Related documents
Magistrates' Courts Act, 1944
Act 32 of 1944
- Published in South African Government Gazette 3346 on 19 May 1944
- Commenced on 1 December 1970
- [This is the version of this document from 15 March 2023 and includes any amendments published up to 20 September 2024.]
- [Amended by General Law Amendment Act, 1972 (Act 102 of 1972) on 2 July 1945]
- [Amended by Magistrates’ Courts Amendment Act, 1952 (Act 40 of 1952) on 27 June 1952]
- [Amended by Magistrates’ Courts Amendment Act, 1954 (Act 14 of 1954) on 2 April 1954]
- [Amended by General Law Amendment Act, 1955 (Act 62 of 1955) on 6 July 1955]
- [Amended by General Law Amendment Act, 1956 (Act 50 of 1956) on 22 June 1956]
- [Amended by General Law Amendment Act, 1957 (Act 68 of 1957) on 28 June 1957]
- [Amended by Criminal Law Further Amendment Act, 1959 (Act 75 of 1959) on 17 July 1959]
- [Amended by Criminal Law Amendment Act, 1959 (Act 16 of 1959) on 1 September 1959]
- [Amended by Magistrates’ Courts Amendment Act, 1963 (Act 19 of 1963) on 15 March 1962]
- [Amended by General Law Further Amendment Act, 1962 (Act 93 of 1962) on 4 July 1962]
- [Amended by General Law Amendment Act, 1963 (Act 37 of 1963) on 2 May 1963]
- [Amended by General Law Further Amendment Act, 1963 (Act 93 of 1963) on 12 July 1963]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 24 June 1964]
- [Amended by Bantu Laws Amendment Act, 1964 (Act 42 of 1964) on 1 January 1965]
- [Amended by Magistrates’ Courts Amendment Act, 1965 (Act 48 of 1965) on 5 May 1965]
- [Amended by Magistrates’ Courts Amendment Act, 1967 (Act 8 of 1967) on 17 February 1967]
- [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 21 June 1968]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 30 August 1968]
- [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 30 August 1968]
- [Amended by Magistrates’ Courts Amendment Act, 1969 (Act 17 of 1969) on 26 March 1969]
- [Amended by Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969 (Act 15 of 1969) on 1 May 1969]
- [Amended by General Law Amendment Act, 1969 (Act 101 of 1969) on 30 June 1969]
- [Amended by General Law Amendment Act, 1970 (Act 17 of 1970) on 6 March 1970]
- [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 1 November 1970]
- [Amended by Magistrates’ Courts Amendment Act, 1970 (Act 53 of 1970) on 1 December 1970]
- [Amended by General Law Amendment Act, 1971 (Act 80 of 1971) on 14 July 1971]
- [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 1 May 1973]
- [Amended by General Law Amendment Act, 1974 (Act 29 of 1974) on 15 March 1974]
- [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 20 November 1974]
- [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 1 March 1975]
- [Amended by Criminal Procedure Act, 1977 (Act 51 of 1977) on 22 July 1977]
- [Amended by Lower Courts Amendment Act, 1977 (Act 91 of 1977) on 22 July 1977]
- [Amended by Native Laws Amendment Proclamation, 1979 (Proclamation AG3 of 1979) on 1 August 1978]
- [Amended by Magistrates’ Courts Amendment Act, 1976 (Act 63 of 1976) on 1 January 1979]
- [Amended by Magistrates’ Courts Amendment Act, 1981 (Act 14 of 1981) on 1 January 1982]
- [Amended by Magistrates’ Courts Amendment Act, 1985 (Act 11 of 1985) on 9 October 1985]
- [Amended by Appeals Amendment Act, 1985 (Act 29 of 1985) on 1 April 1986]
- [Amended by Attorneys Amendment Act, 1991 (Act 17 of 1991) on 29 September 1989]
- [Amended by Magistrates’ Courts Amendment Act, 1990 (Act 9 of 1990) on 9 July 1990]
- [Amended by Married Persons Equality Act, 1996 (Act 1 of 1996) on 15 July 1996]
- [Amended by Magistrates’ Courts Amendment Act, 1997 (Act 9 of 1997) on 3 November 1997]
- [Amended by Magistrates’ Courts Amendment Act, 1999 (Act 1 of 1999) on 9 March 1999]
- [Amended by Magistrates Act, 2003 (Act 3 of 2003) on 30 June 2003]
- [Amended by Magistrates’ Courts Amendment Act, 2009 (Act 6 of 2009) on 30 July 2009]
- [Amended by Abolition of Payment by Cheque Act, 2022 (Act 16 of 2022) on 15 March 2023]
1. Definitions
In this Act, except where the context otherwise indicates “court” means a magistrate’s court;“court of appeal” means the Supreme Court of South West Africa;[definition of “court of appeal” amended by Act 29 of 1985]“judgment”, in civil cases, includes a decree, a rule and an order;“judicial officer” means a magistrate appointed under the Magistrates Act, 2003;[definition of “judicial officer” amended by Act 3 of 2003][definition of “magistrate” deleted by Act 3 of 2003]“Minister” means the Minister of Justice;[definition of “Minister” substituted by Act 94 of 1974, amended by AG 3 of 1979 and substituted by Act 9 of 1990]“offence” means an act or omission punishable by law;“practitioner” means an advocate, an attorney, an articled clerk such as is referred to in section 21 or an agent such as is referred to in section 22;“province” includes the territory;“Republic” includes the territory;“territory” means the territory of South-West Africa;“to record” means to take down in writing or in shorthand or to record by mechanical means, and “recorded” has a corresponding meaning;“the district”, if used in relation to any court, means the district, sub-district, or area for which such court is established;“the rules” means the rules made under section 25;“this Act” includes the rules.[section 1 amended by Act 42 of 1964, Act 40 of 1952 and Act 15 of 1969, and substituted by Act 53 of 1970]Part I – COURTS
Chapter I
Establishment and Nature of Courts
2. Minister’s powers relative to districts and courts
