Superior Courts Act, 2013
Act 10 of 2013
- Published in Government Gazette 36743 on 12 August 2013
- Assented to on 12 August 2013
- There are multiple commencements
- [This is the version of this document from 3 April 2024.]
Provisions | Status |
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Chapter 1 (section 1–3); Chapter 2 (section 4–7); Chapter 3 (section 8–11); Chapter 4 (section 12–14); Chapter 5 (section 15–20); Chapter 6 (section 21–28); Chapter 7, section 30; Chapter 8, Part 1 (section 31–33); Part 2, section 34–36, section 38–41; Part 3, section 42–44, section 46–49; Chapter 9 (section 50–56) |
commenced on 23 August 2013
by Proclamation R36 of 2013.
Note: Item 11 of Schedule 1 in so far as it repeals section 16 of Act 13 of 1995, and Item 1.1 of Schedule 2 not yet commenced |
Chapter 6, section 23A | commenced on 11 March 2019. |
Chapter 8, Part 2, section 37A–37C | commenced on 5 August 2022. |
Chapter 5, section 18(4)(a)–(b) | commenced on 3 April 2024. |
Chapter 7, section 29; Chapter 8, Part 2, section 37; Part 3, section 45 | not yet commenced. |
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Courts of Law Amendment Act, 2017 (Act 7 of 2017) on 11 March 2019]
- [Amended by Criminal and Related Matters Amendment Act, 2021 (Act 12 of 2021) on 5 August 2022]
- [Amended by Domestic Violence Act, 1998 (Act 116 of 1998) on 14 April 2023]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
Chapter 1
Introductory provisions
1. Definitions
In this Act, unless the context otherwise indicates—"appeal" in Chapter 5, does not include an appeal in a matter regulated in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or in terms of any other criminal procedural law;"business day" means a day that is not a public holiday, Saturday or Sunday;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the Department responsible for the administration of justice;"Director-General" means the Director-General of the Department;"Division" means any Division of the High Court;"full court", in relation to any Division, means a Court consisting of three judges;"head of court", in relation to—(i)the Constitutional Court, means the Chief Justice;(ii)the Supreme Court of Appeal, means the President of that Court;(iii)any Division of the High Court, means the Judge President of that Division; and(iv)any court of a status similar to the High Court, the most senior judge of such court;"High Court" means the High Court of South Africa referred to in section 6(1);"judicial officer" means any person referred to in section 174(1) of the Constitution;"Judicial Service Commission" means the Judicial Service Commission referred to in section 178 of the Constitution;"Magistrates’ Court" means any court established in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944);"Minister" means the Cabinet member responsible for the administration of justice;"plaintiff" includes any applicant or other party who seeks relief in civil proceedings;"prescribed" means prescribed by regulation made in terms of this Act;"President" means the President of the Republic of South Africa;"registrar" means the registrar of the Constitutional Court, the Supreme Court of Appeal or any Division of the High Court, as the case may be, and includes an assistant registrar;"rules" means the applicable rules of court;"Rules Board" means the Rules Board for Courts of Law, established by the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);"Secretary-General" means the head of the Office of the Chief Justice, referred to in Column 2 of Schedule 1 to the Public Service Act, 1994 (Proclamation No. 103 of 1994);"Superior Court" means the Constitutional Court, the Supreme Court of Appeal, the High Court and any court of a status similar to the High Court;"this Act" includes any regulation.2. Objects and interpretation of Act
3. Introduction of legislation dealing with court structures
The Minister must be consulted prior to the introduction in Parliament, by a person other than the Minister, of any bill—Chapter 2
Constitutional Court, Supreme Court of Appeal and High Court of South Africa
4. Constitution and seat of Constitutional Court
5. Constitution and seat of Supreme Court of Appeal
6. Constitution of High Court of South Africa
7. Circuit Courts
Chapter 3
Governance and administration of all courts
8. Judicial management of judicial functions
9. Access to courts, recess periods and attendance at courts
10. Finances
Expenditure in connection with the administration and functioning of the Superior Courts must be defrayed from moneys appropriated by Parliament.11. Appointment of officers and staff
Chapter 4
Manner of arriving at decisions by Superior Courts
12. Manner of arriving at decisions by Constitutional Court
13. Manner of arriving at decisions by Supreme Court of Appeal
14. Manner of arriving at decisions by Divisions
Chapter 5
Orders of constitutional invalidity, appeals and settlement of conflicting decisions
15. Referral of order of constitutional invalidity to Constitutional Court
16. Appeals generally
17. Leave to appeal
18. Suspension of decision pending appeal
19. Powers of court on hearing of appeals
The Supreme Court of Appeal or a Division exercising appeal jurisdiction may, in addition to any power as may specifically be provided for in any other law—20. Settlement of conflicting decisions in civil cases
Whenever a decision on a question of law is given by a court of a Division which is in conflict with a decision on the same question of law given by a court of any other Division, the Minister may submit such conflicting decisions to the Chief Justice, who must cause the matter to be argued before the Constitutional Court or the Supreme Court of Appeal, as the case may be, in order to determine the said question of law for guidance.Chapter 6
Provisions applicable to High Court only
21. Persons over whom and matters in relation to which Divisions have jurisdiction
22. Grounds for review of proceedings of Magistrates’ Court
23. Judgment by default
A judgment by default may be granted and entered by the registrar of a Division in the manner and in the circumstances prescribed in the rules, and a judgment so entered is deemed to be a judgment of a court of the Division.23A. Rescission of judgment with consent of plaintiff or where judgment debt has been paid
24. Time allowed for appearance
The time allowed for entering an appearance to a civil summons served outside the area of jurisdiction of the Division in which it was issued, shall be not less than—25. Circumstances in which security for costs shall not be required
If a plaintiff in civil proceedings in a Division resides within the Republic, but outside the area of jurisdiction of that Division, he or she shall not by reason only of that fact be required to give security for costs in those proceedings.26. Disposal of records and execution of judgments of Circuit Courts
27 Removal of proceedings from one Division to another or from one seat to another in same Division
28. Prohibition on attachment to found jurisdiction within Republic
No attachment of property to found jurisdiction shall be ordered by a Division against a person who is resident in the Republic.Chapter 7
Rules of court
29. Rules of Constitutional Court
30. Rules of Supreme Court of Appeal and High Court
Chapter 8
General provisions applicable to all Superior Courts
Part 1 – Nature of courts
31. Nature of courts and seals
32. Proceedings to be carried on in open court
