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Table of Contents
Magistrates' Courts Act, 1944 (Act No. 32 of 1944)
Introduction
1. Definitions
Part I : Courts
Chapter I : Establishment and Nature of Courts
2. Minister's powers relative to districts, regional divisions and courts
3. Existing courts and districts to continue
4. Nature of the courts and force of process
5. Courts to be open to the public, with exceptions
6. Medium to be employed in proceedings
7. Public access to records and custody thereof
7A. Custody of civil summonses and returns thereto
Chapter II : Judicial Officers
8. Before whom courts to be held
9. Appointment of judicial officers
9bis. Repealed
9ter. Establishment of Senior Civil and Family Magistrates Appointments Advisory Board
9quat. Appointment of certain practitioners as civil, senior civil
10. Qualifications for appointment of judicial officers
11. Existing judicial officers to continue in office
12. Powers of judicial officers
Chapter III : Officers of the Court
13. Clerk of the Court
13A. Registrar of regional division
14. Messengers of the court
15. Service of process by the police
16. Messenger's duties respecting detention of persons by order of court
17. Messenger's return to be evidence
18. Repealed
18A. Repealed
19. Officers appointed previously to remain in office
Chapter IV : Practitioners
20. Advocates and attorneys
21. Candidate attorneys
22. Agents
23. Misconduct of practitioners
Chapter V
24. Repealed
25. Repealed
Part II : Civil Matters
Chapter VI : Civil Jurisdiction
26. Area of jurisdiction
27. Jurisdiction of periodical courts
28. Jurisdiction in respect of persons
29. Jurisdiction in respect of causes of action
29A. Jurisdiction in respect of appeals against decisions of Black chiefs, headmen and chief's deputies
29B. Jurisdiction of civil court of district relative to interlocutory
30. Arrests and interdicts
30bis. Attachment to found or confirm jurisdiction
31. Automatic rent interdict
32. Attachment of property in security of rent
33. Curator ad litem
34. Assessors
35. Transfer from one court to another
36. What judgments may be rescinded
37. Incidental jurisdiction
38. Abandonment of part claim
39. Deduction of admitted debt
40. Splitting of claims disallowed
41. Joinder of plaintiffs
42. Joinder of defendants
43. Jurisdiction cumulative
44. Application of sections 34, 35 and 37 to 43 inclusive to claims
45. Jurisdiction by consent of parties
46. Matters beyond the jurisdiction
46A. Matters beyond jurisdiction of court of civil division
47. Counterclaim exceeding jurisdiction
48. Judgment
49. Cession of costs
50. Removal of actions from court to provincial or local division
50A. Removal of divorce action from family court to
Chapter VII : Witnesses and Evidence
51. Modes of procuring attendance of witnesses and
51bis. Witness fees
52. Interrogatories
53. Commissions de bene esse
54. Pre-trial procedure for formulating issues
54A. Repealed
Chapter VIII : Recovery of Debts
55. Definition
55A. Factors to be taken into account when considering an order which is just and equitable
56. Recovery of costs of letter of demand
57. Admission of liability and undertaking to pay debt in instalments or otherwise
58. Consent to judgment or to judgment and an order
58A. Judgment by default shall be deemed to be judgment of court
59. Written request constitutes first document in an action
60. Prohibition of recovery of fees or remuneration by certain persons
Chapter IX : Execution
61. Definition
62. Power to grant or set aside a warrant
63. Execution to be issued within three years
64. Execution in case of judgment debt ceded
65. Offer by judgment debtor after judgment
65A. Notice to judgment debtor if judgment remains unsatisfied
65B. Repealed
65C. Joinder of proceedings
65D. Determination of judgment debtor's financial position
65E. Postponement of proceedings pending execution
65F. Repealed
65G. Repealed
65H. Repealed
65I. Application for administration order has preference
65J. Emoluments attachment orders
65K. Orders as to costs relating to certain proceedings
65L. Repealed
65M. Enforcement of certain judgments of division of High Court or court for regional division
66. Manner of execution
67. Property exempt from execution
68. Property executable
69. Interpleader claims
70. Sale in execution gives good title
71. Surplus after execution
71A. Movable property which messenger cannot dispose of in terms of this Act, shall be sold by public auction
72. Attachment of debts
73. Suspension of execution of debt
74. Granting of administration orders
74A Documents to be submitted with application for administration order
74B. Hearing of application for administration order
74C. Contents of administration order
74D. Authorising of issue of emoluments attachment order or garnishee order
74E. Appointment of administrator
74F. Notice of and objections to administration orders
74G. List of creditors and debts and additions thereto