3. Existing courts and districts to continue
4. Nature of the courts and force of process
5. Courts to be open to the public, with exceptions
6. Medium to be employed in proceedings
7. Public access to records and custody thereof
Chapter II
Judicial Officers
8. Before whom courts to be held
Every court held under this Act shall be presided over by a judicial officer.[section 8 substituted by Act 3 of 2003]9. ***
[Section 9 is amended by Act 40 of 1952, Act 50 of 1956, Act 60 of 1958, Act 93 of 1962, Act 19 of 1963 and Act 48 of 1965; substituted by Act 8 of 1967; and amended by Act 17 of 1970, Act 102 of 1972 and Act 29 of 1974 (with the amendments made by Act 29 of 1974 coming into force in part on 1 May 1973 (section 24(2) of Act 94 of 1974) and in part on 1 March 1975 (RSA Proc. R.32/1975). It is also amended by AG 3 of 1979 and by Act 11 of 1985 and substituted by Act 1 of 1999. The case of Mostert v The Minister of Justice 2002 NR 76 (HC), 2003 NR 11 (SC) declared section 9 unconstitutional and gave Parliament a deadline of 30 June 2003 to correct the defect; section 9 was accordingly deleted by Act 3 of 2003.]9bis. ***
[Section 9bis is inserted by Act 48 of 1965, amended by Act 17 of 1970, and deleted by Act 3 of 2003.]10. ***
[Section 10 is amended by Act 9 of 1990. The case of Mostert v The Minister of Justice 2003 NR 11 (SC) declared section 10 unconstitutional and gave Parliament a deadline of 30 June 2003 to correct the defect; section 10 was accordingly deleted by Act 3 of 2003.]11. ***
[section 11 deleted by Act 3 of 2003]12. ***
[Section 12 is amended by Act 40 of 1952, Act 94 of 1974 (with effect from 1 March 1975), Act 11 of 1985 and Act 1 of 1999, and deleted by Act 3 of 2003.]Chapter III
Officers of the Court
13. Clerk of the court
14. Messengers of the court
15. Service of process by the police
16. Messengers’ duties respecting detention of persons by order of court
The messenger shall receive and cause to be lodged in a prison all persons arrested by such messenger or committed to his custody.[section 16 amended by Act 17 of 1969]17. Messenger’s return to be evidence
The return of a messenger or of any person authorized to perform any of the functions of a messenger to any civil process of the court, shall be prima facie evidence of the matters therein stated.[section 17 substituted by Act 91 of 1977]18. Suspension of messenger for misconduct
A messenger who is alleged to have been negligent or dilatory in the service or execution of process, or wilfully to have demanded payment of more than his proper fees or expenses, or to have made a false return, or in any other manner to have misconducted himself in connection with his duties may, pending investigation, be suspended from office and profit by the magistrate, who may appoint a person to act in his place during the period of suspension. The magistrate shall forthwith report to the Minister any action he has taken under this section and the Minister may, after investigation, set aside the order of suspension or may confirm it and may also dismiss from his office the messenger who has been so suspended.19. Officers appointed previously to remain in office
Every officer of the court holding office immediately prior to the commencement of this Act shall be deemed to be duly appointed under this Act, and shall be invested with power, duties and authority accordingly.Chapter IV
Practitioners
20. Advocates and attorneys
An advocate or attorney of any division of the Supreme Court may appear in any proceeding in any court.21. Candidate attorneys
A candidate attorney as defined in section 1 of the Attorneys Act, 1979 (Act 53 of 1979), may, subject to the provisions of that Act, appear in stead and on behalf of the attorney to whom he or she has been articled in any proceedings in any court.[Section 21 is amended by Act 50 of 1956 and by Act 17 of 1991. The Attorneys’ Act 53 of 1979 has been replaced by the Legal Practitioners Act 15 of 1995.]22. Agents
23. Misconduct of practitioners
Whenever in the opinion of a judicial officer a practitioner has been guilty of misconduct or dishonourable practice he shall report the fact -Chapter V
Rules of Court
24. ***
[section 24 deleted by Act 53 of 1970]25. Rules Board
Part II – CIVIL MATTERS
Chapter VI
Civil Jurisdiction
26. Area of jurisdiction
27. Jurisdiction of periodical courts
The jurisdiction of a periodical court within the area for which it has been appointed shall be subject to the following provisions -28. Jurisdiction in respect of persons
29. Jurisdiction in respect of causes of action
30. Arrests and interdicts
30bis. Attachment to found or confirm jurisdiction
The court may order attachment of person or property to found or confirm jurisdiction against any person who does not reside in the Republic, in respect of an action within its jurisdiction, where the claim or the value of the matter in dispute amounts to at least forty rand, exclusive of any costs in respect of the recovery thereof, and may grant an order allowing service of any process in such action to be effected in such manner as may be stated in such order.[section 30bis inserted by Act 80 of 1964 (with effect from 30 August 1968)]31. Automatic rent interdict
32. Attachment of property in security of rent
33. Curator ad Litem
[The word “litem” should not be capitalised.]The court may appoint a curator ad litem in any case in which such a curator is required or allowed by law for a party to any proceedings brought or to be brought before the court.34. Assessors
