This is the version of this Act as it was from 1 March 1975 to 21 July 1977. Read the latest available version.
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Magistrates' Courts Act, 1944
Act 32 of 1944
- Published in Government Gazette 3346 on 19 May 1944
- Assented to on 16 May 1944
- Commenced on 2 July 1945 by Magistrates' Courts Act, 1944: Commencement
- [This is the version of this document as it was from 1 March 1975 to 21 July 1977.]
- [Amended by Magistrates' Courts Amendment Act, 1952 (Act 40 of 1952) on 2 July 1945]
- [Amended by General Law Amendment Act, 1972 (Act 102 of 1972) on 2 July 1945]
- [Amended by Magistrates' Courts Amendment Act, 1952 (Act 40 of 1952) on 27 June 1952]
- [Amended by Magistrates' Courts Amendment Act, 1954 (Act 14 of 1954) on 2 April 1954]
- [Amended by General Law Amendment Act, 1955 (Act 62 of 1955) on 6 July 1955]
- [Amended by General Law Amendment Act, 1956 (Act 50 of 1956) on 22 June 1956]
- [Amended by General Law Amendment Act, 1957 (Act 68 of 1957) on 28 June 1957]
- [Amended by Criminal Law Further Amendment Act, 1959 (Act 75 of 1959) on 17 July 1959]
- [Amended by Criminal Law Amendment Act, 1959 (Act 16 of 1959) on 1 September 1959]
- [Amended by General Law Further Amendment Act, 1962 (Act 93 of 1962) on 4 July 1962]
- [Amended by Magistrates' Courts Amendment Act, 1963 (Act 19 of 1963) on 15 March 1963]
- [Amended by General Law Amendment Act, 1963 (Act 37 of 1963) on 2 May 1963]
- [Amended by General Law Further Amendment Act, 1963 (Act 93 of 1963) on 12 July 1963]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 24 June 1964]
- [Amended by Magistrates' Courts Amendment Act, 1965 (Act 48 of 1965) on 5 May 1965]
- [Amended by Magistrates' Courts Amendment Act, 1967 (Act 8 of 1967) on 17 February 1967]
- [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 21 June 1968]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 30 August 1968]
- [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 30 August 1968]
- [Amended by Magistrates' Courts Amendment Act, 1969 (Act 17 of 1969) on 26 March 1969]
- [Amended by Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969 (Act 15 of 1969) on 1 May 1969]
- [Amended by General Law Amendment Act, 1969 (Act 101 of 1969) on 30 June 1969]
- [Amended by General Law Amendment Act, 1970 (Act 17 of 1970) on 6 March 1970]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 1 November 1970]
- [Amended by Magistrates' Courts Amendment Act, 1970 (Act 53 of 1970) on 1 December 1970]
- [Amended by General Law Amendment Act, 1971 (Act 80 of 1971) on 14 July 1971]
- [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 1 May 1973]
- [Amended by General Law Amendment Act, 1974 (Act 29 of 1974) on 15 March 1974]
- [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 20 November 1974]
- [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 1 March 1975]
1. Definitions
In this Act, except where the context otherwise indicates—"court" means a magistrate’s court;"court of appeal" means the provincial division of the Supreme Court to which an appeal lies from the magistrate's court;"judgment", in civil cases, includes a decree, a rule and an order;"judicial officer" means a magistrate, an additional magistrate or an assistant magistrate;"magistrate" does not include an assistant magistrate;"Minister" in section 15(2) and (4) and in section 113 means the Minister of Justice; in any other provision of this Act, 'Minister' in relation to any matter to be dealt with in a regional division, district or subdistrict administered under the control of the Minister of Justice, and in relation to the creation or abolition of any such regional division, district or subdistrict, means that Minister or any other Minister of State acting on his behalf, and in relation to any matter to be dealt with in a regional division, district or subdistrict administered under the control of the Minister of Bantu Administration and Development, and in relation to the creation or abolition of any such last mentioned regional division, district or subdistrict, means the latter Minister or any other Minister of State acting on his behalf;[definition of "Minister" substituted by section 23 of Act 94 of 1974]"offence" means an act or omission punishable by law;"practitioner" means an advocate, an attorney, an articled clerk such as is referred to in section 21 or an agent such as is referred to in section 22;"province" includes the territory;"Republic" includes the territory;"territory" means the territory of South-West Africa;"to record" means to take down in writing or in shorthand or to record by mechanical means, and "recorded" has a corresponding meaning;"the district", if used in relation to any court, means the district, subdistrict, or area for which such court is established;"the rules" means the rules made under section 25;"this Act" includes the rules.[section 1 amended by section 2 of Act 40 of 1952 and section 15 of Act 15 of 1969 and substituted by section 1 of Act 53 of 1970]Part I – Courts
Chapter I
Establishment and nature of courts
2. Minister’s powers relative to districts and courts
The Minister may, by notice in the Gazette—3. Existing courts and districts to continue
4. Nature of the courts and force of process
