Mar 11, 2012 what is rule 63 of the high court of sa. Alternatively it was argued that sections 16, 9, 11, 12 and of the slums act are inconsistent with section 26 2 of the constitution of the republic of south africa act 108 of 1996 the constitution. In this schedule the rules means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa published under government notice no. The development bank of southern africa amendment act, act no. Rules of the court constitutional court of south africa. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Cmc woodworking machinery pty ltd v pieter odendaal kitchens kzd unreported case no 68462006, 382012 steyn j. The applicants have not interpreted sasa having regard to all its provisions. The judgment debtor has been advised that in terms of rule 46 1cii of the rules of the high courts of south africa, no writ of execution shall be issued against his or her primary residence home, unless a court. Pursuant to section 51c of the judicature act 1908, her excellency the administrator of the government, acting on the advice and with the consent of the executive council, and with the concurrence of the right honourable the chief justice and at least 2 other members of the rules committee established under section 51b of the judicature act 1908 of whom at least 1 was. In the high court of south africa eastern cape, grahamstown case no 38292009 date heard.
Rules of the high court of namibia gn 591990 as amended government notice ministry of justice government notice no. In the high court of south africa western cape high court, cape town case no. Such issue depended on whether or not the court a quo was satisfied that the applicant had made out a case for the grant of an interim interdict. Applications for permission to access documents, court file, or formal court record other than at hearing stage revoked 3. The legislature, law, case law, legal writers and above all the constitution of south africa proclaiming and entrenching in the latter the right to equality in its sections 1, 9, 7 1, 39 1 a and 36. The amendments of the high court and magistrate court rules were published in government gazette 38399 on 23 january 2015. A recent amendment to the uniform rules of court has opened the doors to the service of court documents using modern electronic technology, including social media platforms. In the superior courts act itself, the word day does not mean a court day but a calendar day. Rules relating to the conduct of conciliation and arbitration labour act 2007. In the high court of south africa western cape division, cape town cape town, friday, the 6th day of march 2015 third division.
Jacob gedleyihlekisa zuma applicant and the national director of public prosecutions respondent and in the matter of an application. Saflii wishes to thank ms alta street supreme court of appeal library, ms tanya hubbard cape high court library and ms ruanne david cape high court registrar for their assitance in setting up this collection. Hi there, uniform rule 63 of the high court of south africa relates to the authentication of documents executed outside the republic for use within the republic here is a link to the. Is one then supposed to stop asking questions like asking for responses to rule 35 3 or asking for further trial particulars. The standard bank of south africa ltd plaintiff and hunkydory investments 188 pty ltd first defendant the national credit regulator second defendant the minister of trade and industry third defendant judgment. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. A meeting with the high court judge to determine whether the matter can be settled.
The standard bank of south africa is, by asset value, the countrys largest commercial bank. One of the issues which the task team was asked to investigate was the rule. The source of procedural rules relating to the magistrates. In the main, the rules regulating high court procedure are to be found in the supreme court act 59 of 1959 and the rules of court. Prayer ii,which is essentially in the alternative, is substantially based upon s28 of the constitution. Reference in this manual to the rules, is a reference to the uniform rules of court in government notice r48 of 12 january 1965 as amended and the transvaal rules. High court rules, 1981 lesotho legal information institute. English system of procedure, although some high court rules are based on common law, for example, the rules relating to provisional sentence. Uniform rules of court1 rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa the chief justice after consultation with the judges president of the several divisions of the supreme court of south africa has, in terms of paragraph a of subsection 2 of section 43 of. Although the facts of the matter and the relevant sequence of events appear from the judgments of the court a quo and the sca, i set out below, for the convenience of this court, a short summary of the most salient facts in their chronological sequence. The worst that can happen is that they refuse to provide the requested information and then you can decide if you really need the.
The civil practice of the high courts and the supreme court. I submit support my contention that this state of affair is wrong, unjust and unconstitutional. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Reference in this manual to the rules, is a reference to the uniform rules of. Civil litigation the south african school of paralegal. Rules and procedures of attorney discipline system i general provisions a jurisdiction. Republic of south africa and by the public administration doing so in a manner that accords with the values and principles set out in the provisions of s1951 of the constitution. Before this court now is an urgent application for interim relief aimed at restraining the commissioner from executing the default judgment and from enforcing or recovering the tax assessment until this court has decided on certain final relief that the applicant intends seeking here. The rules board for courts of law of the republic of south africa the rules board has appointed a superior courts task team the task team to consider various matters relevant to the uniform rules and advise thereon. Rule 63 mainly deals with the authentication of signatures where documents are signed outside of the republic. The jurisdiction of the attorney discipline system shall be as set forth in supreme court rule 371b. High court act, 1990 from pbl 2000f at university of cape town.