In any action the court may, upon the application of either party, summon to its assistance one or two persons of skill and experience in the matter to which the action relates who may be willing to sit and act as assessors in an advisory capacity.35. Transfer from one court to another
36. What judgments may be rescinded
The court may, upon application by any person affected thereby, or, in cases falling under paragraph (c), suo motu -37. Incidental jurisdiction
38. Abandonment of part claim
39. Deduction of admitted debt
In order to bring a claim within the jurisdiction a plaintiff may, in his summons or at any time after the issue thereof, deduct from his claim, whether liquidated or unliquidated, any amount admitted by him to be due by himself to the defendant.40. Splitting of claims disallowed
A substantive claim exceeding the jurisdiction may not be split with the object of recovering the same in more than one action if the parties to all such actions would be the same and the point at issue in all such actions would also be the same.41. Joinder of plaintiffs
42. Joinder of defendants
43. Jurisdiction cumulative
44. Application of sections 34, 35 and 37 to 43 inclusive to claims in reconvention
In sections thirty-four, thirty-five and thirty-seven to forty-three inclusive, “action”, “claim” and “summons” include “claim in reconvention”, and “plaintiff” and “defendant” include “plaintiff in reconvention” and “defendant in reconvention” respectively.45. Jurisdiction by consent of parties
46. Matters beyond the jurisdiction
47. Counterclaim exceeding jurisdiction
48. Judgment
The court may, as a result of the trial of an action, grant -49. Cession of costs
Costs awarded in interlocutory proceedings shall not be ceded without the consent of the court awarding such costs.50. Removal of actions from court to provincial or local division
Chapter VII
Witnesses and Evidence
51. Modes of procuring attendance of witnesses and penalty for non-attendance
51bis. Witness fees
52. Interrogatories
53. Commissions de bene esse
54. Pre-trial procedure for formulating issues
Chapter VIII
Recovery of Debts
[Chapter VIII, comprising sections 55-57, is substituted in its entirety by Act 63 of 1976.]55. Definition
In this Chapter, unless the context otherwise indicates -“debt” means any liquidated sum of money due.[section 55 substituted by Act 63 of 1976]56. Recovery of costs of letter of demand
If any person (in this section called the debtor) pays any debt due by him to any other person (in this section called the creditor) after the creditor has caused a registered letter of demand to be sent to the debtor through an attorney demanding payment of the debt, the creditor shall be entitled to recover from the debtor the fees and costs prescribed in the rules for a registered letter of demand: Provided that the amount of such fees and costs was stated in the letter of demand.[section 56 substituted by Act 63 of 1976]57. Admission of liability and undertaking to pay debt in instalments or otherwise
58. Consent to judgment or to judgment and an order for payment of judgment debt in instalments
If any person (in this section called the defendant), upon receipt of a letter of demand or service upon him of a summons demanding payment of any debt, consents in writing to judgment in favour of the creditor (in this section called the plaintiff) for the amount of the debt and the costs claimed in the letter of demand or summons, or for any other amount, the clerk of the court shall, on the written request of the plaintiff or his attorney accompanied by -(a)if no summons has been issued, a copy of the letter of demand; and(b)the defendant’s written consent to judgment,(i)enter judgment in favour of the plaintiff for the amount of the debt and the costs for which the defendant has consented to judgment; and(ii)if it appears from the defendant’s written consent to judgment that he has also consented to an order of court for payment in specified instalments or otherwise of the amount of the debt and costs in respect of which he has consented to judgment, order the defendant to pay the judgment debt and costs in specified instalments or otherwise in accordance with his consent, and such order shall be deemed to be an order of the court mentioned in section 65A(1).59. Written request constitutes first document in an action
If no summons is issued in an action the written request referred to in sections 57 (2) and 58(1) shall constitute the first document to be filed in the action and shall contain the particulars prescribed in the rules.[section 59 amended by Act 19 of 1963 and substituted by Act 63 of 1976]60. Prohibition of recovery of fees or remuneration by certain persons in connection with the collection of debts
Unless expressly otherwise provided in this Act or the rules no person other than an attorney or an agent referred to in section 22 shall be entitled to recover from the debtor any fees or remuneration in connection with the collection of any debt.[section 60 substituted by Act 63 of 1976]Chapter IX
Execution
61. Definition
In this Chapter -“emoluments “ includes -(i)salary, wages or any other form of remuneration; and(ii)any allowances,whether expressed in money or not; and“debts “ includes any income from whatever source other than emoluments.62. Power to grant or set aside a warrant
63. Execution to be issued within three years
