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

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

1. Purpose and application of rules

 

(1) The purpose of these rules is to promote access to the courts and to ensure that the right to have disputes that can be resolved by the application of law by a fair public hearing before a court is given effect to.

 

(2) These rules are to be applied so as to facilitate the expeditious handling of disputes and the minimization of costs involved.

 

(3) In order to promote access to the courts or when it is in the interest of justice to do so, a court may, at a conference convened in terms of section 54(1) of the Act, dispense with any provision of these rules and give directions as to the procedureto be followed by the parties so as to dispose of the action in the most expeditious and least costly manner.

 

(4)        

(a) With the exception of Forms 2, 2A, 2B, 3, 5A and 5B which shall in all respects conform to the specimens, the forms contained in Annexure 1 may be used with such variation as circumstances require.
(b) Non-compliance with this subrule shall not in itself be a ground for exception, but at any court in which equipment has been installed for the purpose of facilitating the issue of summonses, the clerk or registrar of the court may refuse to issue:
(i) any summons purporting to be in the form of Form 2, 2A, 2B or 3 but which does not comply with the prescribed requirements; or
(ii) any written request as referred to in section 59 of the Act which does not comply with a request contained in Form 5A or 5B.
(c) All process of the court for service or execution and all documents or copies to be filed of record other than documents or copies filed of record as documentary proof shall be on paper known as A4 standard paper of a size of approximately 210mm by 297 mm.