5. Courts to be open to the public, with exception
6. Medium to be employed in proceedings
7. Public access to records and custody thereof
Chapter II
Judicial officers
8. Before whom courts to be held
Every court held under this Act shall be presided over by a judicial officer appointed in the manner provided by this Act.9. Appointment of judicial officers
9bis. Establishment of Regional Divisions Appointments Advisory Board
10. Qualifications for appointments of judicial officers
Subject to the provisions of the law governing the public service and of section eleven—11. Existing judicial officers to continue in office
12. Powers of judicial officers
Chapter III
Officers of the court
13. Clerk of the court
14. Messengers of the court
15. Service of process by the police
16. Messengers’ duties respecting detention of persons by order of court
The messenger shall receive and cause to be lodged in a prison all persons arrested by such messenger or committed to his custody.[section 16 amended by section 1 of Act 17 of 1969]17. Messengers’ return to be evidence
The return of a messenger or of any person authorized to perform any of the functions of a messenger to any process of the court shall be prima facie evidence of the matters therein stated.18. Suspension of messenger for misconduct
A messenger who is alleged to have been negligent or dilatory in the service or execution of process, or wilfully to have demanded payment of more than his proper fees or expenses, or to have made a false return, or in any other manner to have misconducted himself in connection with his duties may, pending investigation, be suspended from office and profit by the magistrate, who may appoint a person to act in his place during the period of suspension. The magistrate shall forthwith report to the Minister any action he has taken under this section and the Minister may, after investigation, set aside the order of suspension or may confirm it and may also dismiss from his office the messenger who has been so suspended.19. Officers appointed previously to remain in office
Every officer of the court holding office immediately prior to the commencement of this Act shall be deemed to be duly appointed under this Act, and shall be invested with power, duties and authority accordingly.Chapter IV
Practitioners
20. Advocates and attorneys
An advocate or attorney of any division of the Supreme Court may appear in any proceeding in any court.21. Articled clerks
An articled clerk referred to in sub-section (3) of section twenty-one of the Attorneys, Notaries and Conveyancers Admission Act, No. 23 of 1934, may appear instead and on behalf of the attorney to whom he has been articled in any proceeding in any court, other than the court of a regional division established under section two, within the jurisdiction of the division concerned.[section 21 amended by section 18 of Act 50 of 1956]22. Agents
23. Misconduct of practitioners
Whenever in the opinion of a judicial officer a practitioner has been guilty of misconduct or dishonourable practice he shall report the fact—Chapter V
Rules of Court
24. ***
[section 24 repealed by section 7 of Act 53 of 1970]25. Rules Board
Part II – Civil matters
Chapter VI
Civil jurisdiction
26. Area of jurisdiction
27. Jurisdiction of periodical courts
The jurisdiction of a periodical court within the area for which it has been appointed shall be subject to the following provisions—28. Jurisdiction in respect of persons
29. Jurisdiction in respect of causes of action
30. Arrests and interdicts
30bis. Attachment to found or confirm jurisdiction
The court may order attachment of person or property to found or confirm jurisdiction against any person who does not reside in the Republic, in respect of an action within its jurisdiction, where the claim or the value of the matter in dispute amounts to at least forty rand, exclusive of any costs in respect of the recovery thereof, and may grant an order allowing service of any process in such action to be effected in such manner as may be stated in such order.[section 30bis inserted by section 8(1) of Act 80 of 1964]31. Automatic rent interdict
32. Attachment of property in security of rent
33. Curator ad litem
The court may appoint a curator ad litem in any case in which such a curator is required or allowed by law for a party to any proceedings brought or to be brought before the court.34. Assessors
In any action the court may, upon the application of either party, summon to its assistance one or two persons of skill and experience in the matter to which the action relates who may be willing to sit and act as assessors in an advisory capacity.35. Transfer from one court to another
36. What judgments may be rescinded
The court may, upon application by any person affected thereby, or, in cases falling under paragraph (c), suo motu—37. Incidental jurisdiction
38. Abandonment of part claim
39. Deduction of admitted debt
In order to bring a claim within the jurisdiction a plaintiff may, in his summons or at any time after the issue thereof, deduct from his claim, whether liquidated or unliquidated, any amount admitted by him to be due by himself to the defendant.40. Splitting of claims disallowed