Execution against property may not be issued upon a judgment after three years from the day on which it was pronounced or on which the last payment in respect thereof was made, except upon an order of the court in which judgment was pronounced or of any court having jurisdiction, in respect of the judgment debtor, on the application and at the expense of the judgment creditor, after due notice to the judgment debtor to show cause why execution should not be issued.64. Execution in case of judgment debt ceded
Any person who has, either by cession or by operation of law, become entitled to the benefit of a judgment debt may, after notice to the judgment creditor, and the judgment debtor, be substituted on the record for the judgment creditor and may obtain execution in the manner provided for judgment creditors.65. Offer by judgment debtor after judgment
If at any time after a court has given judgment for the payment of a sum of money and before the issue of a notice under section 65A(1), the debtor makes a written offer to the judgment creditor to pay the judgment debt in specified instalments or otherwise and such offer is accepted by the judgment creditor or his attorney, the clerk of the court shall, at the written request of the judgment creditor or his attorney, accompanied by the offer, order the judgment debtor to pay the judgment debt in specified instalments or otherwise in accordance with his offer, and such order shall be deemed to be an order of the court mentioned in section 65A(1).[Section 65 is substituted by Act 40 of 1952; amended by Act 14 of 1954, Act 50 of 1956, Act 19 of 1963, Act 70 of 1968 and Act 17 of 1969; and substituted by Act 63 of 1976.]65A. Notice to judgment debtor if judgment remains unsatisfied
65B. Drawing up and service of notice on judgment debtor
The notice referred to in section 65A(1) shall be drawn up by the judgment creditor or his attorney, shall be signed by the judgment creditor or his attorney and the clerk of the court and shall be served by the messenger of the court on the judgment debtor or, if the judgment debtor is a juristic person, on the director or officer summonsed as the representative of the juristic person and in his personal capacity, in the manner prescribed by the rules for the service of process in general and at least 7 days before the date specified therein for the hearing of the proceedings.[section 65B inserted by Act 63 of 1976]65C. Joiner of proceedings
[The word “joinder” is misspelt in the Government Gazette, as reproduced above.]If, under section 65A(1), two or more notices have been served on any judgment debtor or director or officer to appear on the same day as provided in that section, the proceedings in terms of such notices may be heard concurrently.[section 65C inserted by Act 63 of 1976 and amended by Act 1 of 1999 (which introduces a misspelling in the heading)]65D. Determination of judgment debtor’s financial position
65E. Postponement of proceedings pending execution
65F. Failure to appear or remain in attendance
65G. ***
[Section 65G is inserted by Act 63 of 1976. It was declared unconstitutional in its entirety by Julius v Commanding Officer, Windhoek Prison & Others; Nel v Commanding Officer, Windhoek Prison & Others 1996 NR 390 (HC) and deleted by Act 1 of 1999.]65H. Warrant for arrest of judgment debtor
A warrant for the arrest of a judgment debtor for the purposes of section 65F or, if the judgment debtor is a juristic person, of the director or officer of the juristic person summoned in his or her personal capacity, shall be prepared by the clerk of the court, issued by the court, and executed by the messenger of the court.[Section 65H is inserted by Act 63 of 1976. It was declared unconstitutional in its entirety by Julius v Commanding Officer, Windhoek Prison & Others; Nel v Commanding Officer, Windhoek Prison & Others 1996 NR 390 (HC), and substituted by Act 1 of 1999.]65I. Application for administration order has preference
65J. Emoluments attachment orders
65K. Orders as to costs relating to certain proceedings
65L. ***
[Section 65L is inserted by Act 63 of 1976. It was declared unconstitutional in its entirety by Julius v Commanding Officer, Windhoek Prison & Others; Nel v Commanding Officer, Windhoek Prison & Others 1996 NR 390 (HC) and deleted by Act 1 of 1999.]65M. Enforcement of certain judgments of Supreme Court
If a judgment for the payment of any of certain amount of money has been given by a division of the Supreme Court of South Africa, the judgment creditor may file with the clerk of the court from which the judgment creditor is required to issue a notice in terms of section 65A(1), a certified copy of such judgment and an affidavit or affirmation by the judgment creditor or a certificate by his attorney specifying the amount still owing under the judgment and how such amount is arrived at, and thereupon such judgment, whether or not the amount of such judgment would otherwise have exceeded the jurisdiction of the court, shall have all the effects of a judgment of such court and any proceedings may be taken thereon as if it were a judgment lawfully given in such court in favour of the judgment creditor for the amount mentioned in the affidavit or affirmation or the certificate as still owing under such judgment, subject however to the right of the judgment debtor to dispute the correctness of the amount specified in the said affidavit or affirmation or certificate.[section 65M inserted by Act 63 of 1976]66. Manner of execution
67. Property exempt from execution
