Draft Amendments to Magistrates’ Courts Rules Published for Comment
Brought to you by SA Legal Academy: The Department of Justice & Constitutional Development, on behalf of the Rules Board for Courts of Law, has issued a notice calling for public comment on draft amendments to the Magistrates’ Courts Rules.
Promulgated under the Rules Board for Courts of Law Act, No. 107 of 1985, the proposed provisions seek to allow for the revival of a rule nisi in the Magistrates’ Courts in circumstances where an applicant fails to appear on the return court date and the rule lapses as a result.
The draft rule aims to harmonize lower court practice with provisions in the High Court Uniform Rules of Court, specifically aligning procedural mechanisms when an applicant seeks the reinstatement of an interim order. Submissions on the proposed draft amendments must be submitted by 30 September 2026.
What this means for you, your business, or your clients
- For yourself: Legal practitioners should review the draft rules and submit comments regarding the procedural steps required for reinstating interim orders prior to the 30 September 2026 deadline.
- For your business: Litigation practices and firm compliance teams must prepare to adjust Magistrates’ Court motion court protocols once the rules are finalized and brought into force.
- For your clients: Litigants who fail to make an appearance on a return date will gain a clear procedural remedy in lower courts to seek the revival of a lapsed interim order upon showing good cause.
Originally published at https://legalacademy.co.za/news/read/law-courts-rules-more-draft-amendments-out-for-comment