On 8 March 2024 several changes to the Magistrates' Court rules were published in the Gazette. These will come into effect on 12 April 2024.
The gazette can be accessed on the Government Printing Works sharepoint, the PDF itself or on African Gazettes.
The changes are as follows:
Rules affected: | 9 - Service of process, notice and other documents; 33 - Costs; 41 - Execution against movable property; 43 - Execution against immovable property; 51 - Appeals in Civil cases; Part I of Table A to annexure 2; Part II of Table C of Annexure 2. |
Rules introduced: | No new rules were promulgated. |
Rules repealed: | No rules are to be repealed. |
Key Changes
Rule 9 - service on a domicilium address:
Under its current form, rule 9(3)(d) of the Magistrates' Courts rules provides for service on a domicilium address as follows:
"if the person so to be served has chosen a domicilium citandi, by delivering a copy thereof at the domicilium so chosen: Provided that the sheriff shall set out in the return of service the details of the manner and circumstances under which such service was effected"
In its amended form the rule will require more than mere delivery at the domicilium address, it will be necessary for the sheriff to serve, where possible:
"by delivering a copy of the process to a responsible person apparently not less than 16 years of age".
Rule 41(18)(c), (b) and (c) - attachment of movable property and associated amendments
References to the Sheriff "detaining" property are amended to reflect "retain". Consistent with other amendments, the word "shall" is substituted with "must" and the time period that the sheriff may retain moveable property under attachment is increased from four to six months, unless a sale in execution is pending.
Rule 41(19)(a)(i) - conduct of auctions for movable property
The amended rule will now make provision for auctions to be conducted via an electronic platform simultaneously with the physical auction, and for auctions to be conducted in accordance with the Consumer Protection Act, 2008.
Sub rule 41(19)(b) will further now provide that if an auction is conducted via an electronic platform the notice of sale must comply with section 45 of the Consumer Protection Act.
Rule 43(7)(a) - conduct of auctions for immovable property
The amendment here introduces two new sub-paragraphs to be numbered (i) and (ii), these are similar to those for movable property and allow for auctions to be held electronically, simultaneously with the physical auction, and for these auctions to also be governed by the provisions of section 45 of the Consumer Protection Act.
Rule 51(3), (4) and (5) - Noting of and prosecuting civil appeals
Sub rule (3) now specifies that an appeal is noted by the delivery of of a notice (previously provided for in sub rule (4)). With sub rule (4) being substantially amended, most particularly with regard to the provision of security for the appeal (no longer to be R 1 000,00, but an amount, seemingly on reading sub rule b, to be agreed on between the parties or fixed by the registrar) and restructured into two sub paragraphs to be numbered (a) and (b), and to provide as follows:
4(a) Unless the respondent waives his or her right to security or the court subsequently on application to it has released the appellant wholly or partially from that obligation, the appellant shall, before lodging copies of the record on appeal with the registrar or clerk of the court, enter good and sufficient security for the respondent's costs of appeal.
(b) In the event of failure by the parties to agree on the amount of security, the registrar or clerk of the court shall fix the amount and the appellant shall enter security in the amount so fixed or such percentage thereof as the court has determined, as the case may be: Provided that no security shall be required from the State or, unless the court of appeal otherwise orders, from a person to whom legal aid is rendered by a statutorily established legal aid board.
Part I of Table A of Annexure 2 to the Rules
The gazette provides that a new item, to be numbered 19 is to be inserted after the existing item 18: "The fees in Part IV shall be increased by 15% in accordance with any costs order made in terms of rule 33(1)(b) and as allowed at taxation."
Part II of Table C of Annexure 2 to the Rules
Item 6 is to be substituted with the following:
“(6)
(a) Making an inventory, including the making of all necessary copies and time spent on stock-taking: R45,00 per half-hour or part thereof.
(b) For assistance, if necessary, with the making of an inventory, R45,00 per half hour or part thereof
(c) For the attendances referred to in rule 41(11): R52,50."
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