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Rules of Court Amended


On Friday, 30 October 2020 the following amendments to the Rules of Court were published in the government gazette in terms of the Rules Board for Courts of Law Act 107 of 1985:



Magistrates’ Courts of South Africa

Amendment of rules regulating the conduct of the proceedings of the Magistrates’ Courts of South Africa as promulgated by RGN740 of 23 August 2010 as amended.

The amendments relate to:

o Substitution of subrule (2) and (7) of Rule 5 – Summons.

o Insertion of subrule (5A), substitution of subrules (6) and (10) of Rule 33 – Costs.

o Substitution of subrule (2) of Rule 76 – Functions and duties of clerks and registrars.

o Substitution of subrule (2) and delection of subrule (3) of Rule 84 – Fees of mediators.

o Repeal of Rule 86 ­– Accreditation of mediators.

o Substitution of paragraph 6 and insertion of paragraph 18 in Part I (General Provisions) of Table A (Costs) of Annexure 2 (SCALE OF COSTS AND FEES).

o Part III (Defended Actions (and Interpleader Proceedings) of Table A (Costs) of Annexure 2 (SCALE OF COSTS AND FEES).

o Part IV (other Matters) of Table A (Costs) of Annexure 2 (SCALE OF COSTS AND FEES).

o Substitution of Mediation Form Med-6 and the deletion of Mediation Form Med-7 in Annexure 3 (Mediation Forms).

The gazette reference is RGN1156 GG 43856 p39 30Oct2020 and the amendment notice can be viewed at:

https://www.gov.za/sites/default/files/gcis_document/202010/43856rg11190gon1156.pdf

The new amendments come into effect on 1 December 2020.

High Court of South Africa

Amendment of the Rules Regulating the conduct of the proceedings of the Several Provincial and Local Divisions of the High Court of South Africa as promulgated by RGN48 of 12 January 1965 as amended.

The Amendments relate to:

o Substitution of Rule 35 - Discovery, inspection and production of documents.

o Substitution of Rule 45A - Suspension of orders by the court.

o Substitution of Rule 65 - Commissioners of the court.

o Substitution of Rule 67 - Tariff of court fees.

o Subtitution for item 16 of Rule 68 – Tariff for sheriffs.

o Insertion of subrule 6 in Rule 69 – Tariff of maximum fees for advocates on party and party basis in certain civil matters.

o Deletion of item 4 of Section D of Rule 70 – Taxation and tariff of fees of attorneys.

The gazette reference is RGN1157 GG 43856 p68 30Oct2020 and the amendment notice can be viewed at https://www.gov.za/sites/default/files/gcis_document/202010/43856rg11190gon1157.pdf

The new amendments will come into effect on 1 December 2020.

Supreme Court of Appeal

Amendment of the Rules Regulating the conduct of the proceedings of the Supreme Court of Appeal of South Africa as promulgated in RGN1523 of 27 November 1998 as amended.

Amendments relate to:

o Substitution of subrule (1) of Rule 11 ­– Powers of the President or the Court.

o Substitution of subrules (1) and (2) of Rule 13 – Set-down.

o Substitution of subrules (1), (3) , (4), (5), (6) and (7) of Rule 17 – Taxation of costs.

The gazette reference is: RGN1158 GG 43856 p82 30Oct2020.

View the gazette notice at https://www.gov.za/sites/default/files/gcis_document/202010/43856rg11190gon1158.pdf

The new amendments will be effective from 1 December 2020.

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