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Rules
Superior Courts Act, 10 of 2013
Promulgation and amendments
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The Superior Courts Act was first promulgated on 12 August 2013 - see (Government Gazette 36743, 12 August 2013)
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The Superior Courts Act came into effect on 23 August 2013 - see (Government Gazette 36774, 22 August 2013)
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The following sections are not yet in effect:
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Sections 29, 37 and 45 and Item 11 of Schedule 1 in so far as it repeals Section 16 of the Constitutional Court Complementary Act, 1995 and No 1.1 of Schedule 2
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(Sections not yet in effect are denoted by blue text.)
ARRANGEMENT OF SECTIONS
INTRODUCTORY PROVISIONS
1. Definitions
2. Objects and interpretation of Act
3. Introduction of legislation dealing with court structures
CONSTITUTIONAL COURT, SUPREME COURT OF APPEAL AND HIGH COURT OF SOUTH AFRICA
4. Constitution and seat of Constitutional Court
5. Constitution and seat of Supreme Court of Appeal
6. Constitution of High Court of South Africa
GOVERNANCE AND ADMINISTRATION OF ALL COURTS
8. Judicial management of judicial functions
9. Access to courts, recess periods and attendance at courts
10. Finances
11. Appointment of officers and staff
MANNER OF ARRIVING AT DECISIONS BY SUPERIOR COURTS
12. Manner of arriving at decisions by Constitutional Court
13. Manner of arriving at decisions by Supreme Court of Appeal
14. Manner of arriving at decisions by Divisions
ORDERS OF CONSTITUTIONAL INVALIDITY, APPEALS AND SETTLEMENT OF CONFLICTING DECISIONS
15. Referral of order of constitutional invalidity to Constitutional Court
17. Leave to appeal
18. Suspension of decision pending appeal
19. Powers of court on hearing of appeals
20. Settlement of conflicting decisions in civil cases
PROVISIONS APPLICABLE TO HIGH COURT ONLY
21. Persons over whom and matters in relation to which Divisions have jurisdiction
22. Grounds for review of proceedings of Magistrates’ Court
23A. Rescission of judgment with consent of plaintiff or where judgment debt has been paid
24. Time allowed for appearance
25. Circumstances in which security for costs shall not be required
26. Disposal of records and execution of judgments of Circuit Courts
27. Removal of proceedings from one Division to another or from one seat to another in same Division
28. Prohibition on attachment to found jurisdiction within Republic
29. Rules of Constitutional Court
30. Rules of Supreme Court of Appeal and High Court
GENERAL PROVISIONS APPLICABLE TO ALL SUPERIOR COURTS
Part 1
31. Nature of courts and seals
32. Proceedings to be carried on in open court
33. More than one court may sit at same time
Adducing of evidence and procedural matters
34. Certified copies of court records admissible as evidence
36. Manner in which witness may be dealt with on refusal to give evidence or produce documents
37A. Evidence through intermediaries in proceedings other than criminal proceedings
38. Reference of particular matters for investigation by referee
39. Examination by interrogatories
41. Court may order removal of certain persons
Part 3
42. Scope and execution of process
43. Execution of process by sheriff
44. Electronic transmission of summonses, writs and other process
45. Property not liable to be seized in execution
46. Offences relating to execution
47. Issuing of summons or subpoena in civil proceedings against judge
48. Acting judges of Superior Courts
TRANSITIONAL PROVISIONS, AMENDMENT AND REPEAL OF LAWS, AND COMMENCEMENT
51. Rules in existence immediately before commencement of Act
52. Pending proceedings when Act commences
55. Repeal and amendment of laws
Schedule 2: Laws amended
MAGISTRATES’ COURTS ACT 32 of 1944
Promulgation and amendments
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This Act was first promulgated on 21 May 1945 - see Government Gazette 3497, 1 June 1945.
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The Act came into effect on 2 July 1945 - see Government Gazette 3497, 1 June 1945.
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All sections are presently in effect.
