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1991 Ann. Surv. S. African L. 493 (1991)
Civil Procedure

handle is hein.journals/assafl1991 and id is 541 raw text is: CIVIL PROCEDURE CHERYL LoOTS* LEGISLATION SHORT PROCESS COURTS AND MEDIATION IN CERTAIN CIVIL CASES ACT 103 OF 1991 The object of this legislation, which came into operation on 17July 1992 (Proc 74 GG 14164 of 17July 1992), was to create an alternative forum for the adjudication of certain civil cases and to provide for mediation in civil proceedings. The Minister ofJustice is empowered to establish a court known as a 'short process court' for any area consisting of one or more magisterial districts, or part of such a district. A short process court, which may hear civil cases, is deemed for all purposes to be a magistrate's court. It is to be presided over by an adjudicator, who will have the same powers and jurisdiction as those of a magistrate sitting in the area for which the adjudicator has been appointed (s 4). Adjudicators may be appointed by the minister from the ranks of persons whose names have been submitted for that purpose by the Association of Law Societies, the General Council of the Bar and the Department of Justice. An officer in the service of the state may not be appointed (s 6). An adjudicator must be qualified to practise as an advocate or attorney or to be appointed as a magistrate and must, for an uninterrupted period of at least five years, have practised as an advocate or attorney, have occupied the office of magistrate or have been involved in the teaching of law and also have practised as an advocate or attorney for such period as, in the opinion of the minister, renders him suitable for appointment (s 7). The minister is empowered to make rules of practice and procedure (s 13), which were promulgated in GN R2196 GG 14188 of 31 July 1992 (Reg Gaz 4913). The Act, however, provides specifically that a short process court may, at the request of any of the parties or their legal representatives and in consultation with them, take any steps in relation to the hearing of any action which may lead to the expeditious and cost-saving disposal of the case, including the non-application of any rule of evidence (s 10). Advocates and attorneys of the Supreme Court of South Africa may appear on behalf of the parties (s 14). Thejudgment or order of a short process court is final and no appeal lies from it (s 11). *BA LLB (Witwatersrand), Attorney and Notary of the Supreme Court of South Africa, Senior Lecturer in Law, University of the Witwatersrand, Johannesburg. 493

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