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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Rules of the Constitutional Court

Part II : Registrar

4. General duties of the Registrar

 

 

1) A notice of appeal, an order of court referring any matter to the Court by another court, or another document by which proceedings are initiated in the Court in terms of these rules shall be numbered by the Registrar with a consecutive number for the year during which it is filed.

 

2) Every document afterwards lodged in such a case or in any subsequent case in continuation thereof shall be marked with that number by the party lodging it and shall not be received by the Registrar until so marked.

 

3) All documents delivered to the Registrar to be filed in a case shall be filed by the Registrar in a case me under the number of such case.

 

4) All documents referred to in subrule (1) shall be subject to the payment of R75,00 court fees in the form of a revenue stamp: Provided that if a party satisfies the Registrar in terms of subrule (5) that he or she is indigent, the payment of court fees shall be waived by the Registrar who shall make a note to that effect on the first page of the document in question.

 

5) A party who desires to initiate or oppose proceedings in the Court and who is of the opinion that he or she is indigent, or anybody on behalf of such party, shall satisfy the Registrar that, except for household goods, wearing apparel and tools of trade, such party is not possessed of property to the amount of R20 000 and will not be able within a reasonable time to provide such sum from his or her earnings.

 

6) Where photocopies are made, the fee prescribed in subrule (6) (a) shall be payable. Copies of a record may be made by any person in the presence of the Registrar.
a) The Registrar shall at the request of a party make a copy of any court document on payment of court fees with revenue stamps of R0, 50 for every photocopy of an A4-size page or part thereof and shall against payment of a fee of R1,00 certlfy that photocopy to be a true copy of the original.
b) The payment of court fees may be waived by the Registrar in the case of an indigent person referred to in subrules (4) and (5).

 

7) Whenever the Court makes an order declaring or confirming any law or provision thereof to be inconsistent with the Constitution under section 172 of the Constitution, the Registrar shall, not later than 15 days after such order has been made, cause such order to be published in the Gazette and in the relevant Provincial Gazette if the order relates to provincial legislation.

 

8) The Registrar shall publish a hearing list, which shall be affixed to the notice board at the Court building not less than 15 days before each term for the convenience of the legai representatives and the information of the public.

 

9) Directions with regard to any proceedings shall be furnished by the Registrar to the parties concerned within five days of such directions having been given.

 

10)
a) The Registrar shall maintain the Court's records and shall not permit any of them to be removed from the court building.
b) Any document lodged with the Registrar and made part of the Court's records shall not thereafter be withdrawn permanently from the official court files.
c) After the conclusion of the proceedings in the Court, any original records and papers transmitted to the Court by any other court shall be returned to the court from which they were received.

 

11)
a) If it appears to the Registrar that a party is unrepresented, he or she shall refer such party to the nearest office or officer of the Human Rights Commission, the Legal Aid Board, a law clinic or such other appropriate body or institution that may be willing and in a position to assist such Party.
b) The State or the Registrar shall not be liable for any damage or loss resulting from assistance given in good faith by that Registrar to such party in proceedings before the Court or in the enforcement of an order in terms of these rules in the form of legal advice or in the compilation or preparation of any process or document.