A substantive claim exceeding the jurisdiction may not be split with the object of recovering the same in more than one action if the parties to all such actions would be the same and the point at issue in all such actions would also be the same.41. Joinder of plaintiffs
42. Joinder of defendants
43. Jurisdiction cumulative
44. Application of sections 34, 35 and 37 to 43 inclusive to claims in reconvention
In sections thirty-four, thirty-five and thirty-seven to forty-three inclusive, "action", "claim" and "summons" include "claim in reconvention", and "plaintiff" and "defendant" include "plaintiff in reconvention" and "defendant in reconvention" respectively.45. Jurisdiction by consent of parties
46. Matters beyond the jurisdiction
47. Counterclaim exceeding jurisdiction
48. Judgment
The court may, as a result of the trial of an action, grant—49. Cession of costs
Costs awarded in interlocutory proceedings shall not be ceded without the consent of the court awarding such costs.50. Removal of actions from court to provincial or local division
Chapter VII
Witnesses and evidence
51. Modes of procuring attendance of witnesses and penalty for non-attendance
51bis. Witness fees
52. Interrogatories
53. Commissions de bene esse
54. Pre-trial procedure for formulating issues
Chapter VIII
Recovery of small debts
55. Recovery of small debts
56. Where no appearance is entered
When any defendant having been duly served with a summons under section fifty-five fails to enter appearance to defend within the time prescribed by the rules, or consents to judgment, the clerk of the court shall, on the application of plaintiff, enter judgment in his favour.57. Where appearance is entered
58. No further pleadings necessary
No further 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 such statement shall be furnished to the plaintiff by the defendant.59. Costs
60. Procedure not compulsory
No person shall be obliged to take action in terms of this Chapter but may proceed as otherwise provided in this Act.Chapter IX
Execution
61. Definitions
In this Chapter—"emoluments" includes—(i)salary, wages or any other form of remuneration;and(ii)any allowances,whether expressed in money or not; and"debts" includes any income from whatever source other than emoluments.62. Power to grant or set aside a warrant
63. Execution to be issued within three years
Execution against property may not be issued upon a judgment after three years from the day on which it was pronounced or on which the last payment in respect thereof was made, except upon an order of the court in which judgment was pronounced or of any court having jurisdiction, in respect of the judgment debtor, on the application and at the expense of the judgment creditor, after due notice to the judgment debtor to show cause why execution should not be issued.64. Execution in case of judgment debt ceded
Any person who has, either by cession or by operation of law, become entitled to the benefit of a judgment debt may, after notice to the judgment creditor, and the judgment debtor, be substituted on the record for the judgment creditor and may obtain execution in the manner provided for judgment creditors.65. Enquiry into financial position of debtor
66. Manner of execution
67. Property exempt from execution
In respect of any process of execution issued out of any court the following property shall be protected from seizure and shall not be attached or sold, namely:68. Property executable
69. Interpleader claims
70. Sale in execution gives good title
A sale in execution by the messenger shall not, in the case of movable property after delivery thereof or in the case of immovable property after registration of transfer, be liable to be impeached as against a purchaser in good faith and without notice of any defect.71. Surplus after execution
If, after a sale in execution, there remains any surplus in the hands of the messenger, it shall be liable to attachment for any other unsatisfied judgment debt.71A. Movable property which messenger cannot dispose of in terms of this Act, shall be sold by public auction
72. Debts and emoluments may be attached
73. Order for payment by instalments
74. Administration orders
75. Jurisdiction to decide disputes arising out of garnishee orders
75bis. Review of conditions of sale of immovable property to be sold in execution of a Supreme Court judgment
Notwithstanding anything to the contrary in any law contained, the court may, on the application of any interested party, review and confirm, modify or settle the conditions of sale in respect of any immovable property to be sold in execution of any judgment of any division of the Supreme Court of South Africa.[section 75bis inserted by section 11 of Act 80 of 1964]76. Execution or payment is discharge pro tanto
Payment made by or execution levied upon the garnishee under the provisions of this Act shall be valid discharge of the debt or amount of emoluments due from him to the judgment debtor to the extent of the amount paid or levied.77. Saving of existing law prohibiting attachment
Save where under section seventy-two an order may be granted against the State, nothing in this Act contained shall be construed as authorizing the attachment of any debt or emoluments or any moneys or property specially declared by any law not to be liable to attachment.78. Execution or suspension in case of appeal, etc.
