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Aligning Magistrates’ Courts Rule 72 with Uniform Rule 41A(2)

June 1st, 2024
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The Rules Board for Courts of Law (Rules Board) is considering aligning rule 72 of the Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa with rule 41A(2) of the Uniform Rules of Court. These rules govern the notice of agreement to or opposition of mediation in the magistrates’ courts and the High Court, respectively.

In 2023, practical applications of Uniform Rule 41A and various judicial decisions prompted the Rules Board to review the rule. The Rules Board identified the necessity for amendments to enhance the rule’s objectives and facilitate mediation.

One significant issue that was identified, was the lack of provisions for urgent applications where a party cannot comply with subrule (2) of Uniform Rule 41A. This subrule pertains to the required notice, particularly in applications under the Prevention of Organised Crime Act 121 of 1998.

To address this, the Rules Board proposed amending Uniform Rule 41A by adding a proviso to subrule (2). This proviso would allow a court or judge to waive the compliance with paragraphs (a) and (b) in urgent applications.

In its ongoing review, the Rules Board also aims to harmonise similar provisions in the Magistrates’ Courts Mediation Rules with those in the Uniform Rules of Court.

Comments and inputs on this proposal are invited and should be submitted to the Secretariat of the Rules Board by 30 June 2024. Submissions can be made via hand delivery or e-mail to:

  • Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume (Andries) Street, Pretoria
  • E-mail: MuCele@justice.gov.za

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This article was first published in De Rebus in 2024 (June) DR 3.

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