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Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter II : Presiding Officers and Officers of the Court

11. Officers of court

 

(1) The magistrate of the district in which the seat of a court is situated, shall appoint so many clerks and assistant clerks of the court, interpreters and legal assistants for that court as may be necessary for the performance of the prescribed functions.

[Subsection (1) substituted by section 6(a) of Act No. 92 of 1986]

 

(2) The messenger of the court appointed under the Magistrates' Courts Act, 1944 ( Act No. 32 of 1944), for the magistrate's court of a district, shall act as messenger of the court for a court in that part of the said district falling within the area of jurisdiction of that court.

[Subsection (2) substituted by section 6(b) of Act No. 92 of 1986]

 

(3) The State, a clerk of the court, an assistant clerk of the court or a legal assistant shall not be liable for any damage or loss resulting from assistance given in good faith by that clerk of the court, assistant clerk of the court or legal assistant to any party or prospective party to an action before a court or to the enforcement of a judgment or order in terms of section 41 in the form of legal advice or the compilation or preparation of a summons, statement or other document.

[Subsection (3) substituted by section 22 of Act No. 139 of 1992]