SA Court Rules.co.za
Abandonment
Abandonment
Actions by and against partners, a person carrying on business in a name or style other than his or her own name, an unincorporated company, syndicate or association
Magistrates’ courts rules
Adjournment and postponement
Magistrates’ courts rules
Adjudication upon Points of Law
Administration of oath or affirmation
Magistrates’ courts Act - Section 112.
Amendment of pleadings
Magistrates’ courts rules
Amendment of summons
Magistrates’ courts rules
Application of sections 34, 35 and 37 to 43 inclusive to claims in reconvention
Magistrates’ courts Act - Section 44.
Applications to Strike Out
Assessors
Magistrates’ courts Act - Section 34.
Magistrates’ courts rules
Attachment of property to found or confirm jurisdiction
Magistrates’ courts rules
Automatic rent interdict
Magistrates’ courts Act - Section 31.
Change of Parties
Claim in Reconvention
Magistrates’ courts rules
Close of pleadings
Magistrates’ courts rules
Condonation
Confession to judgment
Consent to judgment or to judgment and an order for payment of judgment debt in instalments
Magistrates’ courts Act - Section 58.
Consolidation of Actions
Counterclaim exceeding jurisdiction
Magistrates’ courts Act - Section 47.
Custody of civil summonses and returns thereto
Magistrates’ courts Act - Section 7A.
Declaration
Magistrates’ courts rules
Deduction of admitted debt
Magistrates’ courts Act - Section 39.
Default Judgment
Discontinuance
Discovery, Inspection and Production of Documents
Discovery of documents
Magistrates’ courts rules
Divorce Actions and annulment of marriages
Edictal Citation
Edictal citation and substituted service
Magistrates’ courts rules
Examinations
Exceptions
Exceptions and applications to strike out
Magistrates’ courts rules
Expert Testimony
Extension of Time
Factors to be taken into account when considering an order which is just and equitable
Magistrates’ courts Act - Section 55A.
Failure to Deliver Pleadings – Barring
Magistrates’ courts rules
Further Particulars
Magistrates’ courts rules
Inspections
Interim Payments
Interrogatories
Magistrates’ courts Act - Section 52.
Interruption of prescription
Magistrates’ courts Act - Section 74V.
Intervention of Persons as Plaintiffs or Defendants
Intervention, joinder and consolidation of actions
Magistrates’ courts rules
Joinder of defendants
Magistrates’ courts Act - Section 42.
Joinder of Parties and Causes of Action
Joinder of plaintiffs
Magistrates’ courts Act - Section 41.
Joinder of proceedings
Magistrates’ courts Act - Section 65C.
Judgment
Magistrates’ courts Act - Section 48.
Judgment by consent
Magistrates’ courts rules
Judgment by default
Magistrates’ courts rules
Judgment by default shall be deemed to be judgment of court
Magistrates’ courts Act - Section 58A.
Judicial Case Management
Judicial Case Management and pre - trial Conference
Magistrates’ courts rules
Magistrate may be assisted by assessors
Magistrates’ courts Act - Section 93ter.
Mediation as a dispute resolution mechanism
Medical examinations, inspection of things, expert testimony and tendering in evidence any plan, diagram, model or photograph
Magistrates’ courts rules
Meeting between parties to prepare for pre - trial conference or trial
Magistrates’ courts rules
Non - appearance of a party - withdrawal and dismissal
Magistrates’ courts rules
Notice of Intention to Defend
Magistrates’ courts rules
Notice of set down of trials
Offer to Settle
Magistrates’ courts rules
Plea
Magistrates’ courts rules
Plea in Reconvention
Postponement
Pre-trial conference
Pre-trial procedure for formulating issues
Magistrates’ courts Act - Section 54.
Pro Deo Applicants
Magistrates’ courts rules
Proceedings by and against Partnerships, Firms and Associations
Procuring evidence for trial
Records, entries or documents as evidence in civil matters
Magistrates’ courts rules
Recovery of costs of letter of demand
Magistrates’ courts Act - Section 56.
Recovery of debts
Magistrates’ courts Act - Chapter VIII
Removal of actions from court to provincial or local division
Magistrates’ courts Act - Section 50.
Removal of Bar
Replication
Replication and plea in reconvention
Magistrates’ courts rules
Respondent may abandon judgment
Magistrates’ courts Act - Section 86.
Service
Set - down of trial
Magistrates’ courts rules
Settlement
Special Cases
Splitting of claims disallowed
Magistrates’ courts Act - Section 40.
Summary Judgment
Magistrates’ courts rules
Summons
Magistrates’ courts rules
Third Party Procedure
Magistrates’ courts rules
Trial
Magistrates’ courts rules
Withdrawal
Withdrawal, dismissal and settlement
Magistrates’ courts rules
Written request constitutes first document in an action
Magistrates’ courts Act - Section 59.
Actions
Administration
Access to courts
Superior Courts Act, 10 of 2013 - section 9.
Additional information to be furnished to the Registrar of the Constitutional Court
Constitutional Court Rule - 21.
Administrative archiving
Application of Act to the territory of South-West Africa
Magistrates’ courts Act - Section 115A.
Appointment of administrator
Magistrates’ courts Act - Section 74E.
Appointment of judicial officers
Magistrates’ courts Act - Section 9.
Attendance at courts
Superior Courts Act, 10 of 2013 - section 9.
Before whom courts to be held
Magistrates’ courts Act - Section 8.
Clerk of the court
Magistrates’ courts Act - Section 13.