Save as is otherwise provided for in this Act or any other law, all proceedings in any Superior Court must, except in so far as any such court may in special cases otherwise direct, be carried on in open court.33. More than one court may sit at same time
The Supreme Court of Appeal and any Division may at any time sit in so many courts constituted in the manner provided for in this Act or any other applicable law as the available judges may allow.Part 2 – Adducing of evidence and procedural matters
34. Certified copies of court records admissible as evidence
Whenever a judgment, order or other record of any Superior Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, order or other record duly certified as such by the registrar of that court under its seal shall be prima facie evidence thereof without proof of the authenticity of such registrar’s signature.35. Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
36. Manner in which witness may be dealt with on refusal to give evidence or produce documents
37. Witness fees
37A. Evidence through intermediaries in proceedings other than criminal proceedings
37B. Oath and competency of intermediaries
37C. Evidence through remote audiovisual link in proceedings other than criminal proceedings
38. Reference of particular matters for investigation by referee
39. Examination by interrogatories
40. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries
41. Court may order removal of certain persons
Part 3 – Process of Superior Courts
42. Scope and execution of process
43. Execution of process by sheriff
44. Electronic transmission of summonses, writs and other process
[heading amended by section 40(a) of Act 8 of 2017]45. Property not liable to be seized in execution
The sheriff or a deputy-sheriff may not seize in execution of any process such belongings of the debtor as prescribed, but the Court concerned may in exceptional circumstances and on such conditions as it may determine, in its discretion allow a specific deviation from the prescribed provisions.46. Offences relating to execution
Any person who—47. Issuing of summons or subpoena in civil proceedings against judge
48. Acting judges of Superior Courts
Any person who has been appointed as an acting judge of a Superior Court must be regarded as having been appointed also for any period during which he or she is necessarily engaged in the disposal of any proceedings in which he or she has participated as such a judge, including an application for leave to appeal that has not yet been disposed of at the expiry of his or her period of appointment.49. Regulations
Chapter 9
Transitional provisions, amendment and repeal of laws, and commencement
50. Existing High Courts
51. Rules in existence immediately before commencement of Act
The rules applicable to the Constitutional Court, Supreme Court of Appeal and the various High Courts immediately before the commencement of this section remain in force to the extent that they are not inconsistent with this Act, until repealed or amended.52. Pending proceedings when Act commences
53. References in other laws
Any reference in any law—54. Financial accountability
55. Repeal and amendment of laws
56. Short title and commencement
This Act is called the Superior Courts Act, 2013, and comes into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 this version
14 April 2023
05 August 2022
11 March 2019
02 August 2017
23 August 2013
Note: Item 11 of Schedule 1 in so far as it repeals section 16 of Act 13 of 1995, and Item 1.1 of Schedule 2 not yet commenced
12 August 2013
Uncommenced provisions
-
Chapter 7 – Rules of court
Note: this provision has some subprovisions that have already come into force.Chapter 7
Rules of court29. Rules of Constitutional Court
(1)The Chief Justice, after consultation with the Minister, makes rules relating to the manner in which the Constitutional Court may be engaged in any matter, including the matters referred to in section 172 of the Constitution, and all matters relating to the proceedings of and before the Court. (2)The Minister must table every rule and every amendment or repeal thereof in Parliament at least 30 days before the publication thereof. (3)The rules must, when it is in the interests of justice and with the leave of the Court, allow a person— (a)to bring a matter directly to the Court; or (b)to appeal directly to the Court from any other court. 30. Rules of Supreme Court of Appeal and High Court
(1)Rules for the Supreme Court of Appeal, the High Court and the Magistrates’ Courts are made in accordance with the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985). (2)The provisions of section 29(2) and (3) also apply to rules referred to in subsection (1). -
29. Rules of Constitutional Court
29. Rules of Constitutional Court
(1)The Chief Justice, after consultation with the Minister, makes rules relating to the manner in which the Constitutional Court may be engaged in any matter, including the matters referred to in section 172 of the Constitution, and all matters relating to the proceedings of and before the Court. (2)The Minister must table every rule and every amendment or repeal thereof in Parliament at least 30 days before the publication thereof. (3)The rules must, when it is in the interests of justice and with the leave of the Court, allow a person— (a)to bring a matter directly to the Court; or (b)to appeal directly to the Court from any other court. -
Chapter 8 – General provisions applicable to all Superior Courts
Note: this provision has some subprovisions that have already come into force.Chapter 8
General provisions applicable to all Superior CourtsPart 1 – Nature of courts
31. Nature of courts and seals
(1)Every Superior Court is a court of record. (2)Every Superior Court must have for use, as occasion may require, a seal of such design as may be prescribed by the President by proclamation in the Gazette. (3)The seal of a Superior Court must be kept in the custody of the Registrar. 32. Proceedings to be carried on in open court
Save as is otherwise provided for in this Act or any other law, all proceedings in any Superior Court must, except in so far as any such court may in special cases otherwise direct, be carried on in open court.33. More than one court may sit at same time
The Supreme Court of Appeal and any Division may at any time sit in so many courts constituted in the manner provided for in this Act or any other applicable law as the available judges may allow.Part 2 – Adducing of evidence and procedural matters
34. Certified copies of court records admissible as evidence
Whenever a judgment, order or other record of any Superior Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, order or other record duly certified as such by the registrar of that court under its seal shall be prima facie evidence thereof without proof of the authenticity of such registrar’s signature.35. Manner of securing attendance of witnesses or production of any document or thing in proceedings and penalties for failure
