Rules Board for Courts of Law

REQUEST FOR COMMENT: PROPOSED AMENDMENTS TO MAGISTRATES' COURTS RULE 31: ADJOURNMENT AND POSTPONEMENT

Rules Board for Courts of Law ("Rules Board") received submissions proposing the insertion into the Magistrates' Courts Rules (MCRs) of a provision equivalent to Rule 27(4) of the Uniform Rules of Court (URC), which provides for the revival of a rule nisi. The submissions indicated that, in terms of URC 27(4), a rule nisi may be revived, whereas the MCRs contain no similar provision, resulting in a lacuna.

Comments must be submitted on or before 30 September 2026.

Comments/submissions can be sent by hand delivery or e-mail as follows:

PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.

E-MAIL: Ms. Zintle Mbombo (ZMbombo@justice.gov.za)

Dated: 20 July 2026

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REQUEST FOR COMMENT: POSSIBLE AMENDMENTS TO MAGISTRATES' COURTS RULE 51 (APPEALS IN CIVIL CASES)

In the course of rules review the Rules Board for Courts of Law ("Rules Board") has considered that there is an apparent duplication of the provisions in MCR 51 with regards to civil appeals and reasons in writing in that sub-rule (1) is duplicated in sub-rule (8).

Sub-rule (1) of MCR 51 reads:
"(1) Upon a request in writing using the conventional method or the e-justice system in courts, where operational by any party within 10 days after judgment and before noting an appeal the judicial officer shall within 15 days hand to the registrar or clerk of the court a judgment in writing which shall become part of the record showing—
(a) the facts he or she found to be proved; and
(b) his or her reasons for judgment."

Sub-rule (8) of MCR 51 reads:
"(8) (a) Upon the delivery of a notice of appeal the relevant judicial officer shall within 15 days thereafter hand to the registrar or clerk of the court a statement in writing showing (so far as may be necessary having regard to any judgment in writing already handed in by him or her)—
(i) the facts he or she found to be proved;
(ii) the grounds upon which he or she arrived at any finding of fact specified in the notice of appeal as appealed against; and
(iii) his or her reasons for any ruling of law or for the admission or rejection of any evidence so specified as appealed against.
(b) A statement referred to in paragraph (a) shall become part of the record.
(c) This rule shall also, so far as may be necessary, apply to a cross-appeal."

Comments must be submitted on or before 31 August 2026.

Comments/submissions can be sent by hand delivery or e-mail as follows:

PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.

E-MAIL: Ms. Zintle Mbombo (ZMbombo@justice.gov.za)

Dated: 03 July 2026