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Rules Board for Courts of Law
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PROPOSED AMENDMENTS TO UNIFORM RULE 70(5)(b)
The Rules Board for Courts of Law (“Rules Board”) has considered amending Uniform Rule 70(5) for the reasons hereinafter indicated.
In terms of a representation submitted to the Rules Board a representor indicated that when the new tariff structure for party and party recovery for attorneys was introduced in 1996 to Uniform Rule 70, Uniform Rule 70(5)(b) was not updated in line with the new tariff structure and still referred to tariff items that no longer existed or referred to items in the tariff that were not intended to be departed from.
The Rules Board having considered the representation and examined the relevant tariff provisions, contemplated whether Uniform Rule 70(5)(b) should be amended to be rendered neutral in respect of references to tariff items as was the case in the repealed ‘Note II’ in Supreme Court of Appeal Rule 18. Before embarking on the amendment, the Rules Board sought comments from role-players on the potential amendment as indicated above.
The Rules Board has considered the comments received in respect of the aforementioned role-players’ consultation and is proposing to amend Uniform Rule 70(5) by omitting the listing of specific tariff items from the tariff in Uniform Rule 70.
Comments in respect of the amendments to Uniform Rule 70(5)(a) were sought, considered and finalized by the Board earlier this year but since paragraphs (a) and (b) of subrule (5) are proposed to be combined to accommodate the deletion of the reference to the items in paragraph (b), the entirety of the amendments to subrule (5) are reflected.
As part of its consultative process, the Rules Board hereby invites your comments on the proposed amendments, for submission to the Secretariat by no later than 21 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: TRamantsi@justice.gov.za
Enquiries may also be directed to Mrs. C. Kemp via email at ChKemp@justice.gov.za.
Dated: 17 December 2024
The Rules Board for Courts of Law (“Rules Board”) has embarked on a review of Part II of Table B of Annexure 2 to the Magistrates Courts’ Rules (“Part II”). Part II provides for the recovery of party and party costs in respect of proceedings in terms of section 72 of the Magistrates Courts’ Act, 1944 (Act 32 of 1944).
The review focused on the following:
(a) Evaluation and updating of outdated legislation (where applicable);
(b) Assessment of relevance, suitability and practicality of the tariff provisions and fees; and
(c) Alignment of the Tariff to the Magistrates Courts’ Act, 1944 and the Magistrates Courts’ Rules (where applicable).
As part of its consultative process, the Rules Board hereby invites your comments on the proposed amendments, for submission to the Secretariat by no later than 21 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: TRamantsi@justice.gov.za
Enquiries may also be directed to Mrs. C. Kemp via email at ChKemp@justice.gov.za.
Dated: 17 December 2024
INVITATION TO SUBMIT COMMENTS ON THE PROPOSED AMENDMENTS TO RULE 1 OF THE UNIFORM RULES OF COURT AND RULE 2 OF THE MAGISTRATES’ COURTS RULES – (DEFINITIONS)
The purpose of the attached letter is to invite comments on the proposed amendments to rule 1 of the Uniform Rules of Court (URC) and rule 2 of the Magistrates’ Courts Rules (MCRs).
Arising from a representation received, the Rules Board for Courts of Law (Rules Board) has considered reviewing rule 1 of the URC and rule 2 of the MCRs, which regulates definitions. The proposed amendments are aimed at inserting and defining the word “affidavit” in the rules.
Regarding the insertion of the word “affidavit” in the definition section of the rules, the Rules Board is submitting two formulations for consideration and further comments. Furthermore, you are requested to indicate which one of the two formulations is preferable while commenting about the insertion and definition of the word “affidavit” in the rules.
As part of its consultative process, the Rules Board hereby invites your comments on the proposed amendments, for submission to the Secretariat by no later than 28 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL:
- For comments on rule 1 of the Uniform Rules of Court [Annexure A], please email to Mr. Musawenkosi Cele (MuCele@justice.gov.za).
- For comments on rule 2 of the Magistrates’ Courts Rules [Annexure B], please email to Ms. Zintle Mbombo ( ZMbombo@justice.gov.za) .
