Related documents
- Is commenced by Magistrates' Courts Amendment Act, 1993: Commencement
- Amends Magistrates' Courts Act, 1944
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History of this document
07 January 2000
Commenced by
Magistrates' Courts Amendment Act, 1993: Commencement
Note: Commencement of sections 47-50 and 53, rest of Act to be proclaimed.
20 July 1993 this version
Published in Government Gazette 14986
09 July 1993
Assented to
Cited documents 0
Documents citing this one 14
Gazette
12Judgment
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Reported
A court may only bar future litigation in clear cases of habitual, obviously unsustainable litigation; extra‑curial complaints are not "legal proceedings."
* Civil procedure – vexatious proceedings – s 2(1)(b) Vexatious Proceedings Act 3 of 1956 – meaning of "legal proceedings" and scope post‑Superior Courts Act.
* Labour law – status of bargaining councils/CCMA and extra‑curial bodies – not "courts" for purposes of the Act.
* Constitutional and common law – inherent judicial power (s 173) – limits and requirements for prohibitory orders against vexatious litigants.
* Declaratory relief – claims not identified; no jurisdiction to adjudicate LRA disputes; overly broad declarations impermissible.
* Procedure – requirement for leave to cross‑appeal under uniform rule 16(1)(a).
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Failure to personally canvass the accused's waiver of assessors in a murder trial constituted a fatal irregularity, vitiating proceedings.
Criminal procedure – Assessors – Section 93 ter (1) of the Magistrates' Court Act 32 of 1944 – Requirement for appointment or explicit waiver by accused in murder trials – Failure to confirm waiver personally with accused vitiates proceedings – Fair trial rights – Irregularity leads to setting aside of conviction and sentence.
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