Where an appeal has been noted or an application to rescind, correct or vary a judgment has been made, the court may direct either that the judgment shall be carried into execution or that execution thereof shall be suspended pending the decision upon the appeal or application. The direction shall be made upon such terms, if any, as the court may determine as to security for the due performance of any judgment which may be given upon the appeal or application.79. Person who has made a nulla bona return not to incur debts
Any person shall be guilty of an offence and liable to a fine not exceeding fifty rand if after a return of nulla bona has been made in respect of a judgment against him and before satisfaction of the said judgment, he obtains credit to an amount exceeding fifty rand in the aggregate without previously informing all persons from whom he so obtains credit that there is an unsatisfied judgment against him and that a return of nulla bona has been made in respect thereof.[section 79 amended by section 13 of Act 19 of 1963]Chapter X
Costs
80. Costs to be in accordance with scales and to be taxed
81. Review of taxation
Taxation by the clerk of the court shall be subject to review free of charge by a judicial officer of the district; and the decision of such judicial officer may at any, time within one month thereafter be brought in review before a judge of the court of appeal in the manner prescribed by the rules.Chapter XI
Appeal and review
82. By consent, decision of magistrate’s court may be final
No appeal shall lie from the decision of a court if, before the hearing is commenced, the parties lodge with the court an agreement in writing that the decision of the court shall be final.83. Appeal from magistrate's court
Subject to the provisions of section 82, a party to any civil suit or proceeding in a court may appeal to the provincial division of the Supreme Court having local jurisdiction against—84. Time, manner and conditions of appeal
Every party so appealing shall do so within the period and in the manner prescribed by the rules; but the court of appeal may in any case extend such period.85. No peremption of appeal by satisfaction of judgment
A party shall not lose the right to appeal through satisfying or offering to satisfy the judgment in respect of which he appeals or any part thereof or by accepting any benefit from such judgment, decree or order.86. Respondent may abandon judgment
87. Procedure of court of appeal
The court of appeal may—88. Execution of judgment of court of appeal
The judgment of the court of appeal shall be recorded in the court appealed from, and may be enforced as if it had been given in such last-mentioned court.Part III – Criminal matters
Chapter XII
Criminal jurisdiction
89. Jurisdiction in respect of offences
90. Local limits of jurisdiction
91. Criminal jurisdiction of periodical court
The jurisdiction of the periodical court in criminal matters shall be subject, mutatis mutandis, to the provisions contained in section twenty-seven and in sub-section (3) of section thirty-five.92. Limits of jurisdiction in the matter of punishments
93. When summary trial to be turned into preparatory examinations
93bis. Transfer of proceedings to court of a regional division
Notwithstanding anything to the contrary in any law contained, the judicial officer presiding at the trial of or who convicts any person being tried before a court which is not a court of a regional division, or a judicial officer acting in the absence of such judicial officer in terms of the provisions of section 186 (4) of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), shall, if it appears that the trial may more properly be conducted before the court of a regional division or that the imposition of a sentence in terms of section 334quat(2) or 335(2) of the said Act would have been competent if such person had been so convicted by the court of a regional division, or when the public prosecutor so requests, as the case may be, stop the trial or, if such person has been convicted, set aside the finding in respect of such person and of any other person convicted after having been tried jointly with such firstmentioned person, and the proceedings shall thereupon be commenced afresh before the court of the regional division concerned.[section 93bis added by section 23 of Act 40 of 1952 and substituted by section 31 of Act 70 of 1968 and by section 18 of Act 53 of 1970]93ter. Magistrate may be assisted by assessors
Chapter XIII
Remittal
94. Cases remitted for trial or sentence
When a case in which a preparatory examination has been held, has been remitted for trial or sentence, the court to which it has been remitted shall deal therewith as prescribed in the Criminal Procedure Act, 1955, and may, in respect of each offence or count to which the remittal refers, impose a sentence which in accordance with the terms of the remittal is within its jurisdiction.[section 94 substituted by section 3 of Act 16 of 1959]95. Jurisdiction in respect of punishments in remitted cases
When a case has been so remitted and the remittal is expressed to be under the increased jurisdiction given by this section, the jurisdiction of the court (other than the court of a regional division) in respect of punishments as expressed in section ninety-two, shall be increased in the manner following:Chapter XIV
Review
[heading amended by section 17 of Act 19 of 1963]96. What sentences subject to automatic review
97. Submission of records and remarks to judge for consideration