Court terms
Constitutional Court
Constitutional Court Rule - 2.
Supreme Court of Appeal.
Supreme Court of Appeal Rule - 2.
Courts
Magistrates’ courts Act - Part I
Courts to be open to the public, with exceptions
Magistrates’ courts Act - Section 5.
Duties and office hours of registrars and clerks of the court in civil matters
Magistrates’ courts rules
Establishment and nature of courts
Magistrates’ courts Act - Chapter I
Existing courts and districts to continue
Magistrates’ courts Act - Section 3.
Existing judicial officers to continue in office
Magistrates’ courts Act - Section 11.
Finances
Superior Courts Act, 10 of 2013 - section 10.
Financial accountability
Superior Courts Act, 10 of 2013 - section 54.
General and supplementary
Magistrates’ courts Act - Chapter XVIII
In Forma Pauperis in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 15.
Introduction of legislation dealing with court structures
Superior Courts Act, 10 of 2013 - section 3.
Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries
Superior Courts Act, 10 of 2013 - section 40.
Medium to be employed in proceedings
Magistrates’ courts Act - Section 6.
Minister's powers relative to districts, regional divisions and courts
Magistrates’ courts Act - Section 2.
Nature of courts and seals
Superior Courts Act, 10 of 2013 - section 31.
Nature of the courts and force of process
Magistrates’ courts Act - Section 4.
Oath of office of interpreter
Magistrates’ courts rules
Offences
Magistrates’ courts Act - Chapter XVII
Pending proceedings when Act commences
Superior Courts Act, 10 of 2013 - section 52.
Public access to records and custody thereof
Magistrates’ courts Act - Section 7.
Purpose and application of rules
Magistrates’ courts rules
Purpose of rules
Magistrates’ courts rules
Recess periods
Superior Courts Act, 10 of 2013 - section 9.
Record of proceedings in civil matters
Magistrates’ courts rules
Records of criminal cases
Magistrates’ courts rules
Registrar
General duties of the Registrar in the Constitutional Court
Constitutional Court Rule - 4.
General Powers and Duties of Registrar (Supreme Court of Appeal).
Supreme Court of Appeal Rule - 4.
Registrar’s Office Hours
Constitutional Court’s
Constitutional Court Rule - 3.
High Court
Supreme Court of Appeal
Supreme Court of Appeal Rule - 3.
Registrar of regional division
Magistrates’ courts Act - Section 13A.
Rules in existence immediately before commencement of Act
Superior Courts Act, 10 of 2013 - section 51.
Saving of pending proceedings
Magistrates’ courts Act - Section 115.
Savings and non-application of Act
Magistrates’ courts Act - Section 114.
Sittings of the Court
Transitional provisions
Constitutional Court Rule - 34.
Admission of Advocates
in the Constitutional Court
Constitutional Court Rule - 10.
in the High Court
in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 16.
Amici curiae
Annulment of Marriages
Appeal and review
Magistrates’ courts Act - Chapter XI:
Appeal from magistrate's court
Magistrates’ courts Act - Section 83.
Appeals and transfer of actions to magistrates' courts
Magistrates’ courts rules
Appeals generally
Superior Courts Act, 10 of 2013 - section 16.
Appeals in civil cases
Magistrates’ courts rules
Appeals in the Constitutional Court
Constitutional Court Rule - 19.
Application for Leave to Appeal to the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 6.
By consent, decision of magistrate's court may be final
Magistrates’ courts Act - Section 82.
Civil Appeals
from Magistrates' Courts
from the High Court
Criminal Appeals
from Magistrates' Courts
Magistrates’ courts rules
to the Full Court
to the Supreme Court of Appeal
Magistrates’ courts Act - Chapter XVI
Execution or suspension in case of appeal, etc.
Magistrates’ courts Act - Section 78.
Leave to appeal
Application for Leave to Appeal to the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 6.
No peremption of appeal by satisfaction of judgment
Magistrates’ courts Act - Section 85.
Notice of Appeal to the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 7.
Oral Argument in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 14.
Powers of court on hearing of appeals
Superior Courts Act, 10 of 2013 - section 19.
Procedure of court of appeal
Magistrates’ courts Act - Section 87.
Procedure on appeal in the Constitutional Court
Constitutional Court Rule - 20.
Record for appeal to Supreme Court of Appeal.
Supreme Court of Appeal Rule - 8.
Settlement of conflicting decisions in civil cases
Superior Courts Act, 10 of 2013 - section 20.
Suspension of decision pending appeal
Superior Courts Act, 10 of 2013 - section 18.
Time, manner and conditions of appeal
Magistrates’ courts Act - Section 84.
Appeals
Administration orders
Administration order no bar to sequestration
Magistrates’ courts Act - Section 74R.
Application for administration order has preference
Magistrates’ courts Act - Section 65I.
Appointment of administrator
Magistrates’ courts Act - Section 74E.
Change of address by debtor subject to administration order
Magistrates’ courts Act - Section 74T.
Contents of administration order
Magistrates’ courts Act - Section 74C.
Costs of application for administration order
Magistrates’ courts Act - Section 74O.
Documents to be submitted with application for administration order
Magistrates’ courts Act - Section 74A.
Duties of administrator
Magistrates’ courts Act - Section 74J.
Failure by administrator to perform his duties
Magistrates’ courts Act - Section 74N.
Failure of administrators to carry out certain duty
Magistrates’ courts Act - Section 74W.
Furnishing of information by administrator
Magistrates’ courts Act - Section 74M.
Granting of administration orders
Magistrates’ courts Act - Section 74.