(1)A party to proceedings before any Superior Court in which the attendance of witnesses or the production of any document or thing is required, may procure the attendance of any witness or the production of any document or thing in the manner provided for in the rules of that court. (2)Whenever any person subpoenaed to attend any proceedings as a witness or to produce any document or thing— (a)fails without reasonable excuse to obey the subpoena and it appears from the return of the person who served such subpoena, or from evidence given under oath, that— (i)the subpoena was served upon the person to whom it is directed and that his or her reasonable expenses calculated in accordance with the tariff framed under section 37(1) have been paid or offered to him or her; or (ii)he or she is evading service; or (b)without leave of the court fails to remain in attendance, the court concerned may issue a warrant directing that he or she be arrested and brought before the court at a time and place stated in the warrant or as soon thereafter as possible.(3)A person arrested under any such warrant may be detained thereunder in any prison or other place of detention or in the custody of the person who is in charge of him or her, with a view to securing his or her presence as a witness or production of any document or thing at the proceedings concerned: Provided that any judge of the court concerned may release him or her on a recognisance with or without sureties to attend as a witness or to produce any document or thing as required. (4)Any person subpoenaed to attend any proceedings as a witness or to produce any document or thing who fails without reasonable excuse to obey such subpoena, is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months. (5)If a person who has entered into any recognisance in terms of subsection (3) to attend such proceedings as a witness or to produce any document or thing fails without reasonable excuse so to attend or to produce such document or thing, he or she forfeits his or her recognisance and is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months. 36. Manner in which witness may be dealt with on refusal to give evidence or produce documents
(1)Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section 35 or who is present and is verbally required by the Superior Court concerned to give evidence in any proceedings— (a)refuses to take an oath or to make an affirmation; (b)having taken an oath or having made an affirmation, refuses to answer such questions as are put to him or her; or (c)refuses or fails to produce any document or thing which he or she is required to produce, without any just excuse for such refusal or failure, the court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to prison unless the person consents to do what is required of him or her before he or she is so committed to prison.(2)If any person referred to in subsection (1) again refuses at the resumed hearing of the proceedings to do what is so required of him or her, the court may again adjourn the proceedings and commit him or her for a like period and so again from time to time until such person consents to do what is required of him or her. (3)Nothing contained in this section prevents the court from giving judgment in any matter or otherwise disposing of the proceedings according to any other sufficient evidence taken. (4)No person is bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it in court. (5)When a subpoena is issued to procure the attendance of any person as a witness or to produce any book, paper or document in any proceedings, and it appears that— (a)he or she is unable to give any evidence or to produce any book, paper or document which would be relevant to any issue in such proceedings; or (b)such book, paper or document could properly be produced by some other person; or (c)to compel him or her to attend would be an abuse of the process of the court, any judge of the court concerned may, notwithstanding anything contained in this section, after reasonable notice by the Registrar to the party who sued out the subpoena and after hearing that party in chambers if he or she appears, make an order cancelling such subpoena.37. Witness fees
(1)The Minister may, in consultation with the Minister of Finance, by notice in the Gazette prescribe a tariff of allowances which must be paid to a witness in civil proceedings or to any person who is to accompany any such witness on account of the youth or infirmity due to old age or any disability of such witness. (2)Such notice may differentiate between persons according to— (a)the distances which they have to travel to attend the court to which they are summoned or subpoenaed; or (b)their professions, callings or occupations, and may empower such officers in the service of the State as may be specified therein to order payment of allowances in accordance with a higher tariff than the tariff so prescribed in cases where payment of allowances in accordance with the prescribed tariff may cause undue hardship.(3)Notwithstanding any other law, a Superior Court may order that no allowances or only a portion of the allowances prescribed shall be paid to any witness. 37A. Evidence through intermediaries in proceedings other than criminal proceedings
(1)A Superior Court may, on application by any party to proceedings, other than criminal proceedings before the court, or of its own accord and subject to subsection (4), appoint a competent person as an intermediary in order to enable a witness— (a)under the biological or mental age of 18 years; (b)who suffers from a physical, psychological, mental or emotional condition; or (c)who is an older person as defined in section 1 of the Older Persons Act, 2006 (Act No. 13 of 2006), to give his or her evidence through that intermediary, if it appears to that court that the proceedings would expose such a witness to undue psychological, mental or emotional stress, trauma or suffering if he or she testifies at such proceedings.(2) (a)No examination, cross-examination or re-examination of any witness in respect of whom a court has appointed an intermediary, except examination by the court, may take place in any manner other than through that intermediary. (b)The intermediary may, unless the court directs otherwise, convey the general purport of any question to the relevant witness. (3)If a court appoints an intermediary in terms of subsection (1), the court may direct that the relevant witness gives his or her evidence at any place— (a)which is informally arranged to set that witness at ease; (b)which is so situated that any person whose presence may upset that witness, is outside the sight and hearing of that witness; and (c)which enables the court and any person whose presence is necessary at the relevant proceedings to see and hear, either directly or through the medium of any electronic or other devices, that intermediary, as well as that witness, during his or her testimony. (4) (a)The Minister may, by notice in the Gazette, determine the persons or the category or class of persons who are competent to be appointed as intermediaries. (b)An intermediary appearing at proceedings in terms of this section who is not in the full-time employment of the State must be paid such travelling and subsistence and other allowances in respect of the services rendered by him or her as is prescribed by the rules made— (i)by the Rules Board for Courts of Law under the Rules Board for Courts of Law Act, 1985, in respect of the High Court; or (ii)in terms of section 29 of this Act, in respect of the Constitutional Court. (5) (a)A court must provide reasons for refusing any application for the appointment of an intermediary, immediately upon refusal, which reasons must be entered into the record of the proceedings. (b)A court may, on application by a party affected by the refusal contemplated in paragraph (a), and if it is satisfied that there is a material change in respect of any fact or circumstance that influenced that refusal, review its decision. (6)An intermediary referred to in subsection (1) may be summoned to appear in court on a specified date and at a specified place and time to act as an intermediary. (7)If, at the commencement of or at any stage before the completion of the proceedings concerned, an intermediary appointed by the court is for any reason absent, becomes unable to act as an intermediary, in the opinion of the court, or dies, the court may, in the interests of justice and after due consideration of the arguments put forward by the parties— (a)postpone the proceedings in order to obtain the intermediary’s presence; (b)summons the intermediary to appear before the court to advance reasons for being absent; (c)direct that the appointment of the intermediary be revoked and appoint another intermediary; or (d)direct that the appointment of the intermediary be revoked and that the proceedings continue in the absence of an intermediary. (8)The court must immediately give reasons for any direction or order referred to in subsection (7)(c) or (d), which reasons must be entered into the record of the proceedings. [section 37A inserted by section 18 of Act 12 of 2021]37B. Oath and competency of intermediaries
