High Court and Magistrates’ Courts Rules: 2026 Amendments

Posted 24 December 2025 Written by Acts Online
Category Courts

Brought to you by SA Legal Academy: Substantive amendments to the rules governing proceedings in South African courts have been gazetted, with implementation set for early 2026.

In terms of the Rules Board for Courts of Law Act, No. 107 of 1985, new regulations affecting both the High Court and Magistrates’ Courts were published on 24 December 2025. These amendments are scheduled to come into operation on 30 January 2026.

High Court Rule Amendments

The amendments to the rules regulating the conduct of proceedings in the provincial and local divisions of the High Court of South Africa (Uniform Rules of Court) introduce substantive changes to litigation procedures. These changes, gazetted on 24 December 2025, aim to refine the regulatory framework for proceedings across all divisions.

Magistrates’ Courts Rule Amendments

Parallel to the High Court changes, the rules regulating the conduct of proceedings in the Magistrates’ Courts of South Africa have been amended. A specific feature of this update, also effective from 30 January 2026, is the formal insertion of a definition for the term ‘affidavit’ within the rules to provide greater regulatory certainty for sworn statements filed in these courts.

What this means for you, your business, or your clients

  • For yourself: You must review the specific procedural changes in the 24 December 2025 Gazette to ensure your personal litigation drafting and filing practices remain compliant when the rules take effect.
  • For your business: Your firm must update standard operating procedures and automated document generation software to incorporate the new definition of ‘affidavit’ and any revised High Court timelines or forms before the January 2026 deadline.
  • For your clients: You should inform clients with active or pending litigation that procedural requirements will change on 30 January 2026, which may impact how their matters are processed in both the High and Magistrates’ Courts.

Originally published at https://legalacademy.co.za/news/read/high-court-rules-substantive-amendments-in-force-soon

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