Whenever a court imposes upon any person convicted of an offence any such punishment as is mentioned in sub-section (1) of section ninety-six, the clerk of the court shall transmit to the registrar of the court of appeal, not later than one week next after the determination of the case, the record of the proceedings in the case together with such remarks, if any, as the presiding judicial officer may desire to append thereto, and with any written statements or arguments which the accused may within three days after the sentence supply to the clerk of the court, and such registrar shall, with all convenient speed, lay the same before one of the judges of the court of appeal, in chambers, for his consideration.98. Proceedings on review
98bis. Review subject to certificate of a judge
Notwithstanding anything to the contrary in any law contained, no person who has been convicted by a magistrate's court of an offence and is undergoing imprisonment for that or any other offence shall be entitled to prosecute in person any proceedings for the review of the proceedings relating to such conviction unless a judge of the court of appeal has certified that there are reasonable grounds for review.[section 98bis inserted by section 19 of Act 19 of 1963]99. Case may be set down for argument
Chapter XV
Execution of sentences
100. Warrant required for commitment to gaol
101. Execution of sentence not suspended unless bail granted
102. Person sentenced to whipping to be detained pending review
Chapter XVI
Criminal appeals
103. Appeals
104. Appeal by prosecutor
105. Appeal to Appellate Division of Supreme Court
Part IV
Chapter XVII
Offences
106. Penalty for disobedience of order of court
Any person wilfully disobeying or neglecting to comply with any order of a court or with a notice lawfully endorsed on a summons for rent prohibiting the removal of any furniture or effects shall be guilty of a contempt of court and shall, upon conviction, be liable to a fine not exceeding one hundred rand or, in default of payment, to imprisonment for a period not exceeding three months or to such imprisonment without the option of a fine: Provided that for the purposes of this section the term 'order' shall not include an order referred to in sub-section (7) of section sixty-five.[section 106 amended by section 27 of Act 40 of 1952 and by section 21 of Act 19 of 1963]107. Offences relating to execution
Any person who—108. Custody and punishment for contempt of court
109. Judgment debtor to inform court of his address
Any person against whom a court has, in a civil case, given any judgment or made any order, who has not satisfied in full such judgment or order and all costs for which he is liable in connection therewith, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty rand, if he has changed his place of residence or employment and fails to give within fourteen days from the date of every such change to the clerk of the court which gave such judgment or made such order, and to the plaintiff or the plaintiff's attorney a notice in writing setting forth fully and correctly the new place of residence or employment, and the names of the parties.[section 109 substituted by section 28 of Act 40 of 1952 and amended by section 24 of Act 19 of 1963]Part V
Chapter XVIII
General and supplementary
110. Jurisdiction as to plea of ultra vires
No magistrate's court shall be competent to pronounce upon the validity of a provincial ordinance or an ordinance of the Legislative Assembly of the territory or of a statutory proclamation of the State President or of the Administrator of the territory, and every such court shall assume that every such ordinance or proclamation is valid; but every such court shall be competent to pronounce upon the validity of any statutory regulation, order or bye-law.[section 110 substituted by section 20 of Act 53 of 1970]111. Amendment of proceedings
112. Administration of oath or affirmation
The oath to be taken by any witness in any proceedings, whether civil or criminal, in any court or at any preparatory examination shall be administered by the officer presiding at such proceedings or by the clerk of the court (or any person acting in his stead) in the presence of the said officer, or if the witness is to give his evidence through an interpreter, by the said officer through the interpreter or by the interpreter in the said officer’s presence.113. ***
[section 113 repealed by section 33 of Act 94 of 1974]114. Savings and non-application of Act
115. Saving of pending proceedings
115A. Application of Act to the territory of South West Africa
116. Laws repealed
The laws specified in the Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule.117. Short title
This Act may be cited for all purposes as the Magistrates’ Courts Act, 1944, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.History of this document
03 April 2024
05 August 2022
01 August 2018
02 August 2017
08 January 2016
22 January 2014
07 December 2010
09 August 2010
16 December 2007
02 November 2007
01 June 2006
Amended by
National Credit Act, 2005
Read this version
01 November 2003
07 February 2003
Amended by
Debt Collectors Act, 1998
Read this version
17 January 2003
23 March 2001
20 April 2000
07 January 2000
01 March 1999
Amended by
Sheriff's Amendment Act, 1998
Read this version
07 October 1998
Amended by
Magistrates Amendment Act, 1998
Read this version
10 December 1997
05 September 1997
01 April 1997
14 February 1997
22 November 1996
11 March 1994
Amended by
Magistrates Act, 1993
Read this version
01 March 1994
01 December 1993
Amended by
General Law Fourth Amendment Act, 1993
Amended by
General Law Fifth Amendment Act, 1993
Read this version
01 September 1993
01 August 1993
Amended by
Attorneys Amendment Act, 1993
Read this version
01 March 1992
28 March 1991
01 August 1990
01 March 1990
Amended by
Sheriffs Act, 1986
Read this version
29 September 1989
Amended by
Attorneys Amendment Act, 1989
Read this version
01 July 1989
03 October 1988
01 January 1988
24 June 1987
20 February 1987
01 August 1986
03 April 1985
01 November 1984
Amended by
Matrimonial Property Act, 1984
Read this version
01 September 1984
02 May 1984
04 May 1983
01 April 1983
Amended by
