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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part II : Civil Matters

Chapter VI : Civil Jurisdiction

46. Matters beyond the jurisdiction

 

(1) [Section 46(1) repealed by section 8 of Act No. 31 of 2008]

 

(2) A court shall have no jurisdiction in matters—
(a) in which the validity or interpretation of a will or other testamentary document is in question;
(b) in which the status of a person in respect of mental capacity is sought to be affected;
(c) in which is sought specific performance without an alternative of payment of damages, except in—
(i) the rendering of an account in respect of which the claim does not exceed the amount 12 determined by the Minister from time to time by notice in the Gazette;
(ii) the delivery or transfer of property, movable or immovable, not exceeding in value the amount 13 determined by the Minister from time to time by notice in the Gazette; and
(iii) the delivery or transfer of property, movable or immovable, exceeding in value the amount 14 determined by the Minister from time to time by notice in the Gazette, where the consent of the parties has been obtained in terms of section 45;
(d) in which is sought a decree of perpetual silence.

 

                                                                                                                             

  12   R100 000 - GN R1411 in GG 19435 of 30 October 1998

  13   R100 000 - GN R1411 in GG 19435 of 30 October 1998

  14   R100 000 - GN R1411 in GG 19435 of 30 October 1998