Magistrates’ Courts Rules: Proposed Amendments to Land Eviction Review Procedures

Posted 08 December 2025 Written by Acts Online
Category Courts

Brought to you by SA Legal Academy: The Rules Board for Courts of Law is seeking public comment on draft amendments to the rules of the Magistrates’ Courts. These changes aim to align court procedures with recent legislative developments regarding the automatic review of eviction orders.

In terms of the Rules Board for Courts of Law Act, No. 107 of 1985, the Department of Justice & Constitutional Development has published a call for input on a proposed rule amendment. The draft rule is designed to regulate the procedural requirements for the automatic review of eviction orders issued under the Extension of Security of Tenure Act, No. 62 of 1997 (ESTA) and the Land Court Act, No. 6 of 2023.

The proposed amendment addresses the interface between the Magistrates’ Courts and the Land Court. Under section 19(3) of ESTA, any order for eviction made by a magistrate is subject to automatic review by the Land Court. The new rules seek to formalise the administrative and procedural steps required to transmit records and manage these reviews following the commencement of the Land Court Act, No. 6 of 2023.

  • Stakeholders must submit written comments on the draft rules by no later than 23 January 2026.
  • The amendments specifically target the standardisation of procedures for land-related evictions involving occupiers as defined in ESTA.
  • The rules will clarify the duties of clerks of the court in preparing and forwarding records for judicial review.

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

  • For yourself: Legal practitioners specialising in property or land rights must familiarise themselves with the proposed administrative timelines for reviews to ensure compliance with future filing requirements.
  • For your business: Law firms handling eviction matters must prepare to update internal standard operating procedures for Magistrates’ Court filings to account for the formalised transmission of records to the Land Court.
  • For your clients: Clients who are either land owners or occupiers will benefit from greater procedural certainty and potentially reduced delays in the automatic review process required by law for ESTA-related evictions.

Originally published at https://legalacademy.co.za/news/read/magistrates-courts-rules-input-sought-on-land-eviction-related-amendment

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