Appeals Amendment Act, 1982
Read this version
21 April 1982
11 March 1981
01 January 1979
22 July 1977
Amended by
Criminal Procedure Act, 1977
Amended by
Lower Courts Amendment Act, 1977
Read this version
01 March 1975 this version
Amended by
Second General Law Amendment Act, 1974
20 November 1974
15 March 1974
Amended by
General Law Amendment Act, 1974
Read this version
01 May 1973
14 July 1971
Amended by
General Law Amendment Act, 1971
Read this version
01 December 1970
01 November 1970
Amended by
General Law Amendment Act, 1964
Read this version
06 March 1970
Amended by
General Law Amendment Act, 1970
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30 June 1969
Amended by
General Law Amendment Act, 1969
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26 March 1969
30 August 1968
Amended by
General Law Amendment Act, 1964
Amended by
General Law Amendment Act, 1968
Read this version
21 June 1968
Amended by
General Law Amendment Act, 1968
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17 February 1967
05 May 1965
24 June 1964
Amended by
General Law Amendment Act, 1964
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12 July 1963
02 May 1963
Amended by
General Law Amendment Act, 1963
Read this version
15 March 1963
04 July 1962
01 September 1959
17 July 1959
28 June 1957
Amended by
General Law Amendment Act, 1957
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22 June 1956
Amended by
General Law Amendment Act, 1956
Read this version
06 July 1955
Amended by
General Law Amendment Act, 1955
Read this version
02 April 1954
27 June 1952
02 July 1945
Amended by
Magistrates' Courts Amendment Act, 1952
Amended by
General Law Amendment Act, 1972
Commenced by
Magistrates' Courts Act, 1944: Commencement
Read this version
19 May 1944
Published in Government Gazette 3346
Read this version
16 May 1944
Assented to
Cited documents 12
Act 12
1. | Criminal Procedure Act, 1977 | 3920 citations |
2. | Matrimonial Property Act, 1984 | 1184 citations |
3. | National Credit Act, 2005 | 644 citations |
4. | Constitution of the Republic of South Africa, 1996 | 597 citations |
5. | Rules Board for Courts of Law Act, 1985 | 205 citations |
6. | Recognition of Customary Marriages Act, 1998 | 182 citations |
7. | Magistrates Act, 1993 | 104 citations |
8. | Judges Remuneration and Conditions of Employment Act, 2001 | 77 citations |
9. | Mediation in Certain Divorce Matters Act, 1987 | 67 citations |
10. | Older Persons Act, 2006 | 58 citations |
Documents citing this one 2821
Gazette 2449
Judgment 311
Act 34
1. | Criminal Procedure Act, 1977 | 3920 citations |
2. | Promotion of Administrative Justice Act, 2000 | 2105 citations |
3. | Superior Courts Act, 2013 | 1694 citations |
4. | Promotion of Access to Information Act, 2000 | 1648 citations |
5. | Restitution of Land Rights Act, 1994 | 1613 citations |
6. | Pension Funds Act, 1956 | 1574 citations |
7. | Prevention of Organised Crime Act, 1998 | 1200 citations |
8. | Matrimonial Property Act, 1984 | 1184 citations |
9. | Value-Added Tax Act, 1991 | 705 citations |
10. | National Credit Act, 2005 | 644 citations |
By-law 12
Government Notice 11
General Notice 1
1. | Legal Practice Rules, 2018 |
Guide 1
1. | A Practical Approach to Evidence for Judicial Officers |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |
Provincial Notice 1
1. | KwaZulu-Natal Liquor Licensing Regulations, 2013 |
Subsidiary legislation
Title
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Date
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Annexure of certain districts to other districts for the duration of the BRICS summit for the period 21-25 August 2023
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 3809 of 2023 | 22 August 2023 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Dedicated courts for the hearing of alleged offences associated with the BRICS summit, 2023
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 3808 of 2023 | 22 August 2023 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Determination of benefits of magistrates who have to dispose of cases after vacating the office of magistrate, 2023
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 3774 of 2023 | 4 August 2023 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and the establishment of district courts in respect of the Western Cape Province, 2023
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 3559 of 2023 | 21 June 2023 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of a place within the district other than the seat of the magistracy for the holding of a court: Mangaung Magisterial District, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 2720 of 2022 | 4 November 2022 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and the establishment of district courts in respect of the Western Cape Province, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
General Notice 932 of 2022 | 30 March 2022 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and the establishment of district courts in respect of the Eastern Cape Province, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
General Notice 931 of 2022 | 30 March 2022 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and the establishment of district courts in respect of the KwaZulu-Natal Province, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
General Notice 930 of 2022 | 30 March 2022 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and the establishment of district courts in respect of the Free State Province, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
General Notice 929 of 2022 | 30 March 2022 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Conversion of certain places for the holding of court (branch courts) and periodical court as courts at which all court-related services are provided, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
