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1984 Ann. Surv. S. African L. 493 (1984)
Civil Procedure

handle is hein.journals/assafl1984 and id is 537 raw text is: CIVIL PROCEDURE A C CILLIERS* A LEGISLATION Rule 10 of the Rules of the Appellate Division, relating to attorneys' fees, was amended by GN R1995 GG 9413 of 7 September 1984 (Reg Gaz 3742). The rules of the provincial divisions of the Supreme Court were amended by GN R1996 GG 9413 of 7 September 1984 (Reg Gaz 3742). The amendment inserts rule 70(10) (costs taxed and allowed by tariff generally increased by 10 per cent). Rule 2 of the rules of the Natal Provincial Division, published in GN R1665 of 1978, was amended by General Notice 454 GG 9299 of 6 July 1984. The rule deals with sittings of the court and recesses. Rule 2 of the rules of the Orange Free State Provincial Division-which has a similar subject-matter-was amended by GN R2657 GG 9520 of 7 December 1984 (Reg Gaz 3776). The Supreme Court Act 59 of 1959 was not amended in 1984, but the Magistrates' Courts Act 32 of 1944 was amended to raise the jurisdiction of magistrates' courts in respect of causes of action (s 29 of the principal Act as amended by s 1 of the Magistrates' Courts Amendment Act 56 of 1984 with effect from 2 May 1984) and in respect of matters beyond the jurisdiction (s 2 of Act 56 of 1984), as well as in respect of punishments in the form of fines (s 92(1) (b) as substituted by s 1 of the Criminal Procedure Matters Amendment Act 109 of 1984 with effect from 1 September 1984). During 1984 the Small Claims Courts Act 61 of 1984 was passed. It was not yet in force in April 1985, and the rules of court had not yet been promulgated. In many respects small claims courts closely resemble magis- trates' courts. Of particular significance in this respect are provi- sions governing jurisdiction in respect of persons (s 14); jurisdiction in respect of causes of action (s 15); matters beyond the jurisdiction of small claims courts (s 16 in part); incidental jurisdiction (s 17); abandonment of part of a claim (s 18); deduction of an admitted debt (s 19); disallowance of splitting of claims (s 20); cumulative jurisdiction (s 21); judgment (s 34); judgment by default or by consent (s 35); rescission of certain judgments (s 36); offer by a judgment debtor (after judgment) to pay a judgment debt in a * BA LLB (Stell) MA (Oxon) LLD (SA), Professor of Law in the University of Port Elizabeth.

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