Hearing of application for administration order
Magistrates’ courts Act - Section 74B.
Inclusion of creditors in list after granting of administration order
Magistrates’ courts Act - Section 74H.
Incurring of debts by persons subject to administration order
Magistrates’ courts Act - Section 74S.
Lapsing of administration order
Magistrates’ courts Act - Section 74U.
Magistrates’ courts rules - rule 48
Notice of and objections to administration orders
Magistrates’ courts Act - Section 74F.
Payments by debtor in terms of administration order
Magistrates’ courts Act - Section 74I.
Realisation of assets by administrator
Magistrates’ courts Act - Section 74K.
Remedies restricted by administration order
Magistrates’ courts Act - Section 74P.
Remuneration and expenses of administrator
Magistrates’ courts Act - Section 74L.
Suspension, amendment or rescission of administration order
Magistrates’ courts Act - Section 74Q.
Admission of liability and undertaking to pay debt in instalments or otherwise
Magistrates’ courts Act - Section 57.
Applications in terms of sections 57 and 58 of the Act
Magistrates’ courts rules
rule 4
Admission of Liability
Abandonment
Application procedure in the Constitutional Court
Constitutional Court Rule - 11.
Applications in terms of sections 57 and 58 of the Act
Magistrates’ courts rules
Attachment of property to found or confirm jurisdiction
Magistrates’ courts rules
Discontinuance
Edictal Citation
In the High Court
In the Magistrates’ courts
Interdicts, attachments to secure claims and Mandamenten van spolie
Magistrates’ courts rules
Non - appearance of a party - withdrawal and dismissal
Magistrates’ courts rules
Offer to settle
Magistrates’ courts rules
Postponement
Pro Deo Applicants
Magistrates’ courts rules
Records, entries or documents as evidence in civil matters
Magistrates’ courts rules
Respondent may abandon judgment
Magistrates’ courts Act - Section 86.
Rules relating to pleadings generally
Magistrates’ courts rules
Service
Settlement
Urgent applications in the Constitutional Court
Constitutional Court Rule - 12.
Withdrawal
Withdrawal, dismissal and settlement
Magistrates’ courts rules
Applications
Argument in the Constitutional Court
Constitutional Court Rule - 13.
Heads of Argument in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 10.
Oral Argument in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 14.
Practice Note in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 10A.
Argument, heads of argument, practice notes etc
Arrest
Proceedings by and against
Actions by and against partners, a person carrying on business in a name or style other than his or her own name, an unincorporated company, syndicate or association
Magistrates’ courts rules
Associations
Change of Parties
Application for Condonation in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 12.
Condonation
Failure to deliver pleadings - barring
Magistrates’ courts rules
Condonation
Adjournment and postponement
Magistrates’ courts rules
Amendment of proceedings
Magistrates’ courts Act - Section 111.
Application of sections 34, 35 and 37 to 43 inclusive to claims in reconvention
Magistrates’ courts Act - Section 44.
Argument in the Constitutional Court
Constitutional Court Rule - 13.
Assessors
Magistrates’ courts Act - Section 34.
Magistrates’ courts rules - rule 59
By consent, decision of magistrate's court may be final
Magistrates’ courts Act - Section 82.
Civil matters
Magistrates’ courts Act - Part II
Court may order removal of certain persons
Superior Courts Act, 10 of 2013 - section 41.
Custody and punishment for contempt of court
Magistrates’ courts Act - Section 108.
Judicial Case Management and pre - trial Conference
Magistrates’ courts rules
Matters beyond the jurisdiction
Magistrates’ courts Act - Section 46.
Medium to be employed in proceedings
Magistrates’ courts Act - Section 6.
Meeting between parties to prepare for pre - trial conference or trial
Magistrates’ courts rules
Modes of procuring attendance of witnesses and penalty for non-attendance
Magistrates’ courts Act - Section 51.
More than one court may sit at same time
Superior Courts Act, 10 of 2013 - section 33.
Offer to settle
Magistrates’ courts rules
Pre-trial procedure for formulating issues
Magistrates’ courts Act - Section 54.
Procedure for securing the attendance of witnesses in criminal cases
Magistrates’ courts rules
Proceedings to be carried on in open court
Superior Courts Act, 10 of 2013 - section 32.
Security in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 9.
Set - down of trial
Magistrates’ courts rules
Set-Down of matters in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 13.
Settlement
in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 16A.
Splitting of claims disallowed
Magistrates’ courts Act - Section 40.
Translations in the Constitutional Court
Constitutional Court Rule - 25.
Withdrawal of cases
in the Constitutional Court
Constitutional Court Rule - 27.
in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 16A.
Withdrawal, dismissal and settlement
Magistrates’ courts rules
Conduct of proceedings
Confession to judgment
Consent to judgment or to judgment and an order for payment of judgment debt in instalments
Magistrates’ courts Act - Section 58.
Judgment by consent
Consent to judgment
Application of certain rules of the Uniform Rules in the Constitutional Court
Constitutional Court Rule - 29.
Application of certain sections of the Supreme Court Act, 1959 (Act No. 59 of 1959) in the Constitutional Court
Constitutional Court Rule - 30.
Application procedure in the Constitutional Court
Constitutional Court Rule - 11.
Argument in the Constitutional Court
Constitutional Court Rule - 13.
Certification of a provincial constitution by the Constitutional Court
Constitutional Court Rule - 17.
Confirmation of an order of constitutional invalidity
Constitutional Court Rule - 16.
