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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

3. Duties and office hours of registrars and clerks of the court in civil matters

 

(1) The registrar or clerk of the court shall sign (manually or by machining a facsimile of his or her signature) and issue all such process of the court as may be sued out by any person entitled thereto or, at the request of any party by whom process was sued out, to reissue such process after its return by the sheriff.

 

(2) The first document filed in a case or any application not relating to a then pending case shall be numbered by the registrar or clerk of the court with a consecutive number for the year during which it is filed.

 

(3) Every document that has been served or delivered in an action or application referred to in subrule (2) or in any subsequent matter in continuation of any such application or action shall be marked with the relevant number by the party delivering it and shall not be received by the registrar or clerk of the court until so marked.

 

(4) All documents delivered to the registrar or clerk of the court to be filed and any minutes made by the court shall be filed under the number of the respective action or application.

 

(5) Copies of the documents referred to in rule 3(4) may be made by any person in the presence of the registrar or clerk of the court.

 

(6) The registrar or clerk of the court shall notify the plaintiff forthwith in writing of—
(a) the defendant's consent to judgment before the filing of any notice of intention to defend;
(b) a defective memorandum of notice of intention to defend by a defendant who is not represented by an attorney and in what respect such notice is defective as envisaged by rule 12(2)(a); and
(c) a request for a judgment by default having been refused.

 

(7)
(a) The registrar or clerk of the court shall note on a certified copy of a judgment at the request of the party to whom such copy is issued—
(i) particulars of any other judgment by the court or any other court, stating the relevant court in that case; and
(ii) any costs incurred after judgment and payable by the judgment debtor.
(b) A second or further certified copy of a judgment may be issued upon the filing of an affidavit confirming the loss of the certified copy of a judgment which it is intended to replace.

 

(8) The registrar or clerk of the court shall assist litigants by explaining these rules of procedure and providing such further assistance as is reasonably possible in accordance with section 9(6)(b)(ii) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No. 31 of 2008).

 

(9) The registrar of the regional court shall keep—
(a) a register to be called the register of divorce cases, and shall enter therein—
(i) the number of the action; and
(ii) the name of the parties; and
(b) a daily index of all cases entered in the register of divorce cases.

 

(10) Any act to be performed or notice to be signed by the registrar or clerk of the court in terms of these rules may be performed or signed by a judicial officer, provided that no judicial officer shall write out any affidavit, pleading or process for any party or tax any bill of costs.

 

(11) When a court imposes upon a person any fine such person shall forthwith pay such fine to the registrar or clerk of the court.

 

(12) Except on Saturdays, Sundays and public holidays, the offices of the registrar or clerk of the court shall be open from 8:00 to 13:00 and from 14:00 to 16:00, save that, for the purpose of issuing any process or filing any document, other than a notice of intention to defend, the offices shall be open from 8:00 to 13:00, and from 14:00 to 15:00: Provided that the registrar or clerk of the court may in exceptional circumstances issue process and accept documents at any time, and shall do so when directed by a magistrate.