tag:blogger.com,1999:blog-5533239394050954801.post3744308116382449674..comments2018-12-03T09:07:05.999-08:00Comments on The New Magistrates' Court Rules: The Ever Changing Legal FieldEttiennehttp://www.blogger.com/profile/08704098620755751835noreply@blogger.comBlogger80125tag:blogger.com,1999:blog-5533239394050954801.post-5338719436332035102018-12-03T09:07:05.999-08:002018-12-03T09:07:05.999-08:00Dear Mr. Barnard. I've issued notice of motion...Dear Mr. Barnard. I've issued notice of motion - Rei vindicatio for return of motor vehicle, value is less than R100 000,00.<br />Respondent has filed answering affidavit and raised point in limine as follows:<br />"Subject to the provisions of this Act [ sec 29[1][a] of the MCA] and the NCA, 34/2005, a court, in respect of causes of action, shall have jurisdiction in-<br />1. actions in which is claimed the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette. "<br /><br />How to cure this????Anonymoushttps://www.blogger.com/profile/06136956788263017277noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-72652705316436433142018-08-05T04:35:39.646-07:002018-08-05T04:35:39.646-07:00There numerous men and women that are searching fo...There numerous men and women that are searching for a absolutely free reverse cell phone search company, there are lots of totally free <a href="https://www.companyvakil.com/" rel="nofollow">search trademark in India</a> mobile phone search internet sites that just don't work. Lots of the websites usually are inaccurate. Reputable and reliable reverse cell phone lookup solutions are out there you just need to know where to look.<br />Ashar jamal (SEO)https://www.blogger.com/profile/16333017357925947193noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-73794748109893220102018-07-31T03:33:48.803-07:002018-07-31T03:33:48.803-07:00This comment has been removed by the author.Ashar jamal (SEO)https://www.blogger.com/profile/16333017357925947193noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-71987323004989014862017-03-06T21:55:36.178-08:002017-03-06T21:55:36.178-08:00Thank you. I just wanted to know where to ship it ...Thank you. I just wanted to know where to ship it since I know now to keep producing it<br /><br /><a href="http://www.divorceattorneys.co.za/home/servicedetails?kid=amM=&title=Unopposed%20Divorce" rel="nofollow">Divorce Attorneys Pretoria</a><br /><br />Anatswanashehttps://www.blogger.com/profile/15911780577748669970noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-5867276077048731032016-09-06T10:32:04.411-07:002016-09-06T10:32:04.411-07:00Hi Ettienne, I have a matter where a Simple summon...Hi Ettienne, I have a matter where a Simple summons was issued against my client for a claim in respect of debt or liquidated demand. according to my knowledge a simple summons is not a pleading, cannot be excepted to and the plaintiff has to file a declaration within 15 days after I have served the defendants (my client's) Notice of intention to defend. notice of intention to defend has been served and 15 days has passed without declaration containing the particulars of claim from the Plaintiff. I intend to file a Notice of Bar giving the Plaintiff 5 days to file declaration and then apply for absolution from the instance. is this procedure correct. Thanks for your insightful blog. KennethAnonymoushttps://www.blogger.com/profile/11633330194147182019noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-1037927295360551792014-04-15T03:49:59.381-07:002014-04-15T03:49:59.381-07:00Hi mr ettienne, my client had a credit agreement t...Hi mr ettienne, my client had a credit agreement to the amount of R768997.00 with his debtor and the contract included a "consent to magistrates jurisdiction'' clause. Judgment was given in the regional court but a portion of the amount was rescined, how do I then challenge the rescission of the amount and which court should I go to?MOKAIKANAhttps://www.blogger.com/profile/07821882876785399427noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-67553911229622655962014-04-15T03:40:58.142-07:002014-04-15T03:40:58.142-07:00Mr ettienne, when you talk about s29(1)(e), which ...Mr ettienne, when you talk about s29(1)(e), which act are you referring to?MOKAIKANAhttps://www.blogger.com/profile/07821882876785399427noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-70840610944287081992013-09-30T09:07:20.748-07:002013-09-30T09:07:20.748-07:00Hi Nasreem,
