Offences which cannot be tried and provisions which cannot be. Home for lawyers rules and practice directions magistrates court practice directions page content the following practice directions apply to magistrates court. The above compilations provide access to all rules, practice directions and forms. Signed by the officer administering the government in afrikaans as amended by. An act to consolidate and amend the law relating to courts of magistrates. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Magistrates courts amendment act 40 of 1952 sa sa gg 4873 came into force on date of publication. Magistrates courts act 32 of 1944 namibia legal database. Meaning of family member part 2the magistrates court of victoria 4. Appeal from certain district magistrates court s in civil matters. Criminal code means the criminal procedure and evidence act, 1917 act no. General law amendment act 62 of 1955 sa sa gg 5512. Notice ought also to be taken of the seventeenth constitutional amendment bill.
Magistrates courts act 32 of 1944 magistrates courts act 32 of 1944 assented to 16 may 1944 page 1 of. 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. Government or of the east african community, the court issuing the summons. Amendment of the rules regulating the conduct of the proceedings of the supreme court of appeal of south africa. Magistrate court civil rules, 2018, statutory instrument 11 of 2019 s v kawodza hh 616 18, crb bnr 11518 2018 zwhhc 616 04. Establishment of the northern cape division of the supreme court of south africa act 15 of 1969 magistrates courts amendment act 17 of 1969. 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. 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. 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. 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. Justice college, private bag x659, pretoria, 0001, south africa tel 012 481 2892 fax 012 481 2854. The relevant legislation is the magistrates courts act, no 32.
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. Emoluments attachment orders in the south african law 3 judgment debt and the costs of attachment. Magistrates courts are divided into district courts and. Signed by the officer administering the government in afrikaans. Civil litigation the south african school of paralegal studies. The national credit act and s 74 administration orders. The new magistrates court rules the rules of civil procedure in the magistrates court in south africa have recently undergone significant changes. Sections 4, 7, 1415, 65, 93 amended by general law amendment act 70 of 1968. Sections 7, 9 amended by magistrates courts amendment act 8 of 1967. 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. Amendment of section 9 of act 32 of 1944, as substituted by section 2 of act 8 of 1967 and amended by section 4 of act 53 of 1970, section 8 of act 102 of 1972, section 11 ofact 29 of 1974, section 24 ofact 94 of 1974, section 1 ofact 28 of 1981. Civil litigation the south african school of paralegal. Minister means the cabinet member responsible for the administration of. A person with a claim has the right to choose whether to bring it to a chiefs court or in a magistrates court.
Magistrates courts act 32 of 1944 south african government. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. 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. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. Relationship of act to criminal procedure code act and civil. Authorised by the act parliamentary counselalso accessible at. Magistrates court act 1930 act legislation register home. 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. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
This court does not have the jurisdiction to adjudicate the constitutional defence. Magistrates court codes gazette reference process ref key name amount scale a courts act 32 of 1944. 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. Doing business in south africa index p2 index chapter 1 3 south africa. Magistrates courts amendment act 14 of 1954 sa sa gg 5254 came into force on date of publication. State means the government of the republic of south africa. Magistrate court civil rules, 2018, statutory instrument 11 of 2019. Amendment of section 9 of act 32 of 1944, as substituted by section 2 of act 8 of. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Leone south africa seychelles swaziland tanzania uganda zambia zimbabwe. Only amendments that have commenced are incorporated. Ghostpractice is a product of korbicom, south africas leading developer of legal software solutions since 1976. Court, the supreme court of appeal or the high court of south africa, are complementary to any speci.
Emoluments attachment orders in the south african law by. Arliament of the republic of south africa enacts, as follows. 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. South africa regulation 54a whereas the magistrates act, no. 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. The minister of justice and constitutional development has, under section 16 of the magistrates act, 1993 act no. Signed by the officer administering the government in. 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.
Department of justice and constitutional development no. Magistrates court act 1991 south australian legislation. The rules of civil procedure in the magistrates court in south africa have recently undergone significant changes. P arliament of the republic of south africa enacts, as follows. 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.
Any person who is not satisfied with the decision in a chiefs or headmans court can take their matter to the ordinary courts. An act of parliament to establish magistrates courts. The judicial or presiding ozcer in these courts is a magistrate. 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.
Power to transfer suits which may be instituted in more than one court. The magistrates courts are the lowest level of the court system in south africa. Republic of south africa magistratescourts amendment bill as introduced in the national assembly proposed section 75. Administration orders are regulated by ss 74, 74a to 74w of the magistrates courts act 32 of 1944. The compilations have been prepared by court staff but do not constitute an official publication thereof. Rules regulating the conduct of the proceedings of the. Section one of the principal act is hereby amended by the amndment of. 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 courts act table of contents rules of court. Doing business in south africa cliffe dekker hofmeyr.
Sections 9, 48 amended by mc amendment act 48 of 1965. Establishment of the northern cape division of the supreme court of south africa act 15 of 1969. Amendment of the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa. This legislation is affected by amending provisions that have not yet come into operation or taken effect. Home rules and practice directions magistrates court. 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. 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. 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 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. Sections 1, 83, 103, 105 amended by establishment of the northern cape division of the supreme court of south africa act 15 of 1969. 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.
None of the amendments to the act in south africa after the date of transfer were made expressly applicable to south west africa. Magistrates courts amendment act parliament of south africa. Adjournment of proceeding to drug court division 4d. Introduction of legislation dealing with court structures 3. Magistrates courts act 32 of 1944 legal assistance centre. The following section is hereby substituted for section 7 of the magistrates courts act, 1944 hereinafter referred to. To consolidate and amend the law relating to magistrates courts. However, this court has the power in terms of s 110 of the magistrates court act to make findings of. Magistrates as judicial officers are required to maintain high standards of conduct in both their professional and personal capacities. Ghostpractice gazette reference process ref key name amount scale a 200,000 scale exceptions b part i g 171 certified extract of judgment r88.