74H. Inclusion of creditors in list after granting of administration order
74I. Payments by debtor in terms of administration order
74J. Duties of administrator
74K. Realisation of assets by administrator
74L. Remuneration and expenses of administrator
74M. Furnishing of information by administrator
74N. Failure by administrator to perform his duties
74O. Costs of application for administration order
74P. Remedies restricted by administration order
74Q. Suspension, amendment or rescission of administration order
74R. Administration order no bar to sequestration
74S. Incurring of debts by person subject to administration order
74T. Change of address by debtor subject to administration order
74U. Lapsing of administration order
74V. Interruption of prescription
74W. Failure of administrator to carry out certain duty
75. Jurisdiction to decide disputes arising out of garnishee orders
75bis. Review of conditions of sale of immovable property to be sold in execution of a Supreme Court judgment
76. Execution or payment is discharge pro tanto
77. Saving of existing laws prohibiting attachment
78. Execution or suspension in case of appeal
79. Person who has made a nulla bona return not to incur debts
Chapter X : Costs
80. Costs to be in accordance with scales and to be taxed
81. Review of taxation
Chapter XI : Appeal and Review
82. By consent, decision of magistrate's court be final
83. Appeal from magistrate's court
84. Time, manner and conditions of appeal
85. No peremption of appeal by satisfaction of judgment
86. Respondent may abandon judgment
87. Procedure of court of appeal
88. Execution of judgment of court of appeal
Part III : Criminal Matters
Chapter XII : Criminal Jurisdiction
89. Jurisdiction in respect of offences
90. Local limits of jurisdiction
91. Criminal jurisdiction of periodical courts
92. Limits of jurisdiction in the matter of punishments
93. Repealed
93bis. Repealed
93ter. Magistrate to be assisted by assessors
93quat. Regulations pertaining to assessors
Chapter XIII
94. Repealed
95. Repealed
Chapter XIV
96. Repealed
97. Repealed
98. Repealed
98bis. Repealed
99. Repealed
Chapter XV
100. Repealed
101. Repealed
102. Repealed
Chapter XVI
103. Repealed
104. Repealed
105. Repealed
Part IV : Offences
Chapter XVII : Offences
106. Penalty for disobedience of judgment or order of court
106A. Offence by garnishee
106B. Offence by employer
106C. Offences relating to judgments, emoluments attachment orders and instalment orders
107. Offences relating to execution
108. Custody and punishment for contempt of court
109. Judgment debtor to inform court of his address
Part V : General and Supplementary
Chapter XVIII : General and Supplementary
110. Pronouncements on validity of law or conduct of President
111. Amendment of proceedings
112. Administration of oath or affirmation
113. Repealed
114. Savings and non-application of Act
115. Saving of pending proceedings
115A. Application of Act to the territory of South-West Africa
116. Laws repealed
117. Short title
Schedules
Schedule 1 : Laws Repealed
Schedule 2 : Offences in respect of which judicial officers must be assisted
Schedule 3 : Application to Review Default Judgement and Subsequent Order
Regulations
Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa
Notice No. R. 740 of 2010
1. Purpose and application of rules
2. Definitions
3. Duties and office hours of registrars and clerks
4. Applications in terms of sections 57 and 58 of the Act
5. Summons
6. Rules relating to pleadings generally
7. Amendment of summons
8. Sheriff of the court
9. Service of process, notices and other documents
10. Edictal citation and substituted service
11. Judgment by consent
12. Judgment by default
13. Notice of intention to defend
14. Summary judgment
14A. Provisional sentence
15. Declaration
16. Further particulars
17. Plea
18. Offer to settle
18A. Interim payments
19. Exceptions and applications to strike out
20. Claims in reconvention
21. Replication and plea in reconvention
21A. Close of pleadings
22. Set-down of trial
23. Discovery of documents
24. Medical examinations, inspection of things, expert testimony and tendering in evidence any plan, diagram, model or photograph
25. Pre-trial procedure for formulating issues
26. Subpoena, interrogatories and committee de bene esse
27. Withdrawal, dismissal and settlement
28. Intervention, joinder and consolidation of actions
28A. Third party procedure
29. Trial
30. Record of proceedings in civil matters
31. Adjournment and postponement
32. Non-appearance of a party - withdrawal and dismissal
33. Costs
34. Fees of the sheriff
35. Review of taxation
36. Process in execution
37. Second or further warrants
38. Security by judgment creditor
39. General provisions regarding execution
40. Execution against a partnership
41. Execution against movable property
42. Execution against movable property (continued)
43. Execution against immovable property
