• Adami Geldenhuys

Recent Amendments to Court Rules and Practice Directives


The following new court rules were published on 3 June 2022 in government gazette 46475 in terms of the Rules Board for Courts of Law Act 107 of 1985:


Amendments to Court Rules


Supreme Court of Appeal of South Africa


Amendment of the rules (RGN 523 of 27 November 1998 as amended) regulating the conduct of the proceedings of the Supreme Court of Appeal of South Africa. The amendments refer to the following Rules:

  • Amendment of Rule 15 (In forma pauperis) by the substitution of the heading for the following heading: “Legal assistance to indigent persons”, and the substitution of subrules (1), (2), (3), (5).

  • Substitution of Rule 18 relating to Attorneys Fees.

The amendments will come into effect on 8 July 2022.

RGN2135 GG 46475 p164 3Jun2022

https://www.gov.za/sites/default/files/gcis_document/202206/46475rg11441gon2135.pdf


High Court of South Africa


Amendment of the rules (RGN48 of 12 January 1965 as amended) regulating the conduct of the proceedings of the Several Provincial and Local Division of the High Court of South Africa. The amendments refer to the following Rules:

  • Rule 6 (Applications)

  • Rule 30A (Non-compliance with rules)

  • Rule 37 (Pre-trial conference)

  • Proposed Rule 37B (Administrative Archiving)

  • Insertion of Rule 38A: Referral of particular matters for investigation by referee.

  • Rule 40 (In forma pauperis) by the substitution of the heading by “Leading assistance to indigent persons” and rule.

  • Rule 62 (Filing, preparation and inspection of documents)

  • Rule 68 (Tariff for sheriffs)

  • Rule 70 (Taxation and tariff of fees of attorneys)

The amendments will come into effect on 8 July 2022.

RGN2133 GG 46475 p13 3Jun2022

https://www.gov.za/sites/default/files/gcis_document/202206/46475rg11441gon2133.pdf


Magistrates' Courts of South Africa


Rules Board for Courts of Law Act 107 of 1985: Amendment of the rules (RGN740 in GG 33487 of 23 August 2010) regulating the conduct of the proceedings of the Magistrates’ Courts of South Africa. The amendments refer to the following Rules:

  • Rule 5 (Summons)

  • Rule 43 (Execution against immovable property)

  • Rule 67 (Criminal appeals)

  • Annexure 1 – Substitution of Forms 2B(Combined Summons) and 2C (Combine Summons – Divorce Matters)

  • Annexure 2 – Substitution of Annexure 2 (Scale of Costs and Fees) Tables A and B.

The amendments will come into effect on 8 July 2022.

RGN2134 GG 46475 p59 3Jun2022

https://www.gov.za/sites/default/files/gcis_document/202206/46475rg11441-gon2134.pdf

The following new Practice Directions were recently published :


Practice Directions


High Court of South Africa, Gauteng Division, Johannesburg

High Court of South Africa, Limpopo Division, Polokwane


Judge President’s Directive No 6 / 2022. 2 June 2022.

“I accordingly direct that the Limpopo Division of the High Court reverts to the previous dispensation where the Registrar should grant default judgments in terms of Rule 31(5) in matters pertaining to the National Credit Act 34 of 2005, save in those special cases involving residential property (i.e. where Rule 46 is applicable).”

W.e.f. 7 June 2022.


Western Cape High Court Practice Directives - replacement and additions.

Due to the end of [the] National State of Disaster in April 2022, the current Western Cape Practice Directives required certain amendments to and additions to align our Courts practices to take into account the evolving changes to the court environment."

W.e.f. 1 June 2022.



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