Department of Justice and Constitutional Development
The justice and constitutional development department has published an amendment to the rules of court of magistrates’ courts in the Government Gazette.
The rules of court were published in August 2010 in accordance with section 6 of the Rules Board for Courts of Law Act.
According to the department, the rules were designed to promote access to the courts.
They are also intended to bring about the swift handing of disputes at the least possible cost.
The rules came into effect on 15 October 2010.
Some of the issues covered in the rules include:
• Summons
• Pleadings
• Sheriff of the court
• Judgement by consent
• Plea
• Offer to settle
• Set down of trial
• Third party procedure
• Review of taxation
• Repeal of rules
The amendments focus on a substitution of rule 69 that deals with the repeal of rules and transitional provisions.
Sub-rules 3 and 4 are introduced.
Sub-rule 2 declares that the rules apply to all proceedings instituted on or after the date of commencement.
Sub-rule 3 states that the rules shall also apply to proceedings initiated before 15 October 2010 unless a party would be prejudiced or an agreement is reached between parties that the rules in force at the time shall apply.
In cases where a dispute prevails or no agreement can be reached, a party can approach the court to make a ruling.
The amendments are to come into effect on 3 February 2012.
Sabinet Cape Town Office
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