Pending suits in the magistrