(1)
| (a) |
Any person desiring to sue or defend as a pro Deo litigant may apply to the court on notice to the party to be sued or to the plaintiff, as the case may be, for leave to do so. |
| (b) |
The applicant shall deliver with a notice referred to in paragraph (a) an affidavit made by himself or herself setting out fully the grounds of action or of defence on which he or she intends to rely and particulars of his or her means. |
| (2) |
The registrar or clerk of the court shall, at the request of an applicant desiring to sue or defend as a pro Deo litigant and on the direction of a judicial officer, write out the relevant notice and affidavit, notwithstanding that the claim or value of the matter in dispute exceeds R100 and no fee shall be payable by the applicant for such assistance. |
| (3) |
The court may upon an application to sue or defend as a pro Deo litigant— |
| (a) |
examine the applicant on oath as to his or her right of action or grounds of defence, and as to his or her means; |
| (b) |
require the applicant to call further evidence with reference to either question; or |
| (c) |
refer any such application to an attorney for investigation and report as to the applicant's means and whether he or she has a prima facie right of action or defence, as the case may be. |
| (4) |
If the court is satisfied that an applicant referred to in subrule (1) has a prima facie right of action or of defence and is not possessed of means sufficient to enable him or her to pay the costs of the action, court fees and sheriff's charges and will not be able within a reasonable time to provide such sums from his or her earnings, the court may order that— |
| (a) |
process of the court shall be issued and served free of charge to the applicant other than for the disbursements of the sheriff; |
| (b) |
an attorney be appointed to act for such applicant; or |
| (c) |
the registrar or clerk of the court, without charge, write out such process, affidavits, notices and other documents as may be required to comply with these rules. |
| (5) |
If a pro Deo litigant succeeds and is awarded costs against his or her opponent he or she shall, subject to taxation, be entitled to include and recover in such costs his or her attorney's costs and also the court fees and sheriff's charges so remitted and if he or she shall recover either the principal amount, the interest or the costs, he or she shall first pay and make good out of that pro rata all such costs, fees and charges. |
| (6) |
If the pro Deo litigant does not succeed or recover upon a judgment in his or her favour no fees shall be taken from him or her by the attorney so appointed to act for him or her. |
(7) An order made under this rule—
| (a) |
shall not exempt a pro Deo litigant from liability to be adjudged to pay adverse costs; and |
| (b) |
may, on application at any time before judgment by any person affected thereby, be reviewed and rescinded or varied by the court for good cause shown. |
| (8) |
Nothing contained in this rule shall prevent the court, at its discretion, from referring a pro Deo litigant or applicant to a convenient legal aid centre or justice centre for assistance at any given time. |
Statistics Act, 1999