43A. Enforcement of foreign civil judgments
44. Interpleader claims
45. Enquiry into financial position of judgment debtor
46. Attachment of emoluments
47. Attachment of a debt by garnishee order
48. Administration orders
49. Rescission and variation of judgments
50. Appeals and transfer of actions to magistrate's courts
51. Appeals in civil cases
52. Representation of parties
53. Pro Deo applicants
54. Actions by and against partners
55. Applications
55A. Amendment of pleadings
56. Arrests tanquam suspectus de fuga
57. Attachment of property to found or confirm jurisdiction
58. Maintenance pendente lite
59. Assessors
60. Non-compliance with rules, including time limits and errors
60A. Irregular proceedings
61. Records, entries or documents as evidence in civil matters
62. Security for costs
63. Filing, preparation and inspection of documents
64. Procedure for securing the attendance of witnesses in criminal cases
65. Criminal record book
66. Records of criminal cases
67. Criminal appeals
68. Oath of office of interpreter
69. Repeal of rules and transitional provisions
70. Short title and commencement
Annexure 1 : Forms
Form 1 : Notice of Motion (Short Form)
Form 1A : Notice of Motion (Long Form)
Form 2 : Summons
Form 2A : Provisional Sentence
Form 2B : Combined Summons
Form 3 : Summons commencing action
Form 4 : Edictal citation/substituted service :
Form 5 : Request for default judgment
Form 5A : Request for Judgment
Form 5B : Request for Judgment
Form 6 : Notice of Withdrawal
Form 7 : Notice of Application for Summary Judgment
Form 8 : Affidavit in support of Application for Summary Judgment
Form 9 : Affidavit under Section 32 of the Act
Form 10 : Security under Section 32 of the Act
Form 11 : Order under Section 32 of the Act
Form 12 : Consent to sale of goods attached under Section 32 of the Act
Form 13 : Discovery - form of Affidavit
Form 14 : Notice in terms of Rule 23(5)
Form 15 : Discovery - Notice to Produce
Form 15A : Discovery - Notice to Inspect Documents
Form 15B : Discovery - Notice to Produce Documents in Pleadings, etc
Form 16 : Order for Interdict Obtained ex parte
Form 17 : Order for Arrest of Person suspectus de fuga
Form 18 : Order for Attachment of Property
Form 19 : Direction to Attend Pre-Trial Conference
Form 20 : Order - Pre-Trial Conference
Form 21 : Application for Trial with Assessors
Form 22 : Summons to Assessor
Form 23 : Commissions de bene esse
Form 24 : Subpoena
Form 25 : Warrant for Payment of Fine
Form 26 : Warrant for the Arrest of a Witness in Default
Form 27 : Security on Arrest, Attachment or Interdict ex parte
Form 28 : Security when Execution is Stayed Pending Appeal
Form 29 : Security when Execution is Allowed Pending Appeal
Form 30 : Warrant of Ejectment
Form 31 : Warrant for Delivery of Goods
Form 32 : Warrant for Execution Against Property
Form 33 : Notice of Attachment in Execution
Form 34 : Notice to Preferent Creditor
Form 35 : Interpleader Summons
Form 36 : Interpleader Summons
Form 37 : Security under Rule 38
Form 38 : Emoluments Attachment Order -
Form 39 : Garnishee Order - Section 72 of the Magistrates' Court Act 1944 (Act 32 of 1944)
Form 40 : Notice to Appear in court
Form 40A : Warrant of Arrest in terms of section 65A(6) of the Magistrates' Court Act, 1944 (Act No. 32 of 1944)
Form 40B : Notice to Appear in Court
Form 41 : Notice of Set-down of Postponed Proceedings
Form 42 : Notice in terms of Rule 58(2)(a)
Form 43 : Notice to Third Party
Form 44 : Application for an Administration Order -
Form 45 : Statement of Affairs of Debtor
Form 46 : Certificate of Service of Foreign Process
Form 47 : Notice to Debtor that an Additional Creditor
Form 48 : Notice to Debtor that a Creditor
Form 49 : Notice to add an Additional Creditor
Form 50 : Notice to Creditor that his or her name has been added
Form 51 : Administration Order -
Form 52 : Distribution Account
Form 52A : Rescission of Administration Order -
Form 53 : Notice of Abandonment of Specified Claim, Exception or Defence
Form 54 : Agreement Not to Appeal
Form 55 : Request to Inspect Record
Form 56 : Criminal Record Book
Form 57 : Notice in terms of Section 309B(2)(d)
Annexure 2 : Scale of Costs and Fees
Table A : Costs
Part I : General Provisions
Part II : Undefended Actions
Part III : Defended Actions (and Interpleader Proceedings)
Part IV : Other Matters
Table B : Costs
Part I : General Provisions
Part II : General Provisions
Part III : General Provisions
Table C : General Provisions and Tariff of Fees (Sheriffs)
Part I : Sheriffs who are Officers of the Public Service
Part II : Sheriffs who are not Officers of the Public Service
Table D : Fees to Assessors
Appendix A : Tariff of Allowances Payable
Proclamations
Commencement of the Courts of Law Amendment Act, 2017 (Act No. 7 of 2017)
Proclamation No. R. 22 of 2018
"territory"
means the territory of South-West Africa;
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