(1)Subject to subsection (3), any person who is competent to be appointed as an intermediary in terms of section 37A(4) of this Act must, before commencing with his or her functions in terms of section 37A, take an oath or make an affirmation subscribed by him or her, in the form set out below, before the judicial officer presiding over the proceedings:‘I, ________________________ do hereby swear/truly affirm that, whenever I may be called upon to perform the functions of an intermediary, I shall truly and correctly, to the best of my knowledge and ability— (a)perform my functions as an intermediary; and (b)convey properly and accurately all questions put to witnesses and, where necessary, convey the general purport of any question to the witness, unless directed otherwise by the court’. (2) (a)Subject to subsection (3), before a person is appointed to perform the functions of an intermediary in a Superior Court, the judicial officer presiding over the proceedings must enquire into the competence of the person to be appointed as an intermediary. (b)The enquiry contemplated in paragraph (a) must include, but is not limited to, the person’s— (i)fitness as a person to be an intermediary; (ii)experience, which has a bearing on the role and functions of an intermediary; (iii)qualifications; (iv)knowledge, which has a bearing on the role and functions of an intermediary; (v)language and communication proficiency; and (vi)ability to interact with a witness under the biological or mental age of 18 years or a witness who suffers from a physical, psychological, mental or emotional condition, or a witness who is an older person as defined in section 1 of the Older Persons Act, 2006. (3) [section 37B inserted by section 18 of Act 12 of 2021](a)The head of a court may, at his or her discretion and after holding an enquiry contemplated in subsection (2), issue a certificate in the form prescribed by the Minister by notice in the Gazette, to a person whom he or she has found to be competent to appear as an intermediary in a Superior Court. (b)Before the head of a court issues a certificate referred to in paragraph (a), he or she must cause the person who has been found competent to be appointed as an intermediary, to take the oath or make the affirmation referred to in subsection (1) and must endorse the certificate with a statement of the fact that it was taken or made before him or her and of the date on which it was so taken or made and append his or her signature thereto. (c)A certificate contemplated in paragraph (a) may be accepted as proof— (i)of the competency of a person to be appointed as an intermediary; and (ii)of the fact that the person has taken the oath or made the affirmation contemplated in subsection (1), for purposes of this section, in any subsequent proceedings in terms of this Act, before a Superior Court and it is not necessary for the presiding judicial officer presiding over the proceedings in question to administer the oath or affirmation or to hold an enquiry into the competence of the person to be appointed as an intermediary.(d)Paragraph (c) must not be construed as prohibiting a judicial officer who presides over proceedings in a Superior Court from holding an enquiry, at any stage of proceedings, regarding the competence of a person to act as an intermediary. 37C. Evidence through remote audiovisual link in proceedings other than criminal proceedings
(1)A Superior Court may, on application by any party to proceedings before that court or of its own accord, order that a witness, irrespective of whether the witness is in or outside the Republic, if the witness consents thereto, give evidence by means of audiovisual link. (2)A court may make an order contemplated in subsection (1) only if— (a)it appears to the court that to do so would— (i) (aa)prevent unreasonable delay; (bb)save costs; (cc)be convenient; or (dd)prevent the likelihood that any person might be prejudiced or harmed if he or she testifies or is present at such proceedings; and (ii)otherwise be in the interests of justice; (b)facilities therefor are readily available or obtainable at the court; and (c)the audiovisual facilities that are used by the witness or at the court enable— (i)persons at the courtroom to see, hear and interact with the witness giving evidence; and (ii)the witness who gives evidence to see, hear and interact with the persons at the courtroom. (3)The court may make the giving of evidence in terms of subsection (1) subject to such conditions as it may deem necessary in the interests of justice. (4)The court must provide reasons for— (a)allowing or refusing an application by any of the parties; or (b)its order and any objection raised by the parties against the order, as contemplated in subsection (1). (5)For purposes of this Act, a witness who gives evidence by means of audiovisual link, is regarded as a witness who was subpoenaed to give evidence in the court in question. (6)For purposes of this section 'audiovisual link' means facilities that enable both audio and visual communications between a witness and persons at a courtroom in real-time as they take place. [section 37C inserted by section 18 of Act 12 of 2021]38. Reference of particular matters for investigation by referee
(1)The Constitutional Court and, in any civil proceedings, any Division may, with the consent of the parties, refer— (a)any matter which requires extensive examination of documents or a scientific, technical or local investigation which in the opinion of the court cannot be conveniently conducted by it; or (b)any matter which relates wholly or in part to accounts; or (c)any other matter arising in such proceedings, for enquiry and report to a referee appointed by the parties, and the court may adopt the report of any such referee, either wholly or in part, and either with or without modifications, or may remit such report for further enquiry or report or consideration by such referee, or make such other order in regard thereto as may be necessary or desirable.(2)Any such report or any part thereof which is adopted by the court, whether with or without modifications, shall have effect as if it were a finding by the court in the proceedings in question. (3)Any such referee shall for the purpose of such enquiry have such powers and must conduct the enquiry in such manner as may be prescribed by a special order of the court or by the rules of the court. (4)For the purpose of procuring the attendance of any witness (including any witness detained in custody under any law) and the production of any document or thing before a referee, an enquiry under this section shall be deemed to be civil proceedings. (5) (a)Any person summoned to attend as a witness or to produce any document or thing before a referee and who, without sufficient cause— (i)fails to attend at the time and place specified; (ii)fails to remain in attendance until the conclusion of the enquiry or until he or she is excused by the referee from further attendance; (iii)refuses to take an oath or to make an affirmation as a witness; or (iv)having taken an oath or made an affirmation, fails to— is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.