In respect of any process of execution issued out of any court the following property shall be protected from seizure and shall not be attached or sold, namely:68. Property executable
69. Interpleader claims
70. Sale in execution gives good title
A sale in execution by the messenger shall not, in the case of movable property after delivery thereof or in the case of immovable property after registration of transfer, be liable to be impeached as against a purchaser in good faith and without notice of any defect.71. Surplus after execution
If, after a sale in execution, there remains any surplus in the hands of the messenger, it shall be liable to attachment for any other unsatisfied judgment debt.71A. Movable property which messenger cannot dispose of in terms of this Act, shall be sold by public auction
72. Attachment of debts
73. Order for payment by instalments
74. Granting of administration orders
74A. Documents to be submitted with application for administration order
74B. Hearing of application for administration order
74C. Contents of administration order
74D. Authorizing of issue of emoluments attachment order or garnishee order
Where the administration order provides for the payment of instalments out of future emoluments or income, the court shall authorize the issue of an emoluments attachment order in terms of section 65J in order to attach emoluments at present or in future owing or accruing to the debtor by or from his employer, or shall authorize the issue of a garnishee order under section 72 in order to attach any debt at present or in future owing or accruing to the debtor by or from any other person (excluding the State), in so far as either of the said sections is applicable, and the court may suspend such an authorization on such conditions as the court may deem just and reasonable.[section 74D inserted by Act 63 of 1976]74E. Appointment of administrator
74F. Notice of and objections to administration orders
74G. List of creditors and debts and additions thereto
76H. Inclusion of creditors in list after granting of administration order
74I. Payments by debtor in terms of administration order
74J. Duties of administrator
74K. Realization of assets by administrator
74L. Remuneration and expenses of administrator
74M. Furnishing of information by administrator
The administrator shall upon payment of the fees prescribed in the rules -74N. Failure by administrator to perform his duties
An administrator shall take the proper steps to enforce an administration order, and if he fails to do so, any creditor may, by leave of the court, take those steps, and the court may thereupon order the administrator to pay the costs of the creditor de bonis propriis.[section 74N inserted by Act 63 of 1976]74O. Costs of application for administration order
Unless the court otherwise orders or this Act otherwise provides, no costs in connection with any application in terms of section 74(1) shall be recovered from any person other than the administrator concerned, and then as a first claim against the moneys controlled by him.[section 74O inserted by Act 63 of 1976]74P. Remedies restricted by administration order
74Q. Suspension, amendment or rescission of administration order
74R. Administration order no bar to sequestration
The granting of an order under section 74(1) shall be no bar to the sequestration of the debtor’s estate.[section 74R inserted by Act 63 of 1976]74S. Incurring of debts by person subject to administration order
74T. Change of address by debtor subject to administration order
74U. Lapsing of administration order
As soon as the costs of the administration and the listed creditors have been paid in full, an administrator shall lodge a certificate to that effect with the clerk of the court and send copies thereof to the creditors (who shall also be informed therein of the debtor’s last known address), and thereupon the administration order shall lapse.[section 74U inserted by Act 63 of 1976]74V. Interruption of prescription
74W. Failure of administrator to carry out certain duty
Any administrator who fails to carry out the duty assigned to him by subsection 74J(7) shall be guilty of an offence and on conviction liable to a fine not exceeding R200 or in default of payment to imprisonment for a period not exceeding 6 months.[section 74W inserted by Act 63 of 1976]75. Jurisdiction to decide disputes arising out of garnishee orders
75bis. Review of conditions of sale of immovable property to be sold in execution of a Supreme Court judgment
Notwithstanding anything to the contrary in any law contained, the court may, on the application of any interested party, review and confirm, modify or settle the conditions of sale in respect of any immovable property to be sold in execution of any judgment of any division of the Supreme Court of South Africa.[section 75bis inserted by Act 80 of 1964]76. Execution or payment is discharge pro tanto
Payment made by or execution levied upon the garnishee under the provisions of this Act shall be valid discharge of the debt or amount of emoluments due from him to the judgment debtor to the extent of the amount paid or levied.77. Saving of existing laws prohibiting attachment
Save where under section 65E(1) an order may be granted against the State, nothing in this Act contained shall be construed as authorizing the attachment of any debt or emoluments or any moneys or property specially declared, by any law not to be liable to attachment.[section 77 substituted by Act 63 of 1976]78. Execution or suspension in case of appeal, etc.
