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New Limits for Civil Actions in Magistrates' Courts

Department of Justice and Constitutional Development

New monetary thresholds for civil actions in the regional divisions of the magistrates’ courts have been published in Government Gazette 37477.

The amounts are published in terms of the Magistrates’ Courts Act of 1944.

The amended sections are:

•    Section 29(1)(a) actions for the delivery or transfer of any property, movable or immovable;
•    Section 29(1)(b) actions of ejectment;
•    Section 29(1)(d) actions on or arising out of a liquid document or a mortgage bond;
•    Section 29(1)(e) actions on or arising out of a credit agreement as defined in section 1 of the National Credit Act, 2005 (Act No. 35 of 2005);
•    Section 29(1)(f) actions in terms of section 16(1) of the Matrimonial Property Act, 1984 (Act No 88 of 1984); and
•    Section 29(1)(g) actions other than those already mentioned in section 29(1).

In all sections the new amount stands at R200 000 and above up to R400 000.

The previous limit was above R100 000 to R300 000.

Changes have also been introduced, in the same Gazette, to the thresholds at courts for districts.

The limit that can be claimed for movable or immovable property has been set at R200 000.

The same amount applies to actions of ejectment against the occupier of any premises or land within the district.

Both sets of new amounts apply from 1 June 2014.

Sabinet Cape Town Office

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