ARRANGEMENT OF SECTIONS
ARRANGEMENT OF SECTIONS
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
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
13A. Registrar of regional division
15. Service of process by the police
16. Messengers' duties respecting detention of persons by order of court
17. Messengers' return to be evidence
19. Officers appointed previously to remain in office
CHAPTER IV: PRACTITIONERS
23. Misconduct of practitioners
CHAPTER V: RULES OF THE COURT
PART II
CIVIL MATTERS
CHAPTER VI: CIVIL JURISDICTION
27. Jurisdiction in periodical courts
28. Jurisdiction in respect of persons
29. Jurisdiction in respect of causes of action
30bis. Attachment to found or confirm jurisdiction
32. Attachment of property in security of rent
35. Transfer from one court to another
36. What judgments may be rescinded
39. Deduction of admitted debt
40. Splitting of claims disallowed
44. Application of sections 34, 35 and 37 to 43 inclusive to claims in reconvention
45. Jurisdiction by consent of parties
46. Matters beyond the jurisdiction
47. Counterclaim exceeding jurisdiction
50. Removal of actions from court to provincial or local division
CHAPTER VII: WITNESSES AND EVIDENCE
51. Modes of procuring attendance of witnesses and penalty for non-attendance
54. Pre-trial procedure for formulating issues
54A. …
CHAPTER VIII: RECOVERY OF DEBTS
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 for payment of judgment debt in instalments
58A. Judgment by default shall be deemed to be judgment of court
59. Written request constitutes first document in an action
CHAPTER IX: EXECUTION
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
65D. Determination of judgment debtor's financial position
65E. Postponement of proceedings pending execution
65I. Application for administration order has preference
65J. Emoluments attachment orders
65K. Order as to costs relating to certain proceedings
65L. …
65M. Enforcement of certain judgments of division of High Court or court for regional division
67. Property exempt from execution
70. Sale in execution gives good title
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 the 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
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 persons 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 administrators to carry out certain duty
75. Jurisdiction to decide disputes arising out of garnishee orders
76. Execution or payment is discharged pro tanto
77. Saving of existing laws prohibiting attachment
78. Execution or suspension in case of appeal, etc.
79. Person who has made a nulla bona return not to incur debts
CHAPTER X: COSTS
80. Costs to be in accordance with scale and to be taxed
CHAPTER XI: APPEAL AND REVIEW
82. By consent, decision of magistrate's court may 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 court
92. Limits of jurisdiction in the matter of punishments
93. …
93bis. …
93ter. Magistrate may be assisted by assessors
CHAPTER XIII: REMITTAL
94. …
95. …
CHAPTER XIV: REVIEW
96. …
97. …
98. …
98bis. …
99. …
CHAPTER XV: EXECUTION OF SENTENCES
100. …
101. …
102. …
CHAPTER XVI: CRIMINAL APPEALS
103. …
104. …
PART IV
CHAPTER XVII: OFFENCES
106. Penalty for disobedience of judgment or order of court
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
CHAPTER XVIII: GENERAL AND SUPPLEMENTARY
110. Pronouncements on validity of law or conduct of President
112. Administration of oath or affirmation
114. Savings and non-application of Act
115. Saving of pending proceedings
115A. Application of Act to the territory of South-West Africa
RULES OF THE CONSTITUTIONAL COURT
Promulgation and amendments
The Chief Justice of South Attica has, under section 171 of the Constitution of the Republic of South Africa, 1996, and section 16 of the Constitutional Court Complementary Act, 1995 (Act No. 13 of 1995), as amended, prescribed the rules contained in the Annexure hereto regulating matters relating to the proceedings of and before the Constitutional Court with effect from 1 December 2003.
TABLE OF CONTENTS
4 General duties of the Registrar
8. Intervention of Parties in the proceedings
9. Power of attorney or authorisation to act
15 Constitutionality of an Act
16 Confirmation of an order of constitutional invalidity
17 Certification of a provincial constitution
21 Additional information to be furnished to the Registrar
22 Taxation of costs and attorneys' fees
26 Models, diagrams and exhibits
29 Application of certain rules of the Uniform Rules
30 Application of certain sections of the Supreme Court Act, 1959 (Act No. 59 of 1959)
31 Documents lodged to canvass factual material
32 Non-compliance with the rules
33 Execution: Section 3 of the Constitutional Court Complementary Act, 1995 (Act No. 13 of 1995)
Form 1 - Notice of motion: To registrar
Form 2 - Notice of motion: To registrar and respondent
RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
Promulgation and amendments
The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), with the approval of the Minister of Justice, made the rules in the Schedule.
4. General Powers and Duties of Registrar
6. Application for Leave to Appeal
11. Powers of the President or the Court
11A. Non-compliance with Rules
12. Application for Condonation
15. Legal assistance to indigent persons
21. Short Title and Commencement
The table of contents was amended in terms of Government Gazette 33689 | Government Notice 979 | 19 November 2010 | pages 3 to 22 | Commencement date 24 December 2010.
The Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa
These rules were first promulgated on 12 January 1965 in Government Notice No. R. 48.
All rules are presently in effect.
Promulgation and amendments
2. Sittings of the Court and recess periods
4A. Delivery of documents and notices
10 Joinder of Parties and Causes of Action
12 Intervention of Persons as Plaintiffs or Defendants
14 Proceedings by and against Partnerships, Firms and Associations
16A Submissions by an amicus curiae
18 Rules relating to Pleading generally
19 Notice of Intention to Defend
23 Exceptions and Applications to Strike Out
25 Replication and Plea in Reconvention
26 Failure to Deliver Pleadings - Barring
27 Extension of Time and Removal of Bar and Condonation
28 Amendment of Pleadings and Documents
29 Close of Pleadings and Notice of Set Down of trials
30A Non-compliance with Rules and Court Orders
31 Judgment on confession and by default and rescission of judgments
33 Special Cases and Adjudication upon Points of Law
35 Discovery, Inspection and Production of Documents
36 Inspections, Examinations and Expert Testimony
38. Procuring evidence for trial
38A Referral of particular matters for investigation by referee
40 Legal assistance to indigent persons
41 Withdrawal, Settlement, Discontinuance, Postponement and Abandonment
41A Mediation as a dispute resolution mechanism
42 Variation and Rescission of Orders
43 – Interim relief in matrimonial matters
44 Divorce Actions and annulment of marriages
45 Execution - General and Movables
45A Suspension of orders by the court
46 EXECUTION - IMMOVABLE PROPERTY
46A Execution against residential immovable property
49 Civil Appeals from the High Court
49A Criminal Appeals to the Full Court
50 Civil Appeals from Magistrates' Courts
51 Criminal Appeals from Magistrates' Courts
52 Criminal Appeals to the Supreme Court of Appeal
54 Criminal Proceedings - Provincial and Local Divisions
55 Criminal Proceedings - Circuit Court
56 Criminal Proceedings - General
57 Appointment of Curators in Respect of Persons under Disability and Release from Curatorship
62 Filing, Preparation and Inspection of Documents
63 Authentication of Documents Executed Outside the Republic for Use Within the Republic
66 Duration of writs of execution
68A Tariff of fees and allowances for intermediaries in proceedings other than criminal proceedings
69 Advocates’ fees in civil matters in the provincial and local divisions of the Supreme Court
70 Taxation and Tariff of Fees of Attorneys
FORMS
Form 2 - Notice of motion (Short form - to registrar)
Form 2(a) - Notice of motion (Long form - to respondent and registrar)
Form 2A - Notice of application to declare immovable property executable in terms of rule 46A
Form 2B - Application for rescission of judgment in terms of rule 31(6)(a)
Form 2C - Application for rescission of judgment in terms of rule 31(6)(b)
Form 3 - Summons: Provisional Sentence
Form 7 - Notice to third party
Form 8 - Notice to alleged partner
Form 11 - Discovery, form of Affidavit
Form 12 - Notice in terms of rule 35(5)
Form 13 - Discovery - Notice to produce
Form 14 - Discovery - Notice to Inspect documents
Form 15 - Discovery - Notice to produce documents in pleadings etc.
Form 16A - Subpoena duces tecum
Form 17 - Notice in terms of rule 43
Form 19 - Form of security under rule 45(5)
Form 20 - Writ of attachment - Immovable property
Form 20A - Notice of attachment in execution
Form 21 - Conditions of sale in execution of immovable property
Form 21A - Notice to cancel sale of immovable property in terms of rule 46(11)(a)
Form 25 - Notice in terms of section 309C(6) of the Criminal Procedure Act, 1977 (Act 51 of 1977)
Form 26 - Notice of intention to tax bill of costs
Form 27 - notice of agreement or opposition to mediation
Form A - Writ Of Execution - Movable Property, Provisional Sentence
Form B - Writ of Attachment - Provisional Sentence – Immovable Property Declared Executable
Form D - Certificate of Ownership and Encumbrances: Sale in Execution of Immovable Property
Form F - Writ of Commitment for Contempt of Court
Form H - Writ of Attachment, Ad Fundandam Jurisdictionem
THE RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE MAGISTRATES' COURTS OF SOUTH AFRICA
The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), read with section 9(6)(a) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.