(aa)answer fully and satisfactorily any question put to him or her; or (bb)produce any document or thing in his or her possession or custody, or under his or her control, which he or she was summoned to produce, (b)Any person who, after having taken an oath or having made an affirmation, gives false evidence before a referee at an enquiry, knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalties prescribed by law for perjury. (6)Any referee is entitled to such remuneration as may be prescribed by the rules or, if no such remuneration has been so prescribed, as the court may determine and to any reasonable expenditure incurred by him or her for the purposes of the enquiry, and any such remuneration and expenditure must be taxed by the taxing master of the court and shall be costs in the cause. 39. Examination by interrogatories
(1)The Constitutional Court and, in connection with any civil proceedings pending before it, any Division, may order that the evidence of a person be taken by means of interrogatories if— (a)in the case of the Constitutional Court, the court deems it in the interests of justice; or (b)in the case of a Division, that person resides or is for the time being outside the area of jurisdiction of the court. (2)Whenever an order is made under subsection (1), the registrar of the court must certify that fact and transmit a copy of his or her certificate to a commissioner of the court, together with any interrogatories duly and lawfully framed which it is desired to put to the said person and the fees and the amount of the expenses payable to the said person for his or her appearance as hereinafter provided. (3)Upon receipt of the certificate, the interrogatories and the amounts contemplated in subsection (2), the commissioner must, in respect of the person concerned— (a)summon that person to appear before him or her; (b)upon his or her appearance, take that person’s evidence as if he or she was a witness in a civil case in the said court; (c)put to him or her the said interrogatories, with any other questions calculated to obtain full and true answers to the said interrogatories; (d)take down or cause to be taken down the evidence so obtained; and (e)transmit the evidence, certified as correct, to the registrar of the court wherein the proceedings in question are pending. (4)The commissioner must further transmit to the said registrar a certificate showing the amount paid to the person concerned in respect of the expenses of his or her appearance, and the cost of the issue and service of the process for summoning such person before him or her. (5)Any person summoned to appear in terms of subsection (3) who without reasonable excuse fails to appear at the time and place mentioned in the summons, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months. (6)Any interrogatories taken and certified under the provisions of this section shall, subject to all lawful exceptions, be received as evidence in the proceedings concerned. 40. Manner of dealing with commissions rogatoire, letters of request and documents for service originating from foreign countries
(1)Whenever a commission rogatoire or letter of request in connection with any civil proceedings received from any state or territory or court outside the Republic, is transmitted to the registrar of a Division by the Director-General of the Department, together with a translation in English if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto without requiring an application to be made to such court by the agents, if any, of the parties to the action or matter, the registrar must submit the same to a judge in chambers in order to give effect to such commission rogatoire or letter of request. (2)Whenever a request for the service on a person in the Republic of any civil process or citation received from any state, territory or court outside the Republic, is transmitted to the registrar of a Division by the Director-General of the Department, together with a translation in English if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto, the registrar must cause service of the said process or citation to be effected in accordance with the rules by the sheriff or a deputy sheriff or any person specially appointed thereto by a judge of the court concerned. (3)The registrar concerned must, after effect has been given to any such commission rogatoire, letter of request, process or citation, return all relevant documents, duly verified in accordance with the rules of court, to the Director-General of the Department for transmission. (4)Except where the Minister directs otherwise, no fees other than disbursements shall be recovered from any state, territory or court on whose behalf any service referred to in this section has been performed. 41. Court may order removal of certain persons
(1)Any person who, during the sitting of any Superior Court— (a)wilfully insults any member of the court or any officer of the court present at the sitting, or who wilfully hinders or obstructs any member of any Superior Court or any officer thereof in the exercise of his or her powers or the performance of his or her duties; (b)wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in the place where the sitting of the court is held; or (c)does anything calculated improperly to influence any court in respect of any matter being or to be considered by the court, may, by order of the court, be removed and detained in custody until the court adjourns.(2)Removal and detention in terms of subsection (1) does not preclude the prosecution in a court of law of the person concerned on a charge of contempt of court. Part 3 – Process of Superior Courts
42. Scope and execution of process
(1)The process of the Constitutional Court and the Supreme Court of Appeal runs throughout the Republic, and their judgments and orders must, subject to any applicable rules of court, be executed in any area in like manner as if they were judgments or orders of the Division or the Magistrates’ Court having jurisdiction in such area. (2)The civil process of a Division runs throughout the Republic and may be served or executed within the jurisdiction of any Division. (3)Any warrant or other process for the execution of a judgment given or order issued against any juristic person, partnership or firm may be executed by attachment of the property or assets of such juristic person, partnership or firm. 43. Execution of process by sheriff
(1)The sheriff must, subject to the applicable rules, execute all sentences, judgments, writs, summonses, rules, orders, warrants, commands and processes of any Superior Court directed to the sheriff and must make return of the manner of execution thereof to the court and to the party at whose instance they were issued. (2)The return of the sheriff or a deputy sheriff of what has been done upon any process of a court, shall be prima facie evidence of the matters therein stated. (3)The sheriff must receive and cause to be detained all persons arrested by order of the court or committed to his or her custody by any competent authority. (4)A refusal by the sheriff or a deputy sheriff to do any act which he or she is by law required to do, is subject to review by the court concerned on application ex parte or on notice as the circumstances may require. 44. Electronic transmission of summonses, writs and other process