Alternatively, all the comments can be emailed to either Mr. Musawenkosi Cele (MuCele@justice.gov.za) or Ms. Zintle Mbombo (ZMbombo@justice.gov.za) / both.
Dated: 13 December 2024
The Rules Board for Courts of Law is proposing an amendment to item 36(b) of Part II of Table C of Annexure 2 to the Magistrates Courts’ Rules (“item 36(b)”) to remove the reference to the phrase “prisoners’ friend”.
The review of item 36(b) is informed by the Rules Board’s mandate in terms of section 6(1) of the Rules Board for Courts of Law Act, 1985, (Act No. 107 of 1985) to review inter alia the rules/tariffs for the Magistrates’ Courts.
Item 36(b) provides a tariff fee for the handing over of a judgment debtor to the South African Police Service, prisoners’ friend, clerk of the court or other lawful place of detention.
It appears that the reference to and concept of a “prisoner’s friend” is archaic and is no longer relevant in respect of section 65 proceedings. The Rules Board is therefore proposing that the phrase “prisoner’s friend” should be deleted from item 36(b).
Your comments are invited, for submission to the Rules Board Secretariat by no later than 21 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: MoSetshedi@justice.gov.za
Enquiries may also be directed to Mrs. C. Kemp via email at ChKemp@justice.gov.za
Dated: 11 December 2024
The Rules Board for Courts of Law (“Rules Board”) is proposing amendments to Uniform Rule 49(13) and Magistrates Courts’ Rule 51(4) (security for the costs of an appeal).
The Rules Board has considered inter alia that the rules mentioned above may conflict with section 34 (“Access to courts”) of the Constitution of the Republic of South Africa, 1996 as the rules appear to be barring access to courts for litigants who are unable to provide security. In the light of this potential conflict the proposed amendments to Uniform Rule 49(13) and Magistrates Courts’ Rule 51(4) are intended to bring the rules in line with the Constitution. The Rules Board is submitting two draft rule formulations for consideration.
Your comments are invited, for submission to the Rules Board Secretariat by no later than 21 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: MoSetshedi@justice.gov.za
Dated: 11 December 2024
The Rules Board for Courts of Law (“Rules Board”) is proposing an amendment to Uniform Rule 68(3)(b) that deals with the time period within which a request may be made for an account rendered by the sheriff to be taxed.
The amendment to Uniform Rule 68(3)(b) is intended to align the time period therein of 90 days to the time period of 20 days in item 33(a) of Part II of Table C of Annexure 2 to the Magistrates Courts’ Rules (“item 33(a)”).
The initial amendment of the time period in item 33(a) from 90 days to 20 days arose from a representation that the period of 90 days, as it then was, to request a sheriff’s account to be taxed results in a delay in the payment of sheriffs’ accounts. The delay in the payment of the accounts has a detrimental effect on the sustainability of sheriffs.
The Rules Board considers that since the concerns raised by the representor in respect of the impact of the time period in item 33(a) applies equally to the time period in Uniform Rule 68(3)(b), that an amendment to item 68(3)(b) of Uniform Rule 68 is necessary.
Your comments are invited, for submission to the Rules Board Secretariat by no later than 21 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: MoSetshedi@justice.gov.za
Enquiries may also be directed to Mrs. C. Kemp via email at ChKemp@justice.gov.za
Dated: 11 December 2024
PROPOSED AMENDMENTS TO SMALL CLAIMS COURTS’ RULES 2, 14(1), 16(3), 23 AND 27
The Rules Board for Courts of Law (“Rules Board”) is proposing to amend Small Claims Courts’ Rules 2, 14(1), 16(3), 23 and 27, that arise from comments received from role-players in respect of the Rules that came into operation on 1 April 2023, for the reasons hereinafter indicated.
Role-player/s propose that Rule 2 be amended to provide for a three-tiered reporting structure that would comprise of a National Advisory Board supported by Provincial and Local Advisory Boards for Small Claims Courts.