My name is Alisje is it possible for...Hi Nasreem, <br /><br />My name is Alisje is it possible for you to provide me with your template you used in the abovementioned application for absolution from the instance? I have a similar scenario and would be much appreciated if you can provide me with a template. Anonymoushttps://www.blogger.com/profile/07463604672847260982noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-71961844835378377112013-02-13T15:11:29.162-08:002013-02-13T15:11:29.162-08:00Hi Ettienne
I attended the New magistrates court ...Hi Ettienne<br /><br />I attended the New magistrates court rules seminar in Johannesburg last year and you were the facilitator.<br /><br />Does the magistrate's court have an unlimited jurisdiction with regard to eviction matters.Anonymoushttps://www.blogger.com/profile/16574659597779849464noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-41115037104575426532012-08-01T05:02:37.022-07:002012-08-01T05:02:37.022-07:00Hi Nazeer, i have a similar situation and i will a...Hi Nazeer, i have a similar situation and i will appreciate to get the outcome of your matter. My Client's situation is a motor vehicle collision claim in that our Client was sued as the second defendant by vitue of being the lawful owner of the taxi, who is unaware of how the accident occured. Now has been summoned and the first Defendant who was taxi driver is no longer working for my Client and has never informed our Client about the accident. I strongly believe that it is within my legal rights for the purpose of pleading to request further in order to establish how the accident occurred. Now the Plaintiff Attorney refuse or neglect to reply to my further particulars but instead they served us with an application for default judgment. Upon receipt of their application, i immediately wrote letter to the Plaintiff's Attorney informing him that we are still waiting for their reply to the further particulars to enable us to plead and they informed that i have to read the new directives, kindly advise meAnonymoushttps://www.blogger.com/profile/00085208689890708538noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-19785783576493172592012-03-28T00:56:08.051-07:002012-03-28T00:56:08.051-07:00Hi Ettienne
Thank you for the help and insight on...Hi Ettienne<br /><br />Thank you for the help and insight on this site.<br /><br />Please advise what the position is with pretrials in the Mag court, ie: are they mandatory?<br /><br />Thanking you in advance.REEhttps://www.blogger.com/profile/05633960066610600227noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-78837125580908302492012-02-28T04:01:19.714-08:002012-02-28T04:01:19.714-08:00Hi Ettienne
You seem to be a guru at the new rule...Hi Ettienne<br /><br />You seem to be a guru at the new rules. <br /><br />Here is my scenario: <br /><br />In a MVA i pleaded and counterclaimed for an amount of R175k in the Mag Court. The opposing attorney has now called and stated that i need to withdraw my counterclaim as it is incorrect in that the court does not have jurisdiction over such a large amount. <br /><br />I was under the impression that the monetary increase with the rules change was applicable to both District and Regional courts. Am i incorrect? <br /><br />And if i am, it there a procedure to transfer the matter to Regional Court? <br /><br />Thank you.Analiahttps://www.blogger.com/profile/11504782780348779155noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-78926869880391168622012-01-26T04:18:39.366-08:002012-01-26T04:18:39.366-08:00Good day Ettien
Did the form/document of the NOTI...Good day Ettien<br /><br />Did the form/document of the NOTICE OF BAR change at all with regards to the new Magistrate court rules? Exept for the year and Registrar instead of clerk, can the old document be used ( 5days...etc) ?<br /><br />Thank you,Marlizehttps://www.blogger.com/profile/17128499019037640950noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-652370360932024802012-01-24T15:55:54.528-08:002012-01-24T15:55:54.528-08:00Maybe slightly off blog - Cape High Court Matter
