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Civil Procedure in the Magistrates Courts

Civil Procedure in the Magistrates’ Courts is the complete guide required for civil practice in the lower courts.

Publication Language: English
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Product description

Civil Procedure in the Magistrates’ Courts is the complete guide required for civil practice in the lower courts.

Civil Procedure in the Magistrates’ Courts provides detailed section-by-section commentary on the Magistrates’ Courts Act 32 of 1944 (as amended) and the Rules of Court. The publication is updated three times per annum ensuring currentness of content.

Available in print (looseleaf) and online format. Print includes updates for 12 months, thereafter updates are billed annually in advance.

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Table of contents




Special Interdicts

Finality and Appealability of Interdicts


Time, Condonation and Postponement

Legal Standing

Stay of Proceedings

Reviews & Proposed Rules of Procedure for Judicial Review of Administrative Action


General: Scope of Civil Procedure

Purpose and Application of Rules


Duties and Office Hours of Registrars and Clerks of the Court in Civil Matters


Rules Relating to Pleadings Generally

Amendment of Summons

Sheriff of the Court

Service of Process, Notices and Other Documents

Edictal Citation and Substituted Service

Judgment by Consent

Judgment by Default

Notice of Intention to Defend

Summary Judgment

Provisional Sentence


Further Particulars


Offer to Settle

Interim Payments

Exceptions and Applications to Strike Out

Claims in Reconvention

Replication and Plea in Reconvention

Close of Pleadings

Set-Down of Trial

Discovery of Documents

Medical Examinations, Inspection of Things, Expert Testimony and Tendering in Evidence any Plan, Diagram, Model or Photograph

Pre-Trial Procedure for Formulating Issues

Subpoena, Interrogatories and Commissionde bene esse

Withdrawal, Dismissal and Settlement

Intervention, Joinder and Consolidation of Actions


Record of Proceedings in Civil Matters

Adjournment & Postponement

Non-Appearance of a Party – Withdrawal and Dismissal


Fees of the Sheriff

Review of Taxation

Process in Execution

Security by judgment creditor

General Provisions Regarding Execution

Execution against a partnership

Execution Against Movable Property

Execution Against Immovable Property

Enforcement of Foreign Civil Judgments

Interpleader Claims

Enquiry into Financial Position of Judgment Debtor

Attachment of Emoluments by Emoluments Attachment Order

Attachment of a Debt by Garnishee Order

Administration Orders

Rescission and Variation of Judgments

Appeals in Civil Cases

Representation of Parties

Pro Deo Applicants

Actions by and Against Partners, a Person Carrying on Business in a Name or Style Other Than His or Her Own Name, an Unincorporated Company, Syndicate or Association


Amendment of Pleadings

Arrests Tanquam Suspectus de Fuga, Interdicts, Attachments to Secure Claims and Mandamenten van Spolie

Attachment of Property to Found or Confirm Jurisdiction

MaintenancePendente Lite, Contribution Towards Costs, Interim Custody and Access to Children


Non-Compliance with Rules, Including Time Limits and Errors

Irregular Proceedings

Records, Entries or Documents as Evidence in Civil Matters

Security for Costs

Filing, Preparation and Inspection of Documents

Oath of Office of Interpreter