General Notice 928 of 2022 | 30 March 2022 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of places within a district other than the seat of the magistracy for the holding of a court, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 783 of 2021 | 27 August 2021 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Establishment of courts for regional divisions for adjudicating civil disputes, appointment of places for the holding of the courts and prescription of the local limits within which the courts shall have jurisdiction, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1161 of 2020 | 30 October 2020 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Ritchie as a place for the holding of a periodical court within the magisterial district of francis baard, 2022
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 50 of 2020 | 29 January 2020 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of Notice regarding the designation of certain courts for the application of mediation rules, 2019
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1215 of 2019 | 19 September 2019 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Booysens as a place for the holding of a court for the Johannesburg Central magisterial district, 2019
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 285 of 2019 | 28 February 2019 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Plettenberg Bay as a place for the holding of a court for Knysna magisterial district to serve the Bitou Municipality, 2019
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 284 of 2019 | 28 February 2019 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Detaching portions of the Taung magisterial district to form a sub-district and detached court for Kgomotso area, 2018
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 738 of 2018 | 19 July 2018 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Annexing certain magisterial districts to the Johannesburg North magisterial districts for the duration of the 2018 BRICS Summit
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 716 of 2018 | 18 July 2018 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and establishment of district courts in respect of the Northern Cape Province, 2018
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 409 of 2018 | 29 March 2018 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of a place for the holding of a court for magisterial district of Mitchells Plain, 2018
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 393 of 2018 | 28 March 2018 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Districts and sub-districts for the implementation of rules on mediation, 2018
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 150 of 2018 | 28 February 2018 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of a place for the holding of a court for magisterial district of The Cape, 2018
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 61 of 2018 | 31 January 2018 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice R740 of 2010 | 1 November 2017 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Tariff of allowances payable to witnesses in civil cases, 2008: Amendment
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice R965 of 2017 | 6 September 2017 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Tariff of allowances payable to witnesses in civil cases, 2008
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice R394 of 2008 | 6 September 2017 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of notice annexing the seat of the district of Rustenburg to the sub-district Tlhabane, 2017
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 379 of 2017 | 24 April 2017 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of notice annexing the sub-district of Vuwani to the magisterial district of Thulamela (Thohoyandou), 2016
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 988 of 2016 | 5 September 2016 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and establishment of district courts in respect of the Mpumalanga Province, 2016
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 492 of 2016 | 29 April 2016 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and establishment of district courts in respect of the Limpopo Province, 2016
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 491 of 2016 | 29 April 2016 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Abolishment of magisterial districts and subdistricts and their courts in respect of the Limpopo and Mpumalanga provinces, 2015
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1267 of 2015 | 21 December 2015 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of notices creating districts and establishing courts for the Limpopo and Mpumalanga Provinces, 2015
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1261 of 2015 | 18 December 2015 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Varying of notice regarding the magisterial district of Ntabankulu, 2015
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 601 of 2015 | 18 September 2015 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of places within district for the holding of courts, 2015
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 412 of 2015 | 8 May 2015 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of sub-districts and appointment of places for the holding of courts, 2015