...Maybe slightly off blog - Cape High Court Matter<br /><br />I have received various notices and would like your advice:<br /><br />Rule 35 – as I understand it if I don’t react to this I will receive a demand giving me a certain amount of days to comply – is that correct?<br /><br />Rule 37 – from the documents I have received it would appear as if they intend placing the matter on the role for Mid 2012 – do I have to react to this notice at this time – or can I wait until early next year??<br /><br />Rule 37A questionare – I only reply to this a day before the preconference trial<br /><br />Regards <br />JackJack Spirohttps://www.blogger.com/profile/09048224800923406963noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-65207352423913739042012-01-24T15:49:23.510-08:002012-01-24T15:49:23.510-08:00Hi, application for recission in terms of section ...Hi, application for recission in terms of section 36 in bellvile mag court. Filed intention to oppose. For tactical reasons want to wait as long as possible to file answering affidavite. Not sure if they must demand in terms of rule 60 or can I file the day before the application is heard. Regards JackJack Spirohttps://www.blogger.com/profile/09048224800923406963noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-29399833042051183962011-08-04T03:32:28.289-07:002011-08-04T03:32:28.289-07:00Hi Ryan
By pleading, the defendant has accepted th...Hi Ryan<br />By pleading, the defendant has accepted that the summons was in order. (If not, the defendant should have withheld the plea and applied in terms of r60A to set it aside as an irregular pleading) <br /><br />After the plea, the plaintiff had 15 days to reply. New r21A says that the pleadings must be regarded as closed where the last day to reply passed and no reply was filed.(If a reply was filed, one of the other sub-rules of r21A must be applied) If all else fails, plaintiff can apply to court to declare the pleadings closed.See r21A(d). <br /><br />Within fifteen days after the close of pleadings, the plaintiff may apply for a hearing date and set the matter down. If this has been properly done and the defendant does not appear,r32(2)alows the court to grant judgment against the defendant after hearing (or reading on affidavit)evidence that the court deems neccesary.<br /><br />Thanks for your contribution.<br />Regards<br />EttienneEttiennehttps://www.blogger.com/profile/08704098620755751835noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-33127356080311484642011-08-04T03:07:54.125-07:002011-08-04T03:07:54.125-07:00Hi Lurine
In light of the changed wording of the o...Hi Lurine<br />In light of the changed wording of the other summonses it is strange.However rule 1(4)says that the form you use for this purpose must in all respects conform to Form 3. I think you should deal with it in the following practical manner: Use the exact Form 3 as in the rules but add the address of the court at the top of the form where the clerk or registrar is to sign. Alternatively attach an annexure to the form with the address of the court.Ettiennehttps://www.blogger.com/profile/08704098620755751835noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-65248625055167871162011-07-20T04:57:25.806-07:002011-07-20T04:57:25.806-07:00Dear Mr Barnard. I think I have an interesting que...Dear Mr Barnard. I think I have an interesting question. Ito old rules, there was no declaration for the simple summons, but now we seem to follow the HC (actually increasing the costs). If, after the new rules came into effect, no declaration was filed, and the Defendant pleaded to the simple summons, and therafter did not arrive at the trial, can default judgment be granted against him? Did the pleadings ever close? Were his rights waived by pleading? I'd love your opinion. Thanks - Ryanl'homme avec la pipehttps://www.blogger.com/profile/16302246573925881058noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-91679500943634201032011-07-11T07:19:48.092-07:002011-07-11T07:19:48.092-07:00Dear Mr. Barnard, I noticed the Form No. 3 does no...Dear Mr. Barnard, I noticed the Form No. 3 does not require the Plaintiff to add the address of the Clerk of the Court. Could it be an oversight?