Where an appeal has been noted or an application to rescind, correct or vary a judgment has been made, the court may direct either that the judgment shall be carried into execution or that execution thereof shalt be suspended pending the decision upon the appeal or application. The direction shall be made upon such terms, if any, as the court may determine as to security for the due performance of any judgment which may be given upon the appeal or application.79. Person who has made a nulla bona return not to incur debts
Any person shall be guilty of an offence and liable to a fine not exceeding one hundred rand if after a return of nulla bona has been made in respect of a judgment against him and before satisfaction of the said judgment, he obtains credit to an amount exceeding one hundred rand in the aggregate without previously informing all persons from whom he so obtains credit that there is an unsatisfied judgment against him and that a return of nulla bona has been made in respect thereof.[section 79 amended by Act 19 of 1963 and by Act 91 of 1977]Chapter X
Costs
80. Costs to be in accordance with scales and to be taxed
81. Review of taxation
Taxation by the clerk of the court shall be subject to review free of charge by a judicial officer of the district; and the decision of such judicial officer may at any time within one month thereafter be brought in review before a judge of the court of appeal in the manner prescribed by the rules.Chapter XI
Appeal and Review
82. By consent, decision of magistrate’s court may be final
No appeal shall lie from the decision of a court if, before the hearing is commenced, the parties lodge with the court an agreement in writing that the decision of the court shall be final.83. Appeal from magistrate’s court
Subject to the provisions of section 82, a party to any civil suit or proceeding in a court may appeal to the court of appeal, against -84. Time, manner and conditions of appeal
Every party so appealing shall do so within the period and in the manner prescribed by the rules; but the court of appeal may in any case extend such period.85. No peremption of appeal by satisfaction of judgment
A party shall not lose the right to appeal through satisfying or offering to satisfy the judgment in respect of which he appeals or any part thereof or by accepting any benefit from such judgment, decree or order.86. Respondent may abandon judgment
87. Procedure of cour of appeal
[The word “court” is misspelt in the Government Gazette, as reproduced above.]The court of appeal may -88. Execution of judgment of court of appeal
The judgment of the court of appeal shall be recorded in the court appealed from, and may be enforced as if it had been given in such last-mentioned court.Part III – CRIMINAL MATTERS
Chapter XII
Criminal Jurisdiction
89. Jurisdiction in respect of offences
90. Local limits of jurisdiction
91. Criminal jurisdiction of periodical court
The jurisdiction of the periodical court in criminal matters shall be subject, mutatis mutandis, to the provisions contained in section twenty-seven and in sub-section (3) of section thirty-five.92. Limits of jurisdiction in the matter of punishments
93. ***
[Section 93 is amended by Act 40 of 1952, Act 62 of 1955 and Act 80 of 1964, and deleted by Act 51 of 1977.]93bis. ***
[Section 93bis is inserted by Act 40 of 1952, substituted by Act 70 of 1968 and by Act 17 of 1970, and deleted by Act 51 of 1977.]93ter. Magistrate may be assisted by assessors
Chapter XIII
Remittal
94. ***
[section 94 substituted by Act 16 of 1959 and deleted by Act 51 of 1977]95. ***
[section 95 amended by Act 40 of 1952, Act 19 of 1963 and Act 94 of 1974, and deleted by Act 51 of 1977]Chapter XIV
Review
96. ***
[Section 96 is amended by Act 40 of 1952, Act 62 of 1955, Act 16 of 1959, Act 19 of 1963, Act 17 of 1969 and Act 94 of 1974, and deleted by Act 51 of 1977.]97. ***
[section 97 deleted by Act 51 of 1977]98. ***
[section 98 amended by Act 68 of 1957, Act 93 of 1962 and Act 19 of 1963, and deleted by Act 51 of 1977]98bis. ***
[section 98bis inserted by Act 19 of 1963 and deleted by Act 51 of 1977]99. ***
[section 99 deleted by Act 51 of 1977]Chapter XV
Execution of Sentences
100. ***
[section 100 amended by Act 40 of 1952 and by Act 16 of 1959, and deleted by Act 51 of 1977]101. ***