The proposed structure is intended to facilitate the gathering and collation of relevant information on the functioning of the courts at local level and the submission of that information to the provincial level and thereafter to the National level so that the National Advisory Board can comprehensively advise the Minister on issues affecting the functioning of the Small Claims Courts.
The primary purpose of the entire structure is to enable the National Advisory Board to advise the Minister on the functioning of the Small Claims Courts as required by section 25(1)(d) of the Small Claims Courts Act.
Rule 14(1): Subrule (1) is proposed to be amended to address the concerns of a role-player that there should be conformity between rules 14 and 15. Rule 15 dealing with Counterclaims provides that a counterclaim may be raised orally or in writing but rule 14 does not have a similar provision.
Rule 16(3): Subrule (3) is proposed to be amended to include a provision to inform the parties that any witnesses a party intends to call to provide evidence in person, must appear on the day and at the time specified for the hearing.
Rule 23: The Rule is proposed to be amended to address a role-player’s concerns that the rule may create an erroneous impression that costs in general can be ordered by the Small Claims Courts. The amendment therefore incorporates a reference to section 37 of the Small Claims Courts Act, 1985 that provides that costs awarded may include only court fees, the prescribed amount for the issue of the summons and the fees and travelling expenses of the messenger of the court.
Rule 27: The amendment proposed to rule 27 is to correct the provision to clarify that any proceedings pending as at the date of the new rules being promulgated would not be affected by the new rules and would be concluded in accordance with the Rules in operation before 1 April 2023.
Your comments are invited, for submission to the Rules Board Secretariat by no later than 21 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: MoSetshedi@justice.gov.za
Enquiries may also be directed to Mrs. C. Kemp via e-mail at ChKemp@justice.gov.za.
Dated: 11 December 2024
The purpose of this letter is to invite comments on the proposed Children’s Court rules and forms.
The Rules Board for Courts of Law (Rules Board) is empowered to make rules in terms of section 52 of the Children’s Act which provides:
“52 Rules and court proceedings
(1) Except as is otherwise provided in this Act, the provisions of the Magistrates’ Courts Act, 1944 (Act 32 of 1944), and of the rules made in terms thereof as well as the rules made under the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), apply, with the necessary changes required by the context, to the children’s court in so far as these provisions relate to ̶
(a) the issue and service of process;
(b) the appearance in court of advocates and attorneys;
(c) the execution of court orders;
(d) contempt of court; and
(e) penalties for ̶
(i) non-compliance with court orders;
(ii) obstruction of the execution of judgements; and
(iii) contempt of court.
(2) Rules made in terms of subsection (1) must be designed to avoid adversarial procedures and include rules concerning ̶
(a) appropriate questioning techniques for ̶
(i) children in general;
(ii) children with intellectual or psychiatric difficulties or with hearing or other physical disabilities which complicate communication;
(iii) traumatized children; and
(iv) very young children; and
(b) the use of suitably qualified or trained interpreters.”
This is in addition to the authority vested in the Rules Board by section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), to make, amend or repeal the rules of certain courts. The Board performs its powers to develop, review, amend or repeal court rules regularly and on an on-going basis.
Acting in accordance with its mandate as outlined above the Rules Board intends to develop rules and forms for the Children’s Courts. The following annexures are attached to the invitation documetn for ease of reference:
- [ANNEXURE A – MEMORANDUM ON OBJECTS OF THE RULES]
- [ANNEXURE B – DRAFT CHILDREN’S COURT RULES]
- [ANNEXURE C – DRAFT CHILDREN’S COURT FORMS]
As part of its consultative process, the Rules Board hereby invites your comments on the proposed Children’s Court rules and forms. Further, the Board will appreciate receiving comments on any additional provision deemed necessary for inclusion in the draft rules and forms.
Your comments are invited, for submission to the Rules Board Secretariat by no later than 28 February 2025.
Submissions can be sent via hand delivery or email as follows:
PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: Ms Zintle Mbombo (ZMbombo@justice.gov.za) / Mr Nkosinathi Maseko (NMaseko@justice.gov.za).
Dated: 09 December 2024