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CIVIL REGIONAL COURTS

PROMULGATION OF LEGISLATION

STATISTICS

MOST COMMON ERRORS

POSITIVE ASPECTS

THE RULES MOST PROMINENT AMENDMENTS

CIVIL REG. COURTS:

PRACTICE DIRECTIVES

FUNCTIONING OF CIRCLES

STATISTICS

PRETORIA REGIONAL COURT

STATISTICS
July -

298 summonses issued

Divorce 50%
977 -

Applications

2011
-

1175 Divorces

530 Civil matters

Undefended divorces

Date 1 to 2 weeks
Defended Matters:
- Waiting time + 2 months
Polokwane

POSITIVE ASPECTS
-

Civil Regional Court in Limpopo Province are functioning well, very


well.

Case load is increasing daily.

More Regional Court Magistrates are capable of sitting in Civil


matters in the Regional Courts.

Court time is spent effectively.


-

the fact that there are only a limited number of "in person"
appearances

most

litigants

are

assisted

by

legal

representatives.
-

Court dates are allocated quickly Magistrate Wessels indicated to


me that the integrated rolls work well.

In Limpopo there are:


18 places of sitting of Periodical Reg. Courts.
6 permanent seats of the Reg. Court
and Polokwane is the only place where more than one Reg. Court is
sitting permanently.

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).

Magistrate Wessels will be conducting training of Assistant Registrars and


case flow management training for Regional Court Magistrates in most of
the other provinces from now November
Limpopo is privileged to have Magistrate Jakkie Wessels as their Regional
Court President.

REGIONAL COURTS
Most common errors by Practitioners:
-

Citation of parties

Ignorance new Rules


(2 Sept - 15km)

(service fax & e-mail)

Failure to:
Index & Paginate
Rule 63 as well as Practise Directives Motions
Regional Courts

Specifically Rules 5 and 6


5 Summons
6 Pleadings

Can't ask:
Further Particulars after/with notice to defend
Copies of document's 15(1)

Service of documents in general is a problem but specifically the


State Attorney in the case of a Minister, Deputy Minister or
Provincial Premier in his/her official capacity, the State or Provincial
administration = must serve State Attorney.

Transfer of CasesSec. 35
Issue Thoyandou
-

but can be transferred to Periodical Courts sitting

Makhado

Hlangenami

Musina

so that cases can then be finalized closest to where plaintiff resides


-

Costs of travelling etc. is saved

This Section of the Act is not used enough.


Reg. Court papers still issued in District Court.
Invalid Process.
Divorces: on Appearance
settlement agreement NOT endorsed by Fam. Adv.
When issuing Divorce Summons
-

Must file:
- Marriage Certificate
- Birth Certificate Children
- ID Doc.
(Not a Rule)

Practice directives for Reg. Courts are ignored sometimes with huge cost
implications.

CIVIL REGIONAL COURTS


1)

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
-

Attorneys Act Candidate Attorney B. Proc 31/12/2004

Magistrates' Courts Act


-

"Court" Includes Regional Court

Registrar's
Section 28
Same but note 1A
Divorces note Sec 29 1 B

GENERAL
1)

Why practice in CRC


- Cheaper clients will demand it.
- Accessable
- Saving on Correspondents accounts
- Court dates allocated much quicker
- If you are good in what you do you will build yourself a reputation
- Civil Actions R100 R300 000.00
- Your pleadings similar to High Court.

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
-

Magistrate Court 0 100k


or consent i.t.o sect. 45
(ammend your agreements)

Reg. Civil Courts 100 300k


Can't transfer M CRC

Practice Directives.

Most Prominent amendments to the Rules


-

8km 15km

Service fax and e-mail

(Face Book)

Summons simple

Declaration

No Request Further particulars

15(1) Documents

Further Particulars at preperation for trial stage only

Application to compell further discovery Rule 23(3)

Dies Non 16/12 15/1 only i.ro. Notice of Intention to defend

NB Because of similarity of Rules with those of the High Court


you can rely on High Court judgments

Third Party Procedure you can now obtain an order against


3rd party

Urgent Application's Rule 55(5)

Rule 58 pendente lite relief

Rule 60A irregular proceedings

Rule 63 Index and Paginate

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