[heading amended by section 40(a) of Act 8 of 2017](1) (a)In any civil proceedings, any summons, writ, warrant, rule, order, notice, document or other process of a Superior Court, or any other communication which by any law, rule or agreement of parties is required or directed to be served or executed upon any person, or left at the house or place of abode or business of any person, in order that such person may be affected thereby, may be transmitted by facsimile, or by means of any other electronic medium, to the person who must serve or execute such process or communication. (b)The document received or printed as a result of the transmission contemplated in paragraph (a) is of the same force and effect as the original thereof. [subsection (1) substituted by section 40(b) of Act 8 of 2017](2)A notice transmitted by facsimile, or any other electronic medium as contemplated in subsection (1)— (a)from any judicial or police officer, registrar, assistant registrar, sheriff, deputy sheriff or clerk of the court; and (b)stating that a warrant or writ has been issued for the arrest or apprehension of any person required to appear in or to answer any civil suit, action or proceeding, is sufficient authority to any officer authorised by law to execute any such warrant or writ for the arrest and detention of such person.[subsection (2) amended by section 40(c) of Act 8 of 2017](3) (a)A person arrested as contemplated in subsection (2) may be detained for the shortest period reasonably necessary, but not exceeding 48 hours, in order to bring the person before a judge of a Superior Court. (b)The judge referred to in paragraph (a) must make an order regarding the attendance by the person in question of any further court proceedings and warn the person that any failure to abide by the order is an offence punishable by a fine or by imprisonment not exceeding one year. (c)Any person who fails to abide by an order referred to in paragraph (b), is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year. 45. Property not liable to be seized in execution
The sheriff or a deputy-sheriff may not seize in execution of any process such belongings of the debtor as prescribed, but the Court concerned may in exceptional circumstances and on such conditions as it may determine, in its discretion allow a specific deviation from the prescribed provisions.46. Offences relating to execution
Any person who—(a)obstructs a sheriff or deputy sheriff in the execution of his or her duty; (b)being aware that goods are under arrest, interdict or attachment by a Superior Court, destroys or disposes of those goods in a manner not authorised by law, or knowingly permits those goods, if in his or her possession or under his or her control, to be destroyed or disposed of in such a manner; (c)being a judgment debtor and being required by a sheriff or deputy sheriff to point out property to satisfy a warrant issued in execution of judgment against that person— (i)falsely declares to the sheriff or deputy sheriff that he or she possesses no property or insufficient property to satisfy the warrant; or (ii)although knowing of such property, neglects or refuses to point out that property or to deliver it to the sheriff or deputy sheriff when requested to do so; or (d)being a judgment debtor, refuses or neglects to comply with any requirement of a sheriff or deputy sheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of immovable property under execution, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.47. Issuing of summons or subpoena in civil proceedings against judge
(1)Except for an application made in terms of the Domestic Violence Act, 1998 (Act No. 116 of 1998), no civil proceedings by way of summons or notice of motion may be instituted against any judge of a Superior Court, and no subpoena in respect of civil proceedings may be served on any judge of a Superior Court, except with the consent of the head of that court or, in the case of a head of court or the Chief Justice, with the consent of the Chief Justice or the President of the Supreme Court of Appeal, as the case may be.[subsection (1) substituted by section 20 of Act 116 of 1998] (2)Where the issuing of a summons or subpoena against a judge to appear in a civil action has been consented to, the date upon which such judge must attend court must be determined in consultation with the relevant head of court. 48. Acting judges of Superior Courts
Any person who has been appointed as an acting judge of a Superior Court must be regarded as having been appointed also for any period during which he or she is necessarily engaged in the disposal of any proceedings in which he or she has participated as such a judge, including an application for leave to appeal that has not yet been disposed of at the expiry of his or her period of appointment.49. Regulations
(1)The Minister may, on the advice of the Chief Justice, make regulations regarding— (a)any matter that may be necessary or expedient to prescribe regarding the administrative functions of courts and the efficient and effective functioning and administration of the courts, including the furnishing of periodical returns of statistics relating to any aspect of the functioning and administration of courts and the performance of judicial functions; (b)the criteria to be applied for determining the number of judges to be appointed to the Supreme Court of Appeal and to any specific Division; (c)any protocol to be observed in respect of any process of consultation required in terms of this Act; (d)the determination of recess periods of the Superior Courts; (e)property not liable to be seized in execution, as contemplated in section 45; (f)the manner in which representatives of the magistracy must be engaged in the application of section 8. (2)Any regulation made under subsection (1) must be submitted to Parliament before publication thereof in the Gazette. -
37. Witness fees
37. Witness fees
(1)The Minister may, in consultation with the Minister of Finance, by notice in the Gazette prescribe a tariff of allowances which must be paid to a witness in civil proceedings or to any person who is to accompany any such witness on account of the youth or infirmity due to old age or any disability of such witness. (2)Such notice may differentiate between persons according to— (a)the distances which they have to travel to attend the court to which they are summoned or subpoenaed; or (b)their professions, callings or occupations, and may empower such officers in the service of the State as may be specified therein to order payment of allowances in accordance with a higher tariff than the tariff so prescribed in cases where payment of allowances in accordance with the prescribed tariff may cause undue hardship.(3)Notwithstanding any other law, a Superior Court may order that no allowances or only a portion of the allowances prescribed shall be paid to any witness. -
45. Property not liable to be seized in execution
45. Property not liable to be seized in execution
The sheriff or a deputy-sheriff may not seize in execution of any process such belongings of the debtor as prescribed, but the Court concerned may in exceptional circumstances and on such conditions as it may determine, in its discretion allow a specific deviation from the prescribed provisions.