<br />Thanks LurineLurinehttps://www.blogger.com/profile/01315695543464285752noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-41721383544212213522011-07-05T06:07:38.076-07:002011-07-05T06:07:38.076-07:00Thanks Seffliva. On reading your comment, I visit...Thanks Seffliva. On reading your comment, I visited the Legal translation services site and viewed the video. It looks good and the service offered certainly helps to make the world a smaller place.Ettiennehttps://www.blogger.com/profile/08704098620755751835noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-76815161332439184352011-07-02T21:27:45.919-07:002011-07-02T21:27:45.919-07:00That's a nice idea! I think many will get inte...That's a nice idea! I think many will get interested to join in this brainstorming. Thanks for sharing.<br /><br /><a href="http://www.affordableinterpreters.com/translation-services.html" title="Legal translation services" rel="nofollow"><b>Legal translation services</b></a>Sefflivahttps://www.blogger.com/profile/13163915954026943483noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-90384730925515760212011-06-23T02:57:19.400-07:002011-06-23T02:57:19.400-07:00Thank you Mr Barnard, I shall do so :)Thank you Mr Barnard, I shall do so :)Nasreenhttps://www.blogger.com/profile/10645276511651374327noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-52407963505211818542011-06-22T09:34:50.719-07:002011-06-22T09:34:50.719-07:00Hi Nasreen
Good question.I realize rule 15(5) refe...Hi Nasreen<br />Good question.I realize rule 15(5) refers to "apply" and "apply" is defined in rule 2(1) as "apply on motion". However the proviso to rule 2 specifically states that that is the definition "UNLESS THE CONTEXT OTHERWISE INDICATES".The context of rule 15(5) seems to indicate otherwise in that it states that you may "set the action down for hearing .....and apply for absolution or" adduce further evidence and apply "for judgment".The apply envisaged here seems to be from the bar as part of the action and not application.<br /><br />To err on the side of caution, you can set the matter down and for the same date give notice of the application for absolution. The notice is however neither form 1 or 1A. It is a hybrid form used in interlocutory applications in terms of rule 55(4). It is definitely incidental to the action proceeding and as such the long form need not be used. You may insert the hearing date into such a notice. The hearing date may be applied for with the process set out in terms of rule 22.Ettiennehttps://www.blogger.com/profile/08704098620755751835noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-54659171849806108612011-06-22T09:01:25.717-07:002011-06-22T09:01:25.717-07:00Hi Joscelyne
Thanks for joining the blog. The old...Hi Joscelyne<br />Thanks for joining the blog. The old rules provided that a defendant may request security and not a plaintiff. It did apply to applications which meant that a respondent could request security from an applicant. The new rule refers to "a party entitled and desiring to demand security" and speaks of "proceedings".So security may be requested. <br /><br />As to the reason for the request, a nulla bona is an act of insolvency in terms of s8(b) of the Insolvency Act. It is an indication that a debtor cannot pay and might be a good reason to request security. Just remember that in terms of case law, you need to request the security and if it is necessary to enforce by application, the requester has the onus to show on the papers that security is necessary (which means that you should at least attach the Nulla Bona as proof of the inability to pay) Before doing that however, do deeds office searches as a Nulla Bona does not necessarily mean that the debtor does not own immovable property of substantial value. If the debtor does own such property, it might be used as a defence against your client requesting security.Ettiennehttps://www.blogger.com/profile/08704098620755751835noreply@blogger.comtag:blogger.com,1999:blog-5533239394050954801.post-53347992008275257012011-06-22T08:45:26.823-07:002011-06-22T08:45:26.823-07:00Hi Coen
Have a look at TRANSNET LTD v NGCEZULA 199...Hi Coen<br />Have a look at TRANSNET LTD v NGCEZULA 1995 (3) SA 538 (A) which quotes with approval: Curtis v Johannesburg Municipality1906 TS. The latter case was also referred in the Constitutional Court matters of Fredericks and Others v MEC For Education and Training, Eastern Cape, and Others 2002 (2) SA 693(CC) and Veldman v Director of Public Prosecutions, Witwatersrand Local Division 2007 (3)SA 210 (CC).Ettiennehttps://www.blogger.com/profile/08704098620755751835noreply@blogger.com