Constitution and seat of Constitutional Court
Superior Courts Act, 10 of 2013 - section 4.
Constitutionality of an Act
Constitutional Court Rule - 15.
Direct access to the Constitutional Court
Constitutional Court Rule - 18.
Library of the Constitutional Court
Constitutional Court Rule - 24.
Manner of arriving at decisions by Constitutional Court
Superior Courts Act, 10 of 2013 - section 12.
Referral of a Bill to the Constitutional Court
Constitutional Court Rule - 14.
Referral of order of constitutional invalidity to Constitutional Court
Superior Courts Act, 10 of 2013 - section 15.
Rules of Constitutional Court
Superior Courts Act, 10 of 2013 - section 29.
Transitional provisions
Constitutional Court Rule - 34.
Constitutional court
Constitutional law
Custody and punishment for contempt of court
Magistrates’ courts Act - Section 108.
Penalty for disobedience of judgment or order of court
Magistrates’ courts Act - Section 106.
Contempt of court
Cession of costs
Magistrates’ courts Act - Section 49.
Costs
Magistrates’ courts rules
Magistrates’ courts rules
Magistrates’ courts Act - Chapter X:
Costs of application for administration order
Magistrates’ courts Act - Section 74O.
Costs to be in accordance with scale and to be taxed
Magistrates’ courts Act - Section 80.
Order as to costs relating to certain proceedings
Magistrates’ courts Act - Section 65K.
Recovery of costs of letter of demand
Magistrates’ courts Act - Section 56.
Costs
Assessors
Magistrates’ courts rules
Circuit Court
Criminal Appeals
Magistrates’ courts Act - Chapter XVI:
Magistrates’ courts rules
Criminal jurisdiction
Magistrates’ courts Act - Chapter XII:
Criminal Jurisdiction of Periodical Court
Magistrates’ courts Act - Section 91.
Criminal matters
Magistrates’ courts Act - Part III
Criminal Record Book
Magistrates’ courts rules
General
Limits Of Jurisdiction In The Matter Of Punishments
Magistrates’ courts Act - Section 92.
Procedure For Securing The Attendance Of Witnesses In Criminal Cases
Magistrates’ courts rules
Provincial And Local Divisions
Criminal Proceedings
Appointment of Curators in Respect of Persons under Disability and Release from Curatorship
Curator ad litem
Curators
In the High Court
Judgment by default
Magistrates’ courts rules
Non - appearance of a party - withdrawal and dismissal
Magistrates’ courts rules
Default judgment
In the High Court
Judgment by default
Magistrates’ courts rules
Non - appearance of a party - withdrawal and dismissal
Magistrates’ courts rules
Default judgment
Constitutional Court
Constitutional Court Rule - 1.
High Court
Superior Courts Act, 10 of 2013 - section 1.
Magistrates’ courts rules
Magistrates’ courts rules
Supreme Court of Appeal
Supreme Court of Appeal Rule - 1.
Magistrates’ courts Act - Section 55.
Magistrates’ courts Act - Section 61.
Magistrates’ courts Act - Section 1.
Definitions
Discontinuance
Interim relief in matrimonial matters
Magistrates’ courts rules
Divorce Actions
Amendment
of documents
of pleadings
Magistrates’ courts rules
of summons
Magistrates’ courts rules
Authentication of Documents Executed Outside the Republic for Use Within the Republic
Claims in reconvention
Magistrates’ courts rules
Custody of civil summonses and returns thereto
Magistrates’ courts Act - Section 7A.
Declaration
Magistrates’ courts rules
Delivery of documents and notices
Destruction of Documents
Discovery, Inspection and Production of Documents
Discovery of documents
Magistrates’ courts rules
Documents lodged to canvass factual material in the Constitutional Court
Constitutional Court Rule - 31.
Edictal citation and substituted service
Magistrates’ courts rules
Electronic transmission of summonses, writs and other process
Superior Courts Act, 10 of 2013 - section 44.
Filing, Preparation and Inspection of Documents
Magistrates’ courts rules
Format of documents in the Constitutional Court
Constitutional Court Rule - 28.
Further particulars
Magistrates’ courts rules
Heads of Argument in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 10.
Notice of intention to defend
Magistrates’ courts rules
Plea
Magistrates’ courts rules
Plea in Reconvention
Magistrates’ courts rules
Replication
Magistrates’ courts rules
Service
Service of process, notices and other documents
Magistrates’ courts rules
Sheriffs
Electronic transmission of summonses, writs and other process
Superior Courts Act, 10 of 2013 - section 44.
Summons
Magistrates’ courts rules
Sworn Translators
Translation of Documents
Documents
Magistrates’ courts rules
Enforcement of foreign civil judgment
Administration of oath or affirmation
Magistrates’ courts Act - Section 112.
Certified copies of court records admissible as evidence
Superior Courts Act, 10 of 2013 - section 34.
Commissions de bene esse
Magistrates’ courts Act - Section 53.
Confidentiality and admissibility
Magistrates’ courts rules
Documents
Manner in which witness may be dealt with on refusal to give evidence or produce documents
Superior Courts Act, 10 of 2013 - section 36.
Intermediaries
Evidence through intermediaries in proceedings other than criminal proceedings
Superior Courts Act, 10 of 2013 - section 37A.
Oath and competency of intermediaries.
Superior Courts Act, 10 of 2013 - section 37B.
Interrogatories
Examination by interrogatories
Superior Courts Act, 10 of 2013 - section 39.
In the Magistrates’ courts
Magistrates’ courts Act - Section 52.