[section 101 amended by Act 16 of 1959 and by Act 19 of 1963, substituted by Act 37 of 1963, and deleted by Act 51 of 1977]102. ***
[section 102 amended by Act 16 of 1959 and by Act 37 of 1963, and deleted by Act 51 of 1977]Chapter XVI
Criminal Appeals
103. ***
[section 103 amended by Act 16 of 1959, Act 93 of 1962 and Act 15 of 1969, and deleted by Act 51 of 1977]104. ***
[section 104 amended by Act 62 of 1955 and deleted by Act 51 of 1977]105. ***
[section 105 amended by Act 15 of 1969 and deleted by Act 51 of 1977]Part IV
Chapter XVII
Offences
106. Penalty for disobedience of order of court
Any person wilfully disobeying or neglecting to comply with any order or judgment of a court or with a notice lawfully endorsed on a summons for rent prohibiting the removal of any furniture or effects, shall be guilty of contempt of court and shall, upon conviction, be liable to a fine not exceeding N$1 000 or, in default of payment, to imprisonment for a period not exceeding three months or to such imprisonment without the option of a fine: Provided that for the purposes of this section the word “order” or “judgment” shall not include -106A. Offence by garnishee
Any garnishee who, by reason of an emoluments attachment order having been served on him or her in respect of the emoluments of a judgment debtor not occupying a position of trust in which he or she handles or has at his or her disposal moneys, securities or other articles of value, dismiss or otherwise terminates the services of such judgment debtor, shall be guilty of an offence and on conviction liable to a fine not exceeding N$1 000 or, in default of payment, to imprisonment for a period not exceeding 3 months.[Section 106A is inserted by Act 63 of 1976 and amended by Act 1 of 1999, which includes changes not indicated by amendment markings and introduces a grammatical error; the verb “dismiss” should be “dismisses” to be grammatically correct.]106B. Offence by employer
Any employer who, having been requested by an employee to furnish a written statement containing full particulars of such employee’s emoluments, fails or neglects to do so within a reasonable time, or who wilfully, or negligently furnishes incorrect relevant particulars, shall be guilty of an offence and on conviction liable to a fine not exceeding N$1 000 or, in default of payment, to imprisonment for a period not exceeding 3 months.[section 106B inserted by Act 63 of 1976 and amended by Act 1 of 1999]107. Offences relating to execution
Any person who -108. Custody and punishment for contempt of court
109. Judgment debtor to inform court of change of address
Part V
Chapter XVIII
General and Supplementary
110. Jurisdiction as to plea of ultra vires
No magistrate’s court shall be competent to pronounce upon the validity of a provincial ordinance or an ordinance of the Legislative Assembly of the territory or of a statutory proclamation of the State President or of the Administrator of the territory, and every such court shall assume that every such ordinance or proclamation is valid; but every such court shall be competent to pronounce upon the validity of any statutory regulation, order or bye-law.[section 110 substituted by Act 17 of 1970]111. Amendment of proceedings
112. Administration of oath or affirmation
The oath to be taken by any witness in any civil proceedings in any court shall be administered by the officer presiding at such proceedings or by the clerk of the court (or any person acting in his stead) in the presence of the said officer, or if the witness is to give his evidence through an interpreter, by the said officer through the interpreter or by the interpreter in the said officer’s presence.[section 112 substituted by Act 91 of 1977]113. ***
[section 113 deleted by Act 94 of 1974]114. Savings and non-application of Act
115. Saving of pending proceedings
115A. Application of Act to the territory of South-West Africa
[No. and year of law.] | [Short title.] | [Extent of repeal.] |
[Ordinance No. 29 of 1963.] | [Magistrates’ Courts Ordinance, 1963.] | [The whole.] |
[Ordinance No. 36 of 1965.] | [General Law Amendment Ordinance, 1965.] | [Sections 6, 7, 8, 9, 10, 11, 12, 13 and 14.] |
[Ordinance No. 4 of 1968.] | [General Law Amendment Ordinance, 1968.] | [Sections 2, 3 and 4.] |
116. Laws repealed
The laws specified in the Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule.117. Short title
