Ghostpractice gazette reference process ref key name amount scale a 200,000 scale exceptions b part i g 171 certified extract of judgment r88. The national credit act and s 74 administration orders. Enforcement of foreign civil judgments act 28 of 1994. General law amendment act 80 of 1964 magistrates courts amendment act 48 of 1965 magistrates courts amendment act 8 of 1967 general law amendment act 70 of 1968 establishment of the northern cape division of the supreme court of south africa act 15 of 1969 magistrates courts amendment act 17 of 1969 general law amendment act 101 of 1969. The rules of civil procedure in the magistrates court in south africa have recently undergone significant changes. This court does not have the jurisdiction to adjudicate the constitutional defence. Magistrates courts amendment act 40 of 1952 sa sa gg 4873 came into force on date of publication. Establishment of the northern cape division of the supreme court of south africa act 15 of 1969 magistrates courts amendment act 17 of 1969. Section one of the principal act is hereby amended by the amndment of. Amendment of section 9 of act 32 of 1944, as substituted by section 2 of act 8 of. Magistrates court act 1930 act legislation register home. The relevant legislation is the magistrates courts act, no 32. Rules regulating the conduct of the proceedings of the.
Sections 9, 48 amended by mc amendment act 48 of 1965. Magistrates courts amendment act 14 of 1954 sa sa gg 5254 came into force on date of publication. Magistrates courts act table of contents rules of court. Magistrates courts amendment act parliament of south africa. Meaning of family member part 2the magistrates court of victoria 4. Magistrates courts act 32 of 1944 south african government. A magistrates court shall be subordinate to the high court and shall be duly constituted when presided over by a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate or a resident magistrate. State means the government of the republic of south africa. To consolidate and amend the law relating to magistrates courts.
Magistrate court civil rules, 2018, statutory instrument 11 of 2019. Magistrates court codes gazette reference process ref key name amount scale a courts act 32 of 1944. Magistrates act, 1993act no 90 of 1993 regulations in this schedule the regulations means the regulations published by government notice no. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africa s leading opinion makers. 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. Magistrates courts act 32 of 1944 magistrates courts act 32 of 1944 assented to 16 may 1944 page 1 of.
Any person who is not satisfied with the decision in a chiefs or headmans court can take their matter to the ordinary courts. 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. Magistrates as judicial officers are required to maintain high standards of conduct in both their professional and personal capacities. Home rules and practice directions magistrates court. Notice ought also to be taken of the seventeenth constitutional amendment bill. Emoluments attachment orders in the south african law by. Magistrates courts act 32 of 1944 namibia legal database. Relationship of act to criminal procedure code act and civil. Amendment of section 1 of act 32 of 1944, as substituted by section 1 of act 53 of 1970 and amended by section 23 of act 94 of 1974, section 1 of act 105 of 1982, section 2 of act 34 of 1986, section 1 of act 4 of 1991, section 1 of act 66 of 1998 and section 1 of act 31 of 2008 1. An act to consolidate and amend the law relating to courts of magistrates. Introduction of legislation dealing with court structures 3. Sections 4, 7, 1415, 65, 93 amended by general law amendment act 70 of 1968. Ghostpractice is a product of korbicom, south africas leading developer of legal software solutions since 1976. Home for lawyers rules and practice directions magistrates court practice directions page content the following practice directions apply to magistrates court.
Authorised by the act parliamentary counselalso accessible at. Arliament of the republic of south africa enacts, as follows. Power of high court to withdraw and transfer cases. Magistrates courts act 32 of 1944 legal assistance centre. Sections 7, 9 amended by magistrates courts amendment act 8 of 1967. Administration orders are regulated by ss 74, 74a to 74w of the magistrates courts act 32 of 1944. The source of procedural rules relating to the magistrates courts, on the other hand, is the statute responsible for their establishment, namely the magistrates courts act 32 of 1944 and the rules promulgated in terms thereof. This new 10th edition of jones and buckle the civil practice of the magistrates courts in south africa volume i includes the full text of the magistrates court act 32 of 1944, with commentary, comprehensively revised and brought into line with the new magistrates courts rules promulgated in 2010. None of the amendments to the act in south africa after the date of transfer were made expressly applicable to south west africa. Magistrate court civil rules, 2018, statutory instrument 11 of 2019 s v kawodza hh 616 18, crb bnr 11518 2018 zwhhc 616 04. They are the courts of first instance for most criminal cases except for the most serious crimes, and for civil cases where the value of the claim is below a fixed monetary limit. Appeal from certain district magistrates court s in civil matters. Civil litigation the south african school of paralegal.
The new magistrates court rules the rules of civil procedure in the magistrates court in south africa have recently undergone significant changes. 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. The following section is hereby substituted for section 7 of the magistrates courts act, 1944 hereinafter referred to. Establishment of the northern cape division of the supreme court of south africa act 15 of 1969. Minister means the cabinet member responsible for the administration of. Doing business in south africa index p2 index chapter 1 3 south africa. Civil litigation the south african school of paralegal studies. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
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. Magistrates court act 1991 south australian legislation. Section 74 provides that an administration order can be granted by the court with jurisdiction in the area where the debtor resides, carries on business or is employed if. Sections 1, 83, 103, 105 amended by establishment of the northern cape division of the supreme court of south africa act 15 of 1969.
Power to transfer suits which may be instituted in more than one court. Establishment of the northern cape division of the supreme court of south africa act 15 of 1969 magistrates courts amendment act 17 of 1969 general law amendment act 101 of 1969 general law amendment act 17 of 1970 magistrates courts amendment act 53 of 1970 general law amendment act 80 of 1971 general law amendment act 102 of 1972. Adjournment of proceeding to drug court division 4d. Only amendments that have commenced are incorporated. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Signed by the officer administering the government in afrikaans as amended by. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to recommendations of the law commission. Magistrates courts are divided into district courts and. Signed by the officer administering the government in. Emoluments attachment orders in the south african law 3 judgment debt and the costs of attachment. Amendment of the rules regulating the conduct of the proceedings of the supreme court of appeal of south africa. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to.
Department of justice and constitutional development no. An act of parliament to establish magistrates courts. Amendment of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa. Doing business in south africa cliffe dekker hofmeyr. Court, the supreme court of appeal or the high court of south africa, are complementary to any speci.
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. Criminal code means the criminal procedure and evidence act, 1917 act no. Republic of south africa magistratescourts amendment bill as introduced in the national assembly proposed section 75. The magistrates courts act 32 of 1944 prescribes the law and civil procedure relating to magistrates courts, including but not limited to the rules regulating the conduct of the proceedings of the magistrates courts of south africa. 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. South africa regulation 54a whereas the magistrates act, no. 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. The above compilations provide access to all rules, practice directions and forms. Offences which cannot be tried and provisions which cannot be. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. P arliament of the republic of south africa enacts, as follows. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. The minister of justice and constitutional development has, under section 16 of the magistrates act, 1993 act no.
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. The compilations have been prepared by court staff but do not constitute an official publication thereof. The judicial or presiding ozcer in these courts is a magistrate. Magistrates courts act uganda legal information institute. However, this court has the power in terms of s 110 of the magistrates court act to make findings of fact that will be relevant to the argument on appeal. This legislation is affected by amending provisions that have not yet come into operation or taken effect. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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.
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