Medical examinations, inspection of things, expert testimony and tendering in evidence any plan, diagram, model or photograph
Magistrates’ courts rules
Models, diagrams and exhibits in the Constitutional Court
Constitutional Court Rule - 26.
Modes of procuring attendance of witnesses and penalty for non-attendance
Magistrates’ courts Act - Section 51.
Procedure for securing the attendance of witnesses in criminal cases
Magistrates’ courts rules
Records, entries or documents as evidence in civil matters
Magistrates’ courts rules
Witness fees
Magistrates’ courts Act - Section 51bis.
Witnesses
Audiovisual
Evidence through remote audiovisual link in proceedings other than criminal proceedings
Superior Courts Act, 10 of 2013 - section 37C.
Magistrates’ courts Act - Chapter VII
Manner in which witness may be dealt with on refusal to give evidence or produce documents
Superior Courts Act, 10 of 2013 - section 36.
Witness fees
Superior Courts Act, 10 of 2013 - section 37.
Evidence
Against residential immovable property
Magistrates’ courts rules
Applications in terms of sections 57 and 58 of the Act
Magistrates’ courts rules
Attachment of a debt by garnishee order
Magistrates’ courts rules
Attachment of debts
Magistrates’ courts Act - Section 72.
Attachment of emoluments by emoluments attachment order
Magistrates’ courts rules
Attachment of property in security of rent
Magistrates’ courts Act - Section 32.
Attachment to found or confirm jurisdiction
Magistrates’ courts Act - Section 30bis.
Authorising the issue of emoluments attachment order or garnishee order
Magistrates’ courts Act - Section 74D.
Constitutional Court
Execution: Section 3 of the Constitutional Court Complementary Act, 1995 (Act No. 13 of 1995)
Constitutional Court Rule - 33.
Determination of judgment debtor's financial position
Magistrates’ courts Act - Section 65D.
Duration of writs of execution
Emoluments attachment orders
Magistrates’ courts Act - Section 65J.
Enforcement of certain judgments of division of High Court or court for regional division
Magistrates’ courts Act - Section 65M.
Enforcement of foreign civil judgment
Magistrates’ courts rules
Enquiry into financial position of judgment debtor
Magistrates’ courts rules
Generally
Magistrates’ courts Act - Chapter IX:
Execution against a partnership
Magistrates’ courts rules
Execution against immovable property
Magistrates’ courts rules
Execution against movable property
Magistrates’ courts rules
Execution against movable property (continued)
Magistrates’ courts rules
Execution against residential immovable property
Magistrates’ courts rules
Execution in case of judgment debt ceded
Magistrates’ courts Act - Section 64.
Execution of judgment of court of appeal
Magistrates’ courts Act - Section 88.
Execution of sentences
Magistrates’ courts Act - Chapter XV:
Execution or payment is discharged pro tanto
Magistrates’ courts Act - Section 76.
Execution to be issued within three years
Magistrates’ courts Act - Section 63.
Factors to be taken into account when considering an order which is just and equitable
Magistrates’ courts Act - Section 55A.
General and Movables
General provisions regarding execution
Magistrates’ courts rules
Immovable Property
Judgment debtor to inform court of his address
Magistrates’ courts Act - Section 109.
List of creditors and debts and additions thereto
Magistrates’ courts Act - Section 74G.
Manner of execution
Magistrates’ courts Act - Section 66.
Movable property which messenger cannot dispose of in terms of this Act, shall be sold by public auction
Magistrates’ courts Act - Section 71A.
Notice to judgment debtor if judgment remains unsatisfied
Magistrates’ courts Act - Section 65A.
Offence by employer
Magistrates’ courts Act - Section 106B.
Offence by garnishee
Magistrates’ courts Act - Section 106A.
Offences relating to execution
Magistrates’ courts Act - Section 107.
Superior Courts Act, 10 of 2013 - section 46.
Offences relating to judgments, emoluments attachment orders and instalment orders
Magistrates’ courts Act - Section 106C.
Offer by judgment debtor after judgment
Magistrates’ courts Act - Section 65.
Person who has made a nulla bona return not to incur debts
Magistrates’ courts Act - Section 79.
Postponement of proceedings pending execution
Magistrates’ courts Act - Section 65E.
Power to grant or set aside a warrant
Magistrates’ courts Act - Section 62.
Process in execution
Magistrates’ courts rules
Property executable
Magistrates’ courts Act - Section 68.
Property exempt from execution
Magistrates’ courts Act - Section 67.
Property not liable to be seized in execution
Superior Courts Act, 10 of 2013 - section 45.
Review of conditions of sale of immovable property to be sold in execution of a Supreme Court judgment
Magistrates’ courts Act - Section 75bis.
Sale in execution gives good title
Magistrates’ courts Act - Section 70.
Saving of existing laws prohibiting attachment
Magistrates’ courts Act - Section 77.
Scope and execution of process
Superior Courts Act, 10 of 2013 - section 42.
Second or further warrants or emoluments attachment orders or garnishee orders
Magistrates’ courts rules
Security by execution creditor
Magistrates’ courts rules
Surplus after execution
Magistrates’ courts Act - Section 71.
Suspension of execution of debt
Magistrates’ courts Act - Section 73.
Execution
Non - compliance with rules and court orders, including time limits and errors
Magistrates’ courts rules
Extension of time
Advocates’ fees in civil matters in the provincial and local divisions of the Supreme Court
Attorneys’ Fees in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 18.
of the Constitutional Court
Constitutional Court Rule - 23.