This Act may be cited for all purposes as the Magistrates’ Courts Act, 1944, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.[The Republic of South Africa Constitution Act 32 of 1961 provided in Article 3(b) that as from 31 May 1961, any reference to the Governor-General in any law in force in the Union of South Africa or in any other territory in respect of which Parliament is competent to legislate shall be construed as a reference to the Republic or the State President as the circumstances may require. However, by this time the Act had already come into operation on a date fixed by the Governor-General.]History of this document
15 March 2023 this version
Amended by
Abolition of Payment by Cheque Act, 2022
30 July 2009
30 June 2003
Amended by
Magistrates Act, 2003
09 March 1999
Amended by
Magistrates’ Courts Amendment Act, 1999
03 November 1997
Amended by
Magistrates’ Courts Amendment Act, 1997
15 July 1996
Amended by
Married Persons Equality Act, 1996
09 July 1990
Amended by
Magistrates’ Courts Amendment Act, 1990
29 September 1989
Amended by
Attorneys Amendment Act, 1991
01 April 1986
Amended by
Appeals Amendment Act, 1985
09 October 1985
Amended by
Magistrates’ Courts Amendment Act, 1985
01 January 1982
Amended by
Magistrates’ Courts Amendment Act, 1981
01 January 1979
Amended by
Magistrates’ Courts Amendment Act, 1976
01 August 1978
Amended by
Native Laws Amendment Proclamation, 1979
22 July 1977
Amended by
Criminal Procedure Act, 1977
Amended by
Lower Courts Amendment Act, 1977
01 March 1975
Amended by
Second General Law Amendment Act, 1974
20 November 1974
Amended by
Second General Law Amendment Act, 1974
15 March 1974
Amended by
General Law Amendment Act, 1974
01 May 1973
Amended by
Second General Law Amendment Act, 1974
14 July 1971
Amended by
General Law Amendment Act, 1971
01 December 1970
Amended by
Magistrates’ Courts Amendment Act, 1970
Commenced
01 November 1970
Amended by
General Law Amendment Act, 1964
06 March 1970
Amended by
General Law Amendment Act, 1970
30 June 1969
Amended by
General Law Amendment Act, 1969
01 May 1969
26 March 1969
Amended by
Magistrates’ Courts Amendment Act, 1969
30 August 1968
Amended by
General Law Amendment Act, 1964
Amended by
General Law Amendment Act, 1968
21 June 1968
Amended by
General Law Amendment Act, 1968
17 February 1967
Amended by
Magistrates’ Courts Amendment Act, 1967
05 May 1965
Amended by
Magistrates’ Courts Amendment Act, 1965
01 January 1965
Amended by
Bantu Laws Amendment Act, 1964
24 June 1964
Amended by
General Law Amendment Act, 1964
12 July 1963
Amended by
General Law Further Amendment Act, 1963
02 May 1963
Amended by
General Law Amendment Act, 1963
04 July 1962
Amended by
General Law Further Amendment Act, 1962
15 March 1962
Amended by
Magistrates’ Courts Amendment Act, 1963
01 September 1959
Amended by
Criminal Law Amendment Act, 1959
17 July 1959
Amended by
Criminal Law Further Amendment Act, 1959
28 June 1957
Amended by
General Law Amendment Act, 1957
22 June 1956
Amended by
General Law Amendment Act, 1956
06 July 1955
Amended by
General Law Amendment Act, 1955
02 April 1954
Amended by
Magistrates’ Courts Amendment Act, 1954
27 June 1952
Amended by
Magistrates’ Courts Amendment Act, 1952
02 July 1945
Amended by
General Law Amendment Act, 1972
Cited documents 3
Act 3
1. | Magistrates Act, 2003 | 85 citations |
2. | Credit Agreements Act, 1980 | 38 citations |
3. | Hire-Purchase Act, 1942 | 6 citations |
Documents citing this one 980
Gazette 829
Judgment 100
Act 39
1. | Criminal Procedure Act, 1977 | 1921 citations |
2. | Local Authorities Act, 1992 | 1321 citations |
3. | High Court Act, 1990 | 1114 citations |
4. | Close Corporations Act, 1988 | 544 citations |
5. | Combating of Domestic Violence Act, 2003 | 379 citations |
6. | Prevention of Organised Crime Act, 2004 | 348 citations |
7. | Legal Practitioners Act, 1995 | 247 citations |
8. | Income Tax Act, 1981 | 243 citations |
9. | Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, 1971 | 190 citations |
10. | Electoral Act, 2014 | 170 citations |
Proclamation 5
Law Reform Report 4
Government Notice 2
1. | Directions relating to judicial proceedings during the COVID-19 state of emergency | |
2. | Regulations relating to Veterinary and Veterinary Para-Professions, 2014 |
Discussion Paper 1
1. | Discussion Paper on Locus Standi |