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 265 of 2015 | 30 March 2015 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Nerina One-Stop Child Justice Centre as a place for the holding of a court, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1021 of 2014 | 12 December 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Amendment of the area of jurisdiction of Mbibana Magisterial District, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 966 of 2014 | 28 November 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of notices creating places of sitting and periodical courts, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 965 of 2014 | 28 November 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of places of sitting and periodical courts for Gauteng and North West Provinces, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 962 of 2014 | 28 November 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Definition of local limits of districts created in respect of Gauteng and North-West Provinces, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 861 of 2014 | 31 October 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of sub-districts and establishment of detached courts, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 860 of 2014 | 31 October 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of notices creating detached courts, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 859 of 2014 | 31 October 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Annexation of district of Lehurutshe to be part of Zeerust sub-district, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 856 of 2014 | 31 October 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Districts and sub-districts for the implementation of rules on mediation, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 855 of 2014 | 31 October 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Fees payable to mediators and the qualifications, standards and levels of mediators, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 854 of 2014 | 31 October 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Determination of conditions of authorisation in terms of section 15(2A), 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 465 of 2014 | 13 June 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Determination of monetary jurisdiction for causes of action in respect of courts for districts, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 217 of 2014 | 27 March 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Determination of monetary jurisdiction for causes of action in respect of regional divisions, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 216 of 2014 | 27 March 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of sub-districts and the appointment of places the holding of courts, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 121 of 2014 | 20 February 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of magisterial districts and establishment of district courts for Gauteng and North West Provinces, 2014
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 43 of 2014 | 24 January 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of Notices Creating Magisterial Districts and Establishing District Courts for Gauteng and North West Provinces
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 42 of 2014 | 24 January 2014 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Withdrawal of Government Notice 670 of 24 August 2012 and appointment of a place within the district of Mossel Bay for the holding of court, 2013
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 883 of 2013 | 22 November 2013 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of sub-districts and appointment of places for the holding of courts, 2013
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 290 of 2013 | 12 April 2013 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Palm Ridge as a place for holding of a court for the District of Alberton, 2012
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 617 of 2012 | 3 August 2012 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of sub-districts and appointment of places for the holding of courts, 2011
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 777 of 2011 | 20 September 2011 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Establishment of courts for regional divisions for the adjudication of certain civil disputes, appointment of places for the holding of courts, local limits of jurisdiction, and determination of monetary jurisdiction, 2013
Repealed
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 670 of 2010 | 29 July 2010 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Increasing the and decreasing local limits: Bronkhorstspruit and Mkobola, 2010
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 669 of 2010 | 29 July 2010 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of sub-districts and appointment of places for the holding of courts, 2009
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 776 of 2009 | 24 July 2009 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Determination of benefits of magistrates who have to dispose of cases after vacating the office of magistrate, 2009
Repealed
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice R423 of 2009 | 17 April 2009 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of places for the holding of a court, 2007
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1180 of 2007 | 14 December 2007 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Motherwell as a place for the holding of a court for the district of Port Elizabeth, 2007
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 58 of 2007 | 2 February 2007 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Appointment of Rietfontein as a place for the holding of a periodical court for the district of Gordonia, 2006
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 1151 of 2006 | 24 November 2006 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Creation of an administrative region for administrative purposes, 2003
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|
Government Notice 629 of 2003 | 9 May 2003 |
Dispute Resolution and Mediation
·
Environment, Climate and Wildlife
|