Of the high court
of the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 19.
Tariff of fees and allowances for intermediaries in proceedings other than criminal proceedings
Tariff of fees and allowances for intermediaries in proceedings other than criminal proceedings
Magistrates’ courts rules
Taxation and Tariff of Fees of Attorneys
Fees
Actions by and against partners, a person carrying on business in a name or style other than his or her own name, an unincorporated company, syndicate or association
Magistrates' courts rules
Proceedings by and against
Firms
Attachment to found jurisdiction
Prohibition on attachment to found jurisdiction within Republic
Superior Courts Act, 10 of 2013 - section 28.
Circuit Courts
Superior Courts Act, 10 of 2013 - section 7.
Criminal Proceedings
Disposal of records and execution of judgments of Circuit Courts
Superior Courts Act, 10 of 2013 - section 26.
Commissioners of the Court
Constitution of High Court of South Africa
Superior Courts Act, 10 of 2013 - section 6.
Default Judgment
Judgment by default
Superior Courts Act, 10 of 2013 - section 23.
Judgment on confession
Evidence
witnesses
Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
Superior Courts Act, 10 of 2013 - section 35.
Documents
Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
Superior Courts Act, 10 of 2013 - section 35.
Existing High Courts
Superior Courts Act, 10 of 2013 - section 50.
Manner of arriving at decisions by Divisions
Superior Courts Act, 10 of 2013 - section 14.
Notice of intention to defend
Time allowed for appearance
Superior Courts Act, 10 of 2013 - section 24.
Persons over whom and matters in relation to which Divisions have jurisdiction
Superior Courts Act, 10 of 2013 - section 21.
Rescission
Rescission of judgment with consent of plaintiff or where judgment debt has been paid
Superior Courts Act, 10 of 2013 - section 23A.
Rescission of judgments
Variation and Rescission of Orders
Rules of Supreme Court of Appeal and High Court
Superior Courts Act, 10 of 2013 - section 30.
Security for costs
Circumstances in which security for costs shall not be required
Superior Courts Act, 10 of 2013 - section 25.
Transfer of matters
between divisions of the high court
Removal of proceedings from one Division to another or from one seat to another in same Division
Superior Courts Act, 10 of 2013 - section 27.
Reference of particular matters for investigation by referee
Superior Courts Act, 10 of 2013 - section 38.
High Court
Arrests and interdicts
Magistrates’ courts Act - Section 30.
Automatic rent interdict
Magistrates’ courts Act - Section 31.
Interdicts
Interim Payments
Interim relief in matrimonial matters
Interpleader claims in the Magistrates’ courts
Magistrates’ courts Act - Section 69.
Magistrates’ courts rules
Interpleader
Interpleader claims in the Magistrates’ courts
Magistrates’ courts Act - Section 69.
Magistrates’ courts rules
Interpleader
Interpretation of Evidence
Irregular Proceedings
Intervention, joinder and consolidation of actions
Magistrates’ courts rules
Joinder of Parties and Causes of Action
Joinder of provincial or national executive authorities and service on Rules Board for Courts of Law
Acting judges of Superior Courts
Superior Courts Act, 10 of 2013 - section 48.
Administration
Appointment of officers and staff
Superior Courts Act, 10 of 2013 - section 11.
Issuing of summons or subpoena in civil proceedings against judge
Superior Courts Act, 10 of 2013 - section 47.
Judicial management of judicial functions
Superior Courts Act, 10 of 2013 - section 8.
Judges
Judicial Case Management and pre - trial Conference
Magistrates’ courts rules
Judicial Case Management
Area of jurisdiction
Magistrates’ courts Act - Section 26.
Civil jurisdiction
Magistrates’ courts Act - Chapter VI
Counterclaim exceeding jurisdiction
Magistrates’ courts Act - Section 47.
Criminal jurisdiction
Magistrates’ courts Act - Chapter XII:
Criminal jurisdiction of periodical court
Magistrates’ courts Act - Section 91.
Deduction of admitted debt
Magistrates’ courts Act - Section 39.
Incidental jurisdiction
Magistrates’ courts Act - Section 37.
Jurisdiction by consent of parties
Magistrates’ courts Act - Section 45.
Jurisdiction cumulative
Magistrates’ courts Act - Section 43.
Jurisdiction in periodical courts
Magistrates’ courts Act - Section 27.
Jurisdiction in respect of appeals against decisions of Black chiefs, headmen and chiefs' deputies
Magistrates’ courts Act - Section 29A.
Jurisdiction in respect of causes of action
Magistrates’ courts Act - Section 29.
Jurisdiction in respect of offences
Magistrates’ courts Act - Section 89.
Jurisdiction in respect of persons
Magistrates’ courts Act - Section 28.
Jurisdiction to decide disputes arising out of garnishee orders
Magistrates’ courts Act - Section 75.
Limits of jurisdiction in the matter of punishments
Magistrates’ courts Act - Section 92.
Local limits of jurisdiction
Magistrates’ courts Act - Section 90.
Matters beyond the jurisdiction
Magistrates’ courts Act - Section 46.
Splitting of claims disallowed
Magistrates’ courts Act - Section 40.
Jurisdiction
Laws amended
Laws amended
Laws repealed
Superior Courts Act, 10 of 2013 - section Schedule 1:
Laws repealed
Magistrates’ courts Act - Section 116.
Laws repealed
Magistrates’ courts Act - Schedule
Repeal of rules and transitional provisions
Magistrates’ courts rules
Laws repealed
In Forma Pauperis in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 15.
