Professional Documents
Culture Documents
PROMULGATION OF LEGISLATION
STATISTICS
POSITIVE ASPECTS
PRACTICE DIRECTIVES
FUNCTIONING OF CIRCLES
STATISTICS
STATISTICS
July -
Divorce 50%
977 -
Applications
2011
-
1175 Divorces
Undefended divorces
Date 1 to 2 weeks
Defended Matters:
- Waiting time + 2 months
Polokwane
POSITIVE ASPECTS
-
the fact that there are only a limited number of "in person"
appearances
most
litigants
are
assisted
by
legal
representatives.
-
The backlog inherited from the Old Divorce Courts has been worked
away.
Pro Bono assists well with divorce matters and Legal Aid as well as
the legal aid clinics of the two Universities. (that is not the position in
other provinces LSNP).
REGIONAL COURTS
Most common errors by Practitioners:
-
Citation of parties
Failure to:
Index & Paginate
Rule 63 as well as Practise Directives Motions
Regional Courts
Can't ask:
Further Particulars after/with notice to defend
Copies of document's 15(1)
Transfer of CasesSec. 35
Issue Thoyandou
-
Makhado
Hlangenami
Musina
Must file:
- Marriage Certificate
- Birth Certificate Children
- ID Doc.
(Not a Rule)
Practice directives for Reg. Courts are ignored sometimes with huge cost
implications.
Promulgation of Legislation
The Act 9 August 2010
The Rules 15 October 2010
(Polokwane Pilot Project)
2)
The Act
- Matters to be continued Reg. Courts
- Replaced old Divorce Courts
- Areas of jurisdiction
NB Notice
- Divorce Court Rules have been repealed
- New Rules Magistrates Court (including Civil Reg. Courts) are in
place
Laws Amended
-
Registrar's
Section 28
Same but note 1A
Divorces note Sec 29 1 B
GENERAL
1)
2)
Disadvantages CRC
- Scale of Costs bad for your fee-account
- Uncertainly about the level of expertise of the preciding officer
- Hometown politics attorneys/magistrate
- Big divorce clients find privacy when dealing with attorneys in bigger
centra.
- Difficulty in getting Fam. Adv. consent on settlement agreements in
smaller centra.
- Legal Aid taking away many instructions that could have come your
way.
- Non continues rolls as in High Court.
3)
Aspects to Note
-
Practice Directives.
8km 15km
(Face Book)
Summons simple
Declaration
15(1) Documents