Cited documents 17
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Citizenship and Immigration
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Business, Trade and Industry
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Environment, Climate and Wildlife
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Finance and Money
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Human Rights
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International Law
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Labour and Employment
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Environment, Climate and Wildlife
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Human Rights
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Proclamation
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Education
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Documents citing this one 2022
Judgment
1902
Civil Procedure – appeal – lawfulness of the respondents’ Provincial |
Reported
Contract – approach to interpretation – good faith – consent as |
Reported
Rule of law — judicial integrity — vindicating the honour of courts Contempt of court — urgent application — direct access — duty to comply with court orders — first respondent is in contempt of court Appropriate sanction for crime of civil contempt — punitive sanction — unsuspended committal — punitive costs |
Reported
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Reported
Doctrine of res judicata — power to relax doctrine in exceptional circumstances — sections 173 and 39(2) of the Constitution — circumstances in which Court will revisit final judgments in criminal cases
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A court is obliged by law to hear any matter that falls within its |
Gazette
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Dispute Resolution and Mediation
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Finance and Money
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Human Rights
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International Law
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Act
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Human Rights
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Dispute Resolution and Mediation
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Human Rights
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Case summary
2General Notice
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Dispute Resolution and Mediation
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Subsidiary legislation
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Dispute Resolution and Mediation
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Government Notice R3397 of 2023 |
Dispute Resolution and Mediation
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Government Notice R2420 of 2022 |
Dispute Resolution and Mediation
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Government Notice R2419 of 2022 |
Dispute Resolution and Mediation
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Government Notice R2413 of 2022 |
Dispute Resolution and Mediation
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Government Notice R2133 of 2022 |
Dispute Resolution and Mediation
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Government Notice R1603 of 2021 |
Dispute Resolution and Mediation
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General Notice 561 of 2021 |
Dispute Resolution and Mediation
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General Notice 457 of 2021 |
Dispute Resolution and Mediation
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General Notice 412 of 2021 |
Dispute Resolution and Mediation
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General Notice 236 of 2021 |
Dispute Resolution and Mediation
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General Notice 11 of 2021 |
Dispute Resolution and Mediation
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Government Notice R1157 of 2020 |
Dispute Resolution and Mediation
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Government Notice R858 of 2020 |
Dispute Resolution and Mediation
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General Notice 254 of 2020 |
Repealed
Dispute Resolution and Mediation
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General Notice 246 of 2020 |
Dispute Resolution and Mediation
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General Notice 187 of 2020 |
Dispute Resolution and Mediation
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General Notice 62 of 2020 |
Dispute Resolution and Mediation
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Government Notice R107 of 2020 |
Dispute Resolution and Mediation
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Government Notice R1343 of 2019 |
Dispute Resolution and Mediation
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General Notice 401 of 2019 |
Dispute Resolution and Mediation
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General Notice 400 of 2019 |
Dispute Resolution and Mediation
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Government Notice R842 of 2019 |
Dispute Resolution and Mediation
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Government Notice 615 of 2019 |
Dispute Resolution and Mediation
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Government Notice R61 of 2019 |
Dispute Resolution and Mediation
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Government Notice R1318 of 2018 |
Dispute Resolution and Mediation
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Government Notice 408 of 2018 |
Dispute Resolution and Mediation
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Government Notice R1272 of 2017 |
Dispute Resolution and Mediation
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Government Notice R1055 of 2017 |
Dispute Resolution and Mediation
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Government Notice 956 of 2017 |
Dispute Resolution and Mediation
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Government Notice R678 of 2016 |
Dispute Resolution and Mediation
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Government Notice R3 of 2016 |
Dispute Resolution and Mediation
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Government Notice 31 of 2016 |
Dispute Resolution and Mediation
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Government Notice 30 of 2016 |
Dispute Resolution and Mediation
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Government Notice R26 of 2016 |
Dispute Resolution and Mediation
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Government Notice R781 of 2015 |
Dispute Resolution and Mediation
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Government Notice R317 of 2015 |
Dispute Resolution and Mediation
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Government Notice R31 of 2015 |
Dispute Resolution and Mediation
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Government Notice R30 of 2015 |
Dispute Resolution and Mediation
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Government Notice R214 of 2014 |
Dispute Resolution and Mediation
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Government Notice R213 of 2014 |
Dispute Resolution and Mediation
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Government Notice R212 of 2014 |
Dispute Resolution and Mediation
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Government Notice 149 of 2014 |
Dispute Resolution and Mediation
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Government Notice 148 of 2014 |
Dispute Resolution and Mediation
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Government Notice 147 of 2014 |
Dispute Resolution and Mediation
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Government Notice R759 of 2013 |
Dispute Resolution and Mediation
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Government Notice R472 of 2013 |
Dispute Resolution and Mediation
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Government Notice R471 of 2013 |
Dispute Resolution and Mediation
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Government Notice R262 of 2013 |
Dispute Resolution and Mediation
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Government Notice R114 of 2013 |
Dispute Resolution and Mediation
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Government Notice R992 of 2012 |
Dispute Resolution and Mediation
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Government Notice R464 of 2012 |
Dispute Resolution and Mediation
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Government Notice R981 of 2010 |
Dispute Resolution and Mediation
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Government Notice R980 of 2010 |
Dispute Resolution and Mediation
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Government Notice R500 of 2010 |