Legal assistance to indigent persons
Pro Deo Applicants
Magistrates’ courts rules
Legal assistance to indigent persons (In forma pauperis)
Advocates and attorneys
Magistrates’ courts Act - Section 20.
Agents
Magistrates’ courts Act - Section 22.
Authorisation to act
in the Constitutional Court
Constitutional Court Rule - 9.
Candidate attorneys
Magistrates’ courts Act - Section 21.
Misconduct of practitioners
Magistrates’ courts Act - Section 23.
Notice of withdrawal, appointment or substitution as attorney of record
Magistrates’ courts rules
Power of attorney
in the Constitutional Court
Constitutional Court Rule - 9.
In the High Court
required for the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 5.
Practitioners
Magistrates’ courts Act - Chapter IV
Prohibition of recovery of fees or remuneration by certain persons in connection with the collection of debts
Magistrates’ courts Act - Section 60.
Representation and substitution of parties
Magistrates’ courts rules
Representation of parties
In the High Court
Legal Practitioners
Appointment of judicial officers
Magistrates’ courts Act - Section 9.
Before whom courts to be held
Magistrates’ courts Act - Section 8.
Existing judicial officers to continue in office
Magistrates’ courts Act - Section 11.
Judicial officers
Magistrates’ courts Act - Chapter II
Magistrate may be assisted by assessors
Magistrates’ courts Act - Section 93ter.
Officers appointed previously to remain in office
Magistrates’ courts Act - Section 19.
Officers of the court
Magistrates’ courts Act - Chapter III
Powers of judicial officers
Magistrates’ courts Act - Section 12.
Qualifications for appointment of judicial officers
Magistrates’ courts Act - Section 10.
Magistrates
Annulment of marriages
Divorce Actions
Interim relief in matrimonial matters
Magistrates’ courts rules
Matrimonial Matters
In the High Court
Conclusion of mediation
Magistrates’ courts rules
Confidentiality and admissibility
Magistrates’ courts rules
Costs
Magistrates’ courts rules
Definitions
Magistrates’ courts rules
Fees of mediator
Magistrates’ courts rules
Multiple parties and issues
Magistrates’ courts rules
Notice agreeing to or opposing mediation
Magistrates’ courts rules
Referral to mediation
Magistrates’ courts rules
Time limits
Magistrates’ courts rules
Mediation as a dispute resolution mechanism
In the Constitutional Court
Constitutional Court Rule - 32.
In the high court
in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 11A.
Non - compliance with rules and court orders, including time limits and errors
Magistrates’ courts rules
Non-compliance with Rules and Court Orders (See also: contempt of court)
Objects and interpretation of The Superior Courts Act
Actions by and against partners, a person carrying on business in a name or style other than his or her own name, an unincorporated company, syndicate or association
Magistrates’ courts rules
Amici curiae
in the Constitutional Court
Constitutional Court Rule - 10.
Submissions
In the High Court
in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 16.
Appointment of Curators in Respect of Persons under Disability and Release from Curatorship
Attachment of property to found or confirm jurisdiction
Magistrates’ courts rules
Authorisation to act
in the Constitutional Court
Constitutional Court Rule - 9.
Change of Parties
In the Constitutional Court
Constitutional Court Rule - 7.
In the high court
Edictal citation and substituted service
Magistrates’ courts rules
Intervention
As plaintiff or defendant
of Parties in the proceedings in the Constitutional Court
Constitutional Court Rule - 8.
Intervention, joinder and consolidation of actions
Magistrates’ courts rules
Joinder of defendants
Magistrates’ courts Act - Section 42.
Joinder of Organs of State in the Constitutional Court
Constitutional Court Rule - 5.
Joinder of Parties and Causes of Action
Joinder of plaintiffs
Magistrates’ courts Act - Section 41.
Joinder of provincial or national executive authorities and service on Rules Board for Courts of Law
Judges
Issuing of summons or subpoena in civil proceedings against judge
Superior Courts Act, 10 of 2013 - section 47.
Legal assistance to indigent persons
In Forma Pauperis in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 15.
In the High Court
Meeting between parties to prepare for pre - trial conference or trial
Magistrates’ courts rules
Multiple parties and issues
Magistrates’ courts rules
Non - appearance of a party - withdrawal and dismissal
Magistrates’ courts rules
Notice of withdrawal, appointment or substitution as attorney of record
Magistrates’ courts rules
Persons over whom and matters in relation to which Divisions have jurisdiction
Superior Courts Act, 10 of 2013 - section 21
Power of attorney
in the Constitutional Court
Constitutional Court Rule - 9.
In the High Court
required for the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 5.
Pro Deo Applicants
Magistrates’ courts rules
Proceedings by and against Partnerships, Firms and Associations
Representation and substitution of parties
Magistrates’ courts rules
Representation of Parties
in the Constitutional Court
Constitutional Court Rule - 6.
In the High Court
Submissions by an amicus curiae
Third Party Procedure
Magistrates’ courts rules
Parties
Proceedings by and against
Actions by and against partners, a person carrying on business in a name or style other than his or her own name, an unincorporated company, syndicate or association
Magistrates’ courts rules
Partnerships
Amendment of pleadings
Magistrates’ courts rules
Claim in Reconvention
Magistrates’ courts rules
Close of Pleadings
Magistrates’ courts rules
Declaration
Magistrates’ courts rules
Edictal Citation
Magistrates’ courts rules
Exceptions and Applications to Strike Out
Magistrates’ courts rules
Failure to deliver pleadings - barring
Magistrates’ courts rules
Further Particulars
Magistrates’ courts rules
Interpleader
Magistrates’ courts rules
Notice of Intention to Defend
Magistrates’ courts rules
Plea
Magistrates’ courts rules
Plea in Reconvention
Magistrates’ courts rules
Replication
Magistrates’ courts rules
Rules relating to Pleading generally
Magistrates’ courts rules
Summons
Magistrates’ courts rules
Pleadings
Postponement/Adjournments
in the Constitutional Court
Constitutional Court Rule - 9.