In the constitutional court of south africa constitutional court case no. The chief justice after consultation with the judges. Mamela taxi association 1st appellant ndumiso aaron godloza 2nd appellant ntsikelelo mesilane 3rd appellant and mamela taxi rank pty ltd respondent judgment alkema j. I am a former employee of the national prosecuting authority hereafter the npa of the republic of south africa hereafter rsa in the capacity as public prosecutor in terms of the national prosecuting authority act 32 of 1998 hereafter the npa act which sets the qualifications and right of appearance criteria for public. We respectfully submit that the trial court presided over this matter in difficult circumstances. Access to court files, documents, and formal court record in other cases revoked 3. In the final alternative it was argued that the slums act is in conflict with the provisions of the housing act and the pie act.
Practice manual gauteng local division johannesburg february 2018. They fall into the grouping known as the superior courts, which include the high courts, the supreme court of appeal and the constitutional court of south africa. Regional civil court practice directives, 2017, 4th revision 261kb pdf. The civil practice of the supreme court in south africa herbstein and van winsen.
The judgment of the constitutional court followed a further high court application by. Reference in this manual to counsel includes an advocate and an. Conduct of proceedings of several provincial and local divisions. This database contains the rules and practice notes of select superior courts of south africa. It must be read together with government notice 773 of 1995 published in government gazette 16609 on 18 august 1995. Please note that all documentation on the site is in pdf eform format and require acrobat reader to open and read. Afriforum nonprofit company first applicant registration no. It is common cause that this application was brought in the expectation that it would serve as a test case for this court to pronounce on a crucial question. Pdf the south african constitutional court and the rule of law. Conduct of proceedings by a person other than a party. The notice is entitled accession to the convention abolishing the requirement of legislation for foreign public documents to which. Hi philip im happy to help although i have already answered your question you may request any further particulars as may be relevant to the cause of action that you require in order to present a full and proper defence. High court amendment rules 2015 li 2015102 contents new.
Court has frequently relied on this approach, which seems exceptionally apt for purposes of constitutional interpretation. The civil practice of the high courts and the supreme. Hi there, uniform rule 63 of the high court of south africa relates to the. Pursuant to section 51c of the judicature act 1908, her excellency the administrator of the government, acting on the advice and with the consent of the executive council, and with the concurrence of the right honourable the chief justice and at least 2 other members of the rules committee established under section 51b of the judicature act 1908 of whom at least 1 was a judge of the high. Mar 03, 2011 rule 63 of the high court rules and documents executed in namibia a question with which conveyancers and examiners are confronted fairly regularly is whether a document executed in namibia for use in south africa can be authenticated before a notary.
High court act, 1990 under section 39 of the high court act, 1990 act no. High court amendment rules 2015 li 2015102 contents. Amendment of rules regulating the conduct of the supreme court of appeal, high court and magistrates courts of south africa fees with effect from 1 november 2017. Constitution, the south african schools act, 84 of 1996 the schools act or sasa and any applicable national or provincial law. Please download the scanned pdf version of this legislation. It is a fundamental flaw that, in our submission, contributes to their incorrect interpretation of sasa. How to obtain transcripts from the court wits justice project. Gn r1055 gg411422992017 also available in afrikaans and isixhosa. High court rules 2016 li 2016225 as at 09 april 2020.
The chief justice after consultation with the judges president of the several divisions of the supreme court of south africa has, in terms of paragraph a of. The civil practice of the supreme court in south africa herbstein and van winsen 4th ed. They recognised the need for black people to participate and increase their participation within the main stream economy of south africa. Insofar as the rules of court are concerned, the definition therein of court day is expressly limited to the word day 15 where it appears in the rules of court or court orders. The south african judiciary under the leadership of chief justice mogoeng mogoeng introduced judicial case management in the high court. Practice manual of the gauteng local division of the high. In these rules any word or expression to which a meaning has been assigned in the uniform rules shall bear that meaning and, unless the context otherwise indicates. Supreme court of appeal rules means the rules regulating the conduct of the. The director of public prosecutions, gauteng appellant and oscar leonard carl pistorius respondent respondents heads of argument introduction 1.
Rules of the supreme court of the state of new hampshire administrative rules 35 to 59 rule 37a. If i refuse to send a document on the basis that it is not relevant to the pleas, must i still submit my answers under oath. The judge president of the northern cape division of the supreme court of south africa has, in terms of section 43 2 b of the supreme court act, 1959 act 59 of 1959, made the rules regulating the conduct of proceedings of the northern cape division of the supreme court of south africa, as contained in the schedule hereto. Prayeri is substantially based on section 26 of the constitution of the republic of south africa act 108of 1996the constitution.
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