Dispute Resolution and Mediation
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Government Notice R90 of 2010 |
Dispute Resolution and Mediation
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Government Notice R89 of 2010 |
Dispute Resolution and Mediation
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Government Notice R88 of 2010 |
Dispute Resolution and Mediation
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Government Notice R87 of 2010 |
Dispute Resolution and Mediation
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Government Notice R86 of 2010 |
Dispute Resolution and Mediation
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Government Notice R1345 of 2008 |
Dispute Resolution and Mediation
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Government Notice R1343 of 2008 |
Dispute Resolution and Mediation
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Government Notice R1755 of 2003 |
Dispute Resolution and Mediation
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Government Notice R1088 of 2001 |
Dispute Resolution and Mediation
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Government Notice R373 of 2001 |
Dispute Resolution and Mediation
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Government Notice R849 of 2000 |
Dispute Resolution and Mediation
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Government Notice R502 of 2000 |
Dispute Resolution and Mediation
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Government Notice R1299 of 1999 |
Dispute Resolution and Mediation
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Government Notice R1084 of 1999 |
Dispute Resolution and Mediation
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Government Notice R568 of 1999 |
Dispute Resolution and Mediation
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Government Notice R1723 of 1998 |
Dispute Resolution and Mediation
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Government Notice R1024 of 1998 |
Dispute Resolution and Mediation
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Government Notice R881 of 1998 |
Dispute Resolution and Mediation
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Government Notice R785 of 1998 |
Dispute Resolution and Mediation
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Government Notice R1352 of 1997 |
Dispute Resolution and Mediation
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Government Notice R48 of 1965 |
Dispute Resolution and Mediation
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Government Notice R798 of 1997 |
Dispute Resolution and Mediation
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Government Notice R700 of 1997 |
Dispute Resolution and Mediation
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Government Notice R491 of 1997 |
Dispute Resolution and Mediation
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Government Notice R417 of 1997 |
Dispute Resolution and Mediation
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Government Notice R2047 of 1996 |
Dispute Resolution and Mediation
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Government Notice R1746 of 1996 |
Dispute Resolution and Mediation
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Government Notice R1557 of 1996 |
Dispute Resolution and Mediation
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Government Notice R1063 of 1996 |
Dispute Resolution and Mediation
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Government Notice R873 of 1996 |
Dispute Resolution and Mediation
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Government Notice R411 of 1994 |
Dispute Resolution and Mediation
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Government Notice R181 of 1994 |
Dispute Resolution and Mediation
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Government Notice R2529 of 1993 |
Dispute Resolution and Mediation
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Government Notice R2365 of 1993 |
Dispute Resolution and Mediation
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Government Notice R1843 of 1993 |
Dispute Resolution and Mediation
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Government Notice R1356 of 1993 |
Dispute Resolution and Mediation
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Government Notice R974 of 1993 |
Dispute Resolution and Mediation
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Government Notice R109 of 1993 |
Dispute Resolution and Mediation
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Government Notice R1883 of 1992 |
Dispute Resolution and Mediation
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Government Notice R406 of 1992 |
Dispute Resolution and Mediation
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Government Notice R2845 of 1991 |
Dispute Resolution and Mediation
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Government Notice R2410 of 1991 |
Dispute Resolution and Mediation
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Government Notice R1262 of 1991 |
Dispute Resolution and Mediation
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Government Notice R1929 of 1990 |
Dispute Resolution and Mediation
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Government Notice R185 of 1990 |
Dispute Resolution and Mediation
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Government Notice R2628 of 1989 |
Dispute Resolution and Mediation
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Government Notice R608 of 1989 |
Dispute Resolution and Mediation
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Government Notice R210 of 1989 |
Dispute Resolution and Mediation
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Government Notice R1421 of 1988 |
Dispute Resolution and Mediation
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Government Notice R810 of 1986 |
Dispute Resolution and Mediation
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Government Notice R2094 of 1985 |
Dispute Resolution and Mediation
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Government Notice R1996 of 1984 |
Dispute Resolution and Mediation
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Government Notice R1077 of 1983 |
Dispute Resolution and Mediation
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Government Notice R841 of 1983 |
Dispute Resolution and Mediation
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Government Notice R645 of 1983 |
Dispute Resolution and Mediation
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Government Notice R2171 of 1982 |
Dispute Resolution and Mediation
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Government Notice R1873 of 1982 |
Dispute Resolution and Mediation
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Government Notice R775 of 1982 |
Dispute Resolution and Mediation
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Government Notice R773 of 1982 |
Dispute Resolution and Mediation
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Government Notice R500 of 1982 |
Dispute Resolution and Mediation
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Government Notice R2527 of 1980 |
Dispute Resolution and Mediation
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Government Notice R1535 of 1980 |
Dispute Resolution and Mediation
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Government Notice R1577 of 1979 |
Dispute Resolution and Mediation
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Government Notice R1546 of 1978 |
Dispute Resolution and Mediation
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Government Notice R2365 of 1977 |
Dispute Resolution and Mediation
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Government Notice R2477 of 1976 |
Dispute Resolution and Mediation
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Government Notice R1975 of 1976 |
Dispute Resolution and Mediation
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Government Notice R1816 of 1976 |
Dispute Resolution and Mediation
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Government Notice R767 of 1976 |
Dispute Resolution and Mediation
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Government Notice R1055 of 1970 |
Dispute Resolution and Mediation
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Government Notice R639 of 1975 |
Dispute Resolution and Mediation
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Government Notice R480 of 1973 |
Dispute Resolution and Mediation
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Government Notice R1985 of 1972 |
Dispute Resolution and Mediation
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Government Notice R2021 of 1971 |
Dispute Resolution and Mediation
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Government Notice R3553 of 1969 |
Dispute Resolution and Mediation
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Government Notice R2004 of 1967 |