In the High Court
required for the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 5.
Power of Attorney
Actions by and against partners, a person carrying on business in a name or style other than his or her own name, an unincorporated company, syndicate or association
Magistrates’ courts rules
Proceedings by and against Partnerships, Firms and Associations
Provisional Sentence
Transfer of matters
Reference of particular matters for investigation by referee
Superior Courts Act, 10 of 2013 - section 38.
Referral of particular matters for investigation by referee
Referee
References in other laws
Regulations
Removal of bar
Laws
Repeal and amendment of laws
Superior Courts Act, 10 of 2013 - section 55.
Rules
Constitutional Court rules
Constitutional Court Rule - 35.
In the High Court
Supreme Court of Appeal Rules.
Supreme Court of Appeal Rule - 20.
Repeal and amendment of laws
Representation of parties
Execution or suspension in case of appeal, etc.
Magistrates’ courts Act - Section 78.
of judgments
Rescission and variation of judgments
Magistrates’ courts rules
Rescission of Orders
What judgments may be rescinded
Magistrates’ courts Act - Section 36.
with consent of plaintiff or where judgment debt has been paid
Superior Courts Act, 10 of 2013 - section 23A.
Rescission
APPEAL AND REVIEW
Magistrates’ courts Act - Chapter XI
Magistrates’ courts Act - Chapter XIV
Magistrates Courts
Grounds for review of proceedings of Magistrates’ Court
Superior Courts Act, 10 of 2013 - section 22.
Review
Review of Taxation
Magistrates’ courts rules
Security in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 9.
Security for costs
Edictal citation and substituted service
Magistrates’ courts rules
Service of process by the police
Magistrates’ courts Act - Section 15.
Service of process, notices and other documents
Magistrates’ courts rules
Service
In the High Court
in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 16A.
Offer to Settle – High Court
In the Magistrates court
Offer to settle
Magistrates’ courts rules
Withdrawal, dismissal and settlement
Magistrates’ courts rules
Settlement
Execution
Execution of process by sheriff
Superior Courts Act, 10 of 2013 - section 43.
Fees of the sheriff
Magistrates’ courts rules
Messengers' duties respecting detention of persons by order of court
Magistrates’ courts Act - Section 16.
Messengers of the court
Magistrates’ courts Act - Section 14.
Messengers' return to be evidence
Magistrates’ courts Act - Section 17.
Sheriff of the court
Magistrates’ courts rules
Tariff for Sheriffs
Sheriff/messengers of the court
Consent to judgment or to judgment and an order for payment of judgment debt in instalments
Magistrates’ courts Act - Section 58.
Default judgement
In the High Court
Judgment by consent
Magistrates’ courts rules
Judgment by default
Magistrates’ courts rules
Provisional sentence
In the High Court
Magistrates’ courts rules
Summary judgment
In the High Court
Magistrates’ courts rules
Short cuts to judgment
Summary Judgment
Against a judge
Superior Courts Act, 10 of 2013 - section 47.
Amendment of summons
Magistrates’ courts rules
Custody of civil summonses and returns thereto
Magistrates’ courts Act - Section 7A.
In the High Court
Magistrates’ courts rules
Summons
Constitution and seat of Supreme Court of Appeal
Superior Courts Act, 10 of 2013 - section 5.
Criminal Appeals to the Supreme Court of Appeal
Manner of arriving at decisions by Supreme Court of Appeal
Superior Courts Act, 10 of 2013 - section 13.
Powers of the Supreme Court of Appeal President or the Court.
Supreme Court of Appeal Rule - 11.
Rules of Supreme Court of Appeal and High Court
Superior Courts Act, 10 of 2013 - section 30.
Supreme Court of Appeal
Suspension of orders
Sworn Translators
of costs and attorneys' fees in the Constitutional Court
Constitutional Court Rule - 22.
of Costs in the Supreme Court of Appeal.
Supreme Court of Appeal Rule - 17.
of Fees of Attorneys in the High Court
Review of Taxation
In the High Court
Magistrates’ courts rules
Tariff
of fees and allowances for intermediaries in proceedings other than criminal proceedings in the High Court
of Fees of Attorneys in the High Court
Tariff of fees and allowances for intermediaries in proceedings other than criminal proceedings
Magistrates’ courts rules
Tariff of High Court Fees
Taxation
Removal of actions from court to provincial or local division
Magistrates’ courts Act - Section 50.
Transfer from one court to another
Magistrates’ courts Act - Section 35.
Transfer of matters
Rescission and variation of judgments
Magistrates’ courts rules
Execution or suspension in case of appeal, etc.
Magistrates’ courts Act - Section 78.
Variation of Orders
in the Constitutional Court
Constitutional Court Rule - 27.
In the High Court
In the Magistrates’ courts
Non - appearance of a party - withdrawal and dismissal
Magistrates’ courts rules
Withdrawal, dismissal and settlement
Magistrates’ courts rules
in the Supreme Court of Appeal
Supreme Court of Appeal Rule - 16A.