period calculated in terms of these rules, unless the court , upon good cause shown, orders otherwise.
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