Only a natural person may institute an action in a court and, subject to the provisions of section 14 (2), a juristic person may become a party to an action in a court only as defendant.
A party to an action shall appear in person before the court and, subject to the provisions of subsection (4), shall not be represented by any person during the proceedings.
[Sub-s. (2) substituted by s. 4 (a) of Act 92 of 1986.
[Sub-s. (3) deleted by s. 4 (b) of Act 92 of 1986.
A juristic person shall be represented in a court by its duly nominated director or other officer.
(a) Subject to the provisions of this section, the Minister or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may appoint one or more commissioners for any court.
[Para. (a) substituted by s. 5 (a) of Act 92 of 1986 and by s. 4 of Act 26 of 1999.
actions for counterclaims not exceeding the amount determined by the Minister from time to time by notice in the Gazette , in respect of any cause of action mentioned in paragraphs (a) to (e).
18 Abandonment of part of claim abandon a part of that claim or counterclaim.
A claim exceeding the jurisdiction of a court and based on one and the same cause of action may not be split with the object of recovering it in more than one action, if the parties to those actions and the point in issue in those actions would be the same.
If a court is of the opinion that a case contains difficult or complex questions of law or of fact which cannot adequately or fairly or should not be decided by it, it shall stop the proceedings.
No person shall be bound to institute an action in terms of this Act in respect of a claim which may also be adjudicated upon in another court of law, but if an action is so instituted, the defendant shall be subject to the jurisdiction of the court in question.
Any provision in an agreement to the effect that the jurisdiction of a court shall be excluded, or that a party thereto shall not institute an action in terms of this Act, other than a provision to the effect that a dispute arising from the agreement shall be resolved by arbitration, shall be void.
No new rule and no amendment or repeal of a rule shall come into operation unless it has been published in the Gazette at least 30 days before the day upon which it is expressed to come into operation.
Subject to the provisions of this Chapter, the rules of the law of evidence shall not apply in respect of the proceedings in a court, and a court may ascertain any relevant fact in such manner as it may deem fit.
Evidence to prove or disprove any fact in issue, may be submitted in writing or orally.
A party shall not question or cross-examine any other party to the proceedings in question or a witness called by the latter party, but the presiding commissioner shall proceed inquisitorially to ascertain the relevant facts, and to that end he may question any party or witness at any stage of the proceedings: Provided that the commissioner may in his discretion permit any party to put a question to any other party or any witness.
Subject to the provisions of subsection (2), a party may call one or more witnesses to prove his claim, counterclaim or defence.
Until judgment has been given in an action arising from a business or profession carried on or exercised by the plaintiff, the plaintiff may not deliver a summons referred to in paragraph (a) to the clerk of the court in respect of any other action arising from that business or profession.
[Para. (b) added by s. 3 of Act 63 of 1989.
Apart from the summons no pleadings shall be required of the parties, but the defendant may at any time before the hearing lodge with the clerk of the court a written statement setting forth the nature of his defence and particulars of the grounds on which it is based, and a copy of that statement shall be furnished to the plaintiff by the defendant.
Two or more defendants may be sued in the alternative or both in the alternative and jointly in one action, if the plaintiff alleges that he is uncertain which of the defendants is in law liable for his claim: Provided that on application by one or more of the defendants the court may in its discretion order that separate trials be held, or make such other order as it may deem just and expedient.
The amendment may be made upon such conditions as the court may deem reasonable.
an order, on such conditions as the court may deem fit, against the party for whom judgment has been granted, deferring wholly or in part further proceedings upon the judgment for a specified period pending arrangements by the other party for the satisfaction of the judgment.
admits liability and consents to judgment in writing; or fails to appear before the court on the trial date or on any date to which the proceedings have been postponed, the court may, on application by the plaintiff, grant judgment for the plaintiff in so far as he has proved the defendant's liability and the amount of the claim to the satisfaction of the court, and the court may dismiss any counterclaim by the defendant.
