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Learn how to comply with the requirements of rule 55 of the Magistrates' Court Rules and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. The web page explains the step-by-step procedure, the forms, the service and the grounds for eviction applications.

GUIDELINES: APPLICATIONS IN TERMS OF RULE 55(1), RULE 55(4), SECTION 36(2) 1. APPLICATIONS IN TERMS OF RULE 55(1) In general, ALL applications shall be on the long form, Form 1 A of Annexure 1. (See Rule 55 (1) (d)). Note that a notice on Form 1 A does not serve as a notice of set down for hearing. A notice of set

The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), read with section 9(6)(a) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.

These Rules consolidate, with some minor amendments, the various Rules relating to procedure in magistrates' courts specified in the Schedule to these Rules.

The Magistrates Court Committee proposes that the following rule be substituted for the existing rule 55 dealing with applications: 55 Applications ( 1) Substantive applications (a) Every application claiming substantive relief shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief.

The important aspect when opposing an application in terms of Rule 55 of the Magistrate’s Court Rules is that once an application is served on the Respondent, the Respondent has five (5) days ...

Learn how to make an urgent application in the Magistrates' Court in terms of Rule 55 (5) (a) of the Magistrates' Court Rules. Find out the requirements, procedure and template for such an application.

Notice of Motion – Long Form – Magistrates’ Court – Form 1A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(1) Every application must be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief. The notice of motion must be addressed to the party or ...

Purpose and application of rules. rule 1. Purpose of rules. rule 70. Record of proceedings in civil matters. rule 30. Records of criminal cases. rule 66 Administration orders. rule 48 Admission of Liability. Applications in terms of sections 57 and 58 of the Act. rule 4 Appeals. Appeals and transfer of actions to magistrates' courts. rule 50 ...

(A) The term "local rules" will no longer be used in the context of the Uniform Magistrate Court Rules. (B) Each magistrate court by action of its chief magistrate, from time to time, may propose to make and amend rules which deviate from the Uniform Magistrate Court Rules, provided such proposals are not inconsistent with general laws, these ...

for in paragraph (c), the court may, on application by defendant, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances.". Amendment of rule 55 of the Rules 4. Rule 55 of the Rules is hereby amended by the substitution for subrule (1) of the following subrule:

These Rules consolidate, with some minor amendments, the various Rules relating to procedure in magistrates' courts specified in the Schedule to these Rules. ... Rule 55; Table of Contents; Content; More Resources; Previous: Provision; ... 55. —(1) The persons authorised for the purposes of section 79(2) of the Act of 1980 to receive a part ...

The rules were made by the Rules Board for Courts of Law, which has the power to make, amend or repeal rules for the High Court and the magistrates' courts. ... are to be construed in the same way as any other legislative enactment. A rule of the magistrates' courts 'moet dus in sy geheel gelees word en van die woorde wat gebruik word mag nie ...

Notice of Motion – Long Form – Magistrates’ Court – Form 1A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(1) Every application must be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief. The […]

The Magistrates Court Committee proposes that the following rule be substituted for the existing rule 55 dealing with applications: 55 Applications ( 1) Substantive applications (a) Every application claiming substantive relief shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief.

The use of teleconferencing, video conferencing or other technology to conduct court proceedings or other court business remotely is permissible at the discretion of the trial or appellate court. Compiler’s Notes: During the COVID-19 Pandemic, the Court encouraged the use of technology to facilitate remote proceedings. Given the benefits to ...

(3) In order to promote access to the courts and in the interest of justice, a court may, at a conference convened in terms of section 54(1) of the Act, dispense with any provision of these rules and give directions as to the procedure to be followed by the parties so as to dispose of the action in the most expeditious and least costly manner.

RULES BOARD FOR COURTS OF LAW ACT, 1985 (ACT NO. 107 OF 1985) ... 55 Applications 55 55A Amendment of pleadings 55A 56 Interdicts, attachments to secure claims and mandamenten van spolie 56 57 Attachment of property to found or confirm jurisdiction 57 ... Subject to rule 43A and any order made by the court, no immovable property which ...

CHAPTER V: RULES OF THE COURT . ... 55. Definition. 55A. Factors to be taken into account when considering an order which is just and equitable. ... If a party appeals to a magistrate’s court in terms of the provisions of section 12(4) of the Black Administration Act, 1927 (Act No. 38 of 1927), the said court may confirm, alter or set aside ...