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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

Annexure 2 : Scale of Costs and Fees

Table A : Costs

Part IV : Other Matters

 

Exceptions, applications to strike out, applications for summary judgment, appearance to obtain provisional sentence when claim is defended, interlocutory applications, arrest, interdict, applications under rule 27 (9), applications to review judgment, order or taxation, applications for liquidation of close corporations and applications in terms of section 65J of the Act.

 


Item

Scale A

R

Scale B

R

Scale C

R

1.

(a) Instructions to make application or to oppose or to show case (the court may on request allow a higher amount)

R98,00

R198,00

R236,00


(b) Instructions to make application for liquidation of close corporation, perusal of all documentation and consideration of merits, and all necessary consultations

R485,00

R485,00

R581,00

2.

Drawing up of all documents, affidavits, applications and notices, orders, etc

-

-

-

3.

Attending court on hearing:

 

 

 


(a) if unopposed or opposed (if counsel not employed), for each quarter of an hour or part thereof actually spent in court

R117,00

R117,00

R140,00


(b) If opposed  (if counsel employed), for each quarter of an hour actually spent in court of part thereof

Nil

R47,00

R56,00

4.

Fee for preparing for trial, when opposed, if allowed  by the court on request

R408,00

R485,00

R581,00

5.

Consultations and settlement negotiations - when opposed, per quarter of an hour or part thereof

R117,00

R117,00

R140,00


Note: The court may on request made at the hearing allow, as an alternative to the fees prescribed in item 4, a fee for preparing argument under items 13 and 23 of the scale for defended actions.

 

 

 


 

 

 

 


Item

Scale


TAXATION OF COSTS

R

6.

Drawing up bill of costs

5% of the fees allowed.

7.

Attending taxation:

5% of the total of the bill allowed.

8.

Attending on review of taxation, for each quarter of an hour or part thereof in court while review is actually being heard..

R117,00

9.

Notice of application for review of taxation and service ..

-

10.

Affidavit, where necessary

-


EXECUTION


11.

(a) Issue of warrant of execution, ejectment, and delivery up of possession

R79,00


(b) For each reissue thereof

R33,00

12.

Inclusive fee for work done in connection with releasing of immovable property attached

R98,00

13.

Inclusive fee for work done in connection with sale in execution of immovable property only (excluding work in respect of which fees are already provided for elsewhere and the drawing up of the conditions of sale)

R250,00

14.

(a) Drawing up of notice of sale in terms of rule 41(8) or rule 43(6), or conditions of sale in terms of rule 43(7)

-


(b) For all other work done and papers and documents supplied to the sheriff of the magistrate's court in connection with a sale in execution of movable property, an inclusive fee of

R170,00

15.

Security for restitution, where necessary

R65,00


WHERE COUNSEL IS EMPLOYED

 

16.

Instructions for exception or application, where allowed

R117,00

17.

Instructions on trial

R145,00

18.

Drawing brief on exception or application, where allowed

-

19.

Drawing brief on trial

-

20.

Attending each necessary consultation with counsel, per quarter of an hour or part thereof

R47,00


FEES TO COUNSEL

 

21.

With brief to argue exception or application

R578,00

Note: A fee to counsel on application shall be allowed only where the court certifies that the briefing of counsel was warranted.

 

22.

With trial brief for the first day, not exceeing

R1 640,00

23.

In any court held more than 30km from the nearest town where a provincial or local division (other than a Circuit Court) of the High court sits, a travelling allowance (in addition to the fee on brief) may be allowed by special order of the court at ..

R3,00 per km

24.

Each necessary consultation, per quarter of an hour ..

R117,00

25.

For every day exceeding one on which evidence is taken or arguments heard, a refresher not exceeding ..

R985,00

26.

Drawing up pleadings

R263,00

Notes:

 

(a)

In regard to items 22 and 25 a fee in lieu of the fee for the first day's hearing shall be allowed as follows when the case is settled or withdrawn or postponed at the instance of any party on or before the date of hearing:

 


(i)  not more than two days prior to the date of hearing: The fee otherwise allowable on taxation for the first day's hearing:

 


(ii) not less than three days and not more than seven days prior to the date of hearing: Two thirds of the fee under (i); and

 


(iii) less than eight days and not more than 21 days prior to the date of hearing: Half of the fee under (i)

 

(b)

The court may on request allow a higher fee for counsel in regard to items 22, 24, 25 and 26.

 

(c)

A fee for travelling time by counsel shall be allowed at the same rate as for attorneys under rule 33(9).

 

MISCELLANEOUS

 

27.

Obtaining certified copy of judgment

R60,00

28.

Obtaining payment in terms of rule 18(4)

R40,00

29.

Request for security in terms of rule 62(1)

-

30.

Furnishing security in terms of rule 62(1)

-