[Para. (a) substituted by s. 1 of Act 2 of 1992.
correct patent errors in any judgment, provided, in the case of an application, the application is made not later than one year after the applicant first had knowledge of any errors.
[S. 36 substituted by s. 4 of Act 63 of 1989.
Money payable in terms of a judgment or order of a court, shall be paid by the judgment debtor direct to the judgment creditor.
When a court grants judgment for the payment of a sum of money, the court shall enquire from the judgment debtor whether he is able to comply with the judgment without delay, and if he indicates that he is unable to do so, the court may, in camera , conduct an inquiry into the financial position of the judgment debtor and into his ability to pay the judgment debt and costs.
[Para. (b) deleted by s. 5 (a) of Act 63 of 1989.
The clerk of the court shall, upon the written application of the judgment creditor accompanied by an affidavit specifying the amount and the costs still owing under the judgment or order and how that amount is arrived at, transmit that affidavit, together with a certified copy of that judgment or order reflecting the nature of the cause of action, to the clerk of the magistrate's court of the district in which the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is a juristic person, of the district in which its registered office or main place of business is situated.
Upon receipt of the documents referred to in subsection (2) the clerk of the magistrate's court concerned shall record the details of the judgment or order concerned and the amount owing mentioned in the affidavit in his registers.
[S. 44 amended by s. 10 of Act 92 of 1986 and repealed by s. 7 of Act 63 of 1989.
A judgment or order of a court shall be final and no appeal shall lie from it.
to (d) inclusive.
Any person who wilfully insults a commissioner during the session of his court, or a clerk or messenger or other officer present at that session, or who wilfully interrupts the proceedings of a court or otherwise misbehaves himself in the place where the session of a court is held, shall, without prejudice to the provisions of section 4 (3), be liable to be sentenced summarily or upon summons to a fine not exceeding R500 or to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.
The expressions 'Lower Courts Act', 'sheriff', 'deputy sheriff' and 'civil court' have been substituted for the expressions 'Magistrates' Courts Act', 'messenger of the court', 'deputy messenger of the court' and 'magistrate's court', wherever they occur.
To amend the Small Claims Courts Act, 1984, so as to provide for the establishment of a small claims court also for more than one magisterial district or for a part of such a district; the granting of the power to the Minister of Justice or to a magistrate to establish a small claims court for a district for the adjudication of a particular claim or claims; to relieve the small claims court of the obligation of making use of the services of an interpreter; to amend the provisions relating to the right of appearance of certain persons; to empower the Minister of Justice to adjust the monetary limit in respect of certain causes of action; and to effect an improvement in the English text; and to provide for incidental matters.
2 Amends section 5 of the Small Claims Courts Act 61 of 1984 by substituting subsection (2).
6 Amends section 11 of the Small Claims Courts Act 61 of 1984 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2).
[Date of commencement of s. 8: 1 January 1987.
This Act shall be called the Small Claims Courts Amendment Act, 1986.
substitutes the words following subsection (2) (c) ; and paragraph (b) substitutes subsection (3).
[Date of commencement of s. 5: 20 May 1991.
1 Amends section 2 of the Small Claims Courts Act 61 of 1984 by deleting the word 'and' at the end of subsection (1) (a A) and by adding paragraphs (c) , (d) and (e) to subsection (1).
1 Amends section 36 of the Small Claims Courts Act 61 of 1984 by substituting paragraph (a).
The mission of three African presidents left Cote d'Ivoire on Wednesday without any sign of success. However, the mission has promised a second chance to find a peaceful solution to Cote d'Ivoire's crisis.
Having arrived in the afternoon, they first met with the special representative of the UN secretary general in Cote d'Ivoire, Choi Young jin, who explained to them Cote d'Ivoire's electoral process and the methodology used to arrive at the certification of the results.
"I want to thank you very much. I hope to see you very soon," Gbagbo told them on the steps of the presidential palace.
Gbagbo is facing mounting pressure to step down after the November 28 presidential run-off, in which the electoral commission says Ouattara had the victory. But the Constitutional Council rejected the results, declaring Gbagbo as the winner.