Promulgation and amendments
1. Purpose and application of rules
CHAPTER 1 (rules 3-69)
3. Duties and office hours of registrars and clerks of the court in civil matters
4. Applications in terms of sections 57 and 58 of the Act
6. Rules relating to pleadings generally
9. Service of process, notices and other documents
10. Edictal citation and substituted service
13. Notice of intention to defend
19. Exceptions and applications to strike out
21. Replication and plea in reconvention
21B. Failure to deliver pleadings - barring
22A. Meeting between parties to prepare for pre-trial conference or trial
25. Judicial Case Management and pre-trial Conference
27. Withdrawal, dismissal and settlement
28. Intervention, joinder and consolidation of actions
30. Record of proceedings in civil matters
31. Adjournment and postponement
32. Non-appearance of a party - withdrawal and dismissal
34A. Tariff of fees and allowances for intermediaries in proceedings other than criminal proceedings
37. Second or further warrants or emoluments attachment orders or garnishee orders
38. Security by execution 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. Execution against residential immovable property
43B. Enforcement of foreign civil judgment
45. Enquiry into financial position of judgment debtor
46. Attachment of emoluments by emoluments attachment order
47. Attachment of a debt by garnishee order
49. Rescission and variation of judgments
50. Appeals and transfer of actions to magistrates' courts
52. Representation and substitution of parties
52A. Notice of withdrawal, appointment or substitution as attorney of record
56. Interdicts, attachments to secure claims and Mandamenten van spolie
57. Attachment of property to found or confirm jurisdiction
58. Interim relief in matrimonial matters
60. Non-compliance with rules and court orders, including time limits and errors
61. Records, entries or documents as evidence in civil matters
63. Filing, preparation and inspection of documents
64. Procedure for securing the attendance of witnesses in criminal cases
68. Oath of office of interpreter
69. Repeal of rules and transitional provisions
CHAPTER 2 (rules 70-88)
72. Notice agreeing to or opposing mediation
75. Multiple parties and issues
76. Confidentiality and admissibility
FORMS
No. 1 – Notice of Motion (Short Form)
No. 1A – Notice of Motion (Long Form)
No. 1B - Notice of application to declare immovable property executable in terms of rule 43A
No. 2 – Simple summons (Claim in respect of debt or liquidated demand)
No. 2A – Summons: Provisional Sentence
No. 2C – Combined Summons (Divorce Matters)
No. 3 – Summons (in which is included an automatic rent interdict)
No. 3 – Summons (in which is included an automatic rent interdict)
No. 4 - Edictal citation/substituted service: short form of process
No. 5 - Request for default judgment
No. 7 - Notice of Application for Summary Judgment
No. 9 - Affidavit under Section 32 of the Act
No. 10 – Security under Section 32 of the Act
No. 11 – Order under Section 32 of the Act
No. 12 - Consent to sale of goods attached under Section 32 of the Act
No. 13 - Discovery – form of Affidavit
No. 14 - Notice in terms of Rule 23(5)
No. 15 - Discovery - Notice to Produce
No. 15A - Discovery - Notice to Inspect Documents
No. 15B - Discovery – Notice to Produce Documents in Pleadings, etc
No. 16 - Order for Interdict Obtained ex parte
No. 18 - Warrant for Attachment of Property to Found or Confirm Jurisdiction
No. 19 – Direction to Attend Pre-Trial Conference
No. 20 Order – Pre-Trial Conference
No. 21 - Application for Trial with Assessors
No. 23 - Commissions de bene esse
No. 25 – Warrant for Payment of Fine or Arrest of Witness in Default
No. 26 – Warrant for the Arrest of a Witness in Default
No. 27 – Security on Arrest, Attachment or Interdict ex parte
No. 28 - Security when Execution is Stayed Pending Appeal
No. 29 - Security when Execution is Allowed Pending Appeal
No. 31 – Warrant for Delivery of Goods
No. 32 – Warrant of Execution Against Property
No. 33 - Notice of Attachment in Execution
No. 33A - Conditions of sale in execution of immovable property
No. 33B – Notice to cancel sale of immovable property in terms of rule 43(11)(a)
No. 34 – Notice to Preferent Creditor
No. 37 – Security under Rule 38
No. 39 – Garnishee Order – Section 72 of the Magistrates’ Courts Act 1944 (Act 32 of 1944)
No. 42 – Notice in terms of Rule 58(2)(a)
No. 43 - Notice to Third Party
No. 46 – Certificate of Service of Foreign Process
No. 53 – Notice of Abandonment of Specified Claim, Exception or Defence
No. 54 – Agreement Not to Appeal
No. 55 – Request to Inspect Record
No. 58 - Notice of intention to tax bill of costs in terms of rule 33 (15) (b)