CIVIL REGIONAL COURTS

- PROMULGATION OF LEGISLATION

- STATISTICS

- MOST COMMON ERRORS

- POSITIVE ASPECTS

- THE RULES MOST PROMINENT AMENDMENTS

- CIVIL REG. COURTS: PRACTICE DIRECTIVES

FUNCTIONING OF CIRCLES

STATISTICS - PRETORIA REGIONAL COURT STATISTICS July - 298 summonses issued Divorce 50% 977 - Applications 2011 - 1175 Divorces - 530 Civil matters - Undefended divorces - Date 1 to 2 weeks

Defended Matters: - Waiting time + 2 months

Polokwane

POSITIVE ASPECTS

- Civil Regional Court in Limpopo Province are functioning well, very well.

- Case load is increasing daily.

- More Regional Court Magistrates are capable of sitting in Civil matters in the Regional Courts.

- Court time is spent effectively. - the fact that there are only a limited number of "in person"

appearances most litigants are assisted by legal representatives.

- Court dates are allocated quickly Magistrate Wessels indicated to me that the integrated rolls work well.

- In Limpopo there are: 18 places of sitting of Periodical Reg. Courts. 6 permanent seats of the Reg. Court and Polokwane is the only place where more than one Reg. Court is sitting permanently.

- The backlog inherited from the Old Divorce Courts has been worked away.

- Pro Bono assists well with divorce matters and Legal Aid as well as the legal aid clinics of the two Universities. (that is not the position in other provinces LSNP).

Magistrate Wessels will be conducting training of Assistant Registrars and case flow management training for Regional Court Magistrates in most of the other provinces from now November Limpopo is privileged to have Magistrate Jakkie Wessels as their Regional Court President.

REGIONAL COURTS Most common errors by Practitioners: - Citation of parties

- Ignorance new Rules (2 Sept - 15km) (service fax & e-mail)

- Failure to: Index & Paginate Rule 63 as well as Practise Directives Motions

Regional Courts - Specifically Rules 5 and 6

5 Summons 6 Pleadings

- Can't ask: Further Particulars after/with notice to defend Copies of document's 15(1)

- Service of documents in general is a problem but specifically the State Attorney in the case of a Minister, Deputy Minister or Provincial Premier in his/her official capacity, the State or Provincial administration = must serve State Attorney.

- Transfer of Cases- Sec. 35 Issue Thoyandou - but can be transferred to Periodical Courts sitting - Makhado - Hlangenami - Musina so that cases can then be finalized closest to where plaintiff resides - Costs of travelling etc. is saved

This Section of the Act is not used enough.

Reg. Court papers still issued in District Court. Invalid Process.

Divorces: on Appearance settlement agreement NOT endorsed by Fam. Adv.

When issuing Divorce Summons - Must file:

- Marriage Certificate - Birth Certificate Children - ID Doc.

(Not a Rule) Practice directives for Reg. Courts are ignored sometimes with huge cost implications.

CIVIL REGIONAL COURTS

1) Promulgation of Legislation The Act 9 August 2010 The Rules 15 October 2010 (Polokwane Pilot Project)

2) The Act - Matters to be continued Reg. Courts - Replaced old Divorce Courts

- Areas of jurisdiction NB Notice

- Divorce Court Rules have been repealed

- New Rules Magistrates Court (including Civil Reg. Courts) are in place

Laws Amended - Attorneys Act Candidate Attorney B. Proc 31/12/2004

Magistrates' Courts Act - "Court" Includes Regional Court

Registrar's

Section 28

Same but note 1A

Divorces note Sec 29 1 B

GENERAL

1) Why practice in CRC - Cheaper clients will demand it. - Accessable - Saving on Correspondents accounts - Court dates allocated much quicker - If you are good in what you do you will build yourself a reputation - Civil Actions R100 R300 000.00 - Your pleadings similar to High Court.

2) Disadvantages CRC - Scale of Costs bad for your fee-account - Uncertainly about the level of expertise of the preciding officer - Hometown politics attorneys/magistrate - Big divorce clients find privacy when dealing with attorneys in bigger

centra.

- Difficulty in getting Fam. Adv. consent on settlement agreements in smaller centra.

- Legal Aid taking away many instructions that could have come your way.

- Non continues rolls as in High Court.

3) Aspects to Note - Magistrate Court 0 100k

or consent i.t.o sect. 45 (ammend your agreements)

- Reg. Civil Courts 100 300k Can't transfer M CRC

- Practice Directives.

Most Prominent amendments to the Rules - 8km 15km - Service fax and e-mail - (Face Book) - Summons simple - Declaration - No Request Further particulars - 15(1) Documents - Further Particulars at preperation for trial stage only - Application to compell further discovery Rule 23(3) - Dies Non 16/12 15/1 only i.ro. Notice of Intention to defend - NB Because of similarity of Rules with those of the High Court

you can rely on High Court judgments - Third Party Procedure you can now obtain an order against

3rd party - Urgent Application's Rule 55(5) - Rule 58 pendente lite relief - Rule 60A irregular proceedings - Rule 63 Index and Paginate