MAGISTRATES’ COURTS ACT TABLE OF CONTENTS …

1 MAGISTRATES COURTS ACT 32 OF 1944 TABLE OF CONTENTS rules OF court of 21 June 1968 rules of court TARIFF OF ALLOWANCES of 21 March 1986 Tariff of allowances payable to witnesses in civil cases NOTICES of 30 October 1998 Determination of amounts for the purposes of certain provisions of the Act GN 2871 of 29 December 1989 Expansion of areas of jurisdiction of regional divisions of 1 March 1994 Determination of amount for the purposes of execution GN 1238 of 2 August 1996 Abolition of Midrand as place for the holding of periodical COURTS in the district of Randburg GN 1239 of 2 August 1996 Appointment of Midrand as a place for the holding of court in the district of Randburg GN 1945 of 22 November 1996 Appointment of a place for the holding of a court at Bosfontein settlement in the district of Nkomazi GN 1946 of 22 November 1996 Appointment of a place for the holding of a court at Masoye settlement in the district of Nsikazi of 6 June 1997 Jurisdiction of Magistrates court rules of 1 August 1997 GN 393 of 20 March 2003 Appointment of Ha-Makuya as a place for the holding of a Periodical court within the District of Thohoyandou of 4 April 2003 Appointment of Leeu-Gamka as a place for the holding of a

2 Periodical court within the District of Prince Albert GN 219 of 27 February 2004 Abolition of Regional Divisions: Creation of new Regional Divisions and establishment of Regional COURTS of 15 September 2006 Notice in terms of section 15 (4) of 30 November 2007 Determination of benefits of magistrates who have to dispose of cases after vacating the office of the magistrate (Government Gazette No. 30529) of 17 April 2009 Determination of benefits of magistrates who have to dispose of cases after vacating the office of magistrate (Government Gazette No. 32115) GN 776 of 24 July 2009 Creation of sub-districts and the appointment of a place within the sub-district for the holding of a court (Government Gazette No.)

3 32433) TABLE OF REPEALS The following notices have hereby been repealed: Repealed Notices As repealed by of 27 March 1998 Notice in terms of section 15 (4) of 15 September 2006 Notice in terms of section 15 (4) of 1 November 1991 Tariff of Allowances Payable to Witnesses in Civil Cases (Government Gazette No. 13604) of 11 April 2008 Tariff of Allowances Payable to Witnesses in Civil Cases (Government Gazette No. 30953) rules OF court of 21 June 1968: 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. 107 of 1985), with the approval of the Minister of Justice, made the rules in the Schedule.

4 In this Schedule the rules means the rules published under Government Notice No. in Regulation Gazette 980 of 21 June 1968 and amended by: as amended by Notice Government Gazette Date 1156 25 June 1969 wef 1/9/69 1253 26 March 1970 wef 1/5/70 1633 2 June 1972 wef 3/7/72 1996 28 June 1974 wef 1/8/74 2304 23 April 1976 wef 1/6/76 2426 25 February 1977 wef 1/4/77 2554 28 October 1977 wef 1/12/77 2603 24 February 1978 wef 28/3/78 2687 10 November 1978 wef 1/1/79 2882 29 June 1979 wef 1/8/79 7097 27 June 1980 wef 1/8/80 3278 28 August 1981 wef 1/10/81 3435 11 June 1982 wef 12/7/82 3601 29 July 1983 wef 1/9/83 3614 9 September 1983 9276 29 June 1984 wef 1/8/84 3742 7 September 1984 wef 8/10/84 3746 21 September 1984

5 3929 7 March 1986 wef 1/5/86 4133 2 October 1987 wef 2/11/87 4231 22 July 1988 wef 22/8/88 4256 26 August 1988 wef 26/9/88 4314 10 February 1989 wef 10/3/89 4355 31 March 1989 wef 1/7/89 12205 1 December 1989 wef 2/1/90 4450 2 February 1990 wef 2/3/90 4536 8 August 1990 wef 8/9/90 12614 10 August 1990 12695 17 August 1990 13283 30 May 1991 wef 1/7/91 13557 27 September 1991 wef 30/10/91 13558 30 September 1991 wef 1/11/91 13578 18 October 1991 13759 7 February 1992 wef 9/3/92 14010 29 May 1992 wef 1/7/92 14110 3 July 1992 wef 3/8/92 14817 21 May 1993 wef 1/7/93 14844 28 May 1993 wef 28/6/93 14896 25 June 1993 wef 26 July 1993 15021 30 July 1993 wef 1/9/93 15147 1 October 1993 wef 1/11/93 15393 31 December 1993 wef 31/1/94 15461 28 January 1994 wef 1/3/94 15464 28 January 1994 wef 1/3/94 15527 1 March 1994 wef 1/3/94 15567 11 March 1994 wef 11/4/94 15603 28 March 1994 15634 12 April 1994 17279 28 June 1996 wef 29/7/96 17313 5 July 1996 wef 5/8/96 17853 14 March 1997 wef 14/4/97 17882 27 March 1997 wef 29/4/97 17925 18 April 1997 wef 19/5/97 18052 6 June 1997 wef 7/7/97 18055 13 June 1997 wef 14/7/97 18167 1 August 1997 18956 5 June 1998 wef 6/7/98

6 19042 3 July 1998 wef 3/8/98 19136 7 August 1998 wef 7/9/98 19229 4 September 1998 wef 5/10/98 19435 30 October 1998 wef 1/11/98 20036 30 April 1999 wef 31/5/99 21204 19 May 2000 wef 19/6/00 21355 7 July 2000 22796 26 October 2001 wef 26/11/01 23029 18 January 2002 wef 18/02/02 23029 18 January 2002 wef 18/02/02 23943 18 October 2002 wef 18/11/02 26070 20 February 2004 wef 22/03/04 26124 5 March 2004 wef 5/04/04 26601 23 July 2004 wef 23/08/04 31658 5 December 2008 31690 12 December 2008 wef 12/01/09 31690 12 December 2008 wef 12/01/09 31690 12 December 2008 wef 12/01/09 32208 8 May 2009 15 June 2009 32208 8 May 2009 15 June 2009 ARRANGEMENT OF REGULATIONS Comparative TABLE of Numbers of New and Previous rules Alphabetical Index to rules of court 1.

7 General 2. Definitions 3. General Duties of the Clerk of the court in Civil Matters 4. 4A. Written Request as First Document in Action 4B. CONTENTS of Letter of Demand 5. Summons Commencing Action 6. Endorsement of a Summons 7. Amendment of summons 8. Sheriff 9. Service of Process, Notices and other Documents 10. Delay in the Prosecution of an Action 11. Judgment by Consent 12. Judgment by Default 13. Appearance to Defend 14. Summary Judgment 14A. Provisional Sentence 15. Further Particulars 16. 17. Exceptions and Applications to Strike Out 18. Payment into court 19. Plea 20. Claims in Reconvention 21. Reply to the Plea 22.

8 Set-down of Trial 23. Discovery of Documents 24. Medical Examinations, Inspection of Things, Expert Testimony and Tendering in Evidence any Plan, Diagram, Model or Photograph 25. Pre-Trial Procedure for Formulating Issues 26. Subpoenae, Interrogatories and Commissions de Bene Esse 27. Withdrawal, Dismissal and Settlement 28. Intervention of Persons in any Proceedings 29. Trial 30. Record of Proceedings in Civil Matters 31. Adjournment and Postponement 32. Non appearance of a Party Withdrawal and Dismissal 33. Costs 34. Fees of the Sheriff and the Clerk of the court 35. Review of Taxation 36. Process in Execution 37.

9 Second or Further Warrants or Emoluments Attachment Orders or Garnishee Orders 38. Security by Judgment Creditor 39. General Provisions Regarding Execution 40. Execution Against a Partnership 41. Execution Against Movable Property 42. 43. Execution against Immovable Property 43A. Enforcement of Foreign Civil Judgments 44. Interpleader Claims 45. Enquiry into Financial Position of Judgment Debtor 46. Attachment of Emoluments by Emoluments Attachment Order 47. Attachment of a Debt by Garnishee Order 48. Administration Orders 49. Rescission and Variation of Judgements 50. Appeals and Transfer of Actions to Magistrates COURTS 51.

10 Appeals in Civil Cases 52. Representation of parties 53. Pro deo applicants 54. Actions by and against Partners, a Person carrying on Business in a Name or Style other than his own Name, an unincorporated Company, Syndicate or Association 55. Applications 55A. Amendment of Pleadings 56. Arrests Tanquam Suspectus de Fuga, Interdicts, Attachments to Secure Claims and Mandamenten van Spolie 57. Attachment to Found or Confirm Jurisdiction 58. Interest 59. Assessors 60. Non-Compliance with rules , Including Time Limits and Errors 61. Records, Entries or Documents as Evidence in Civil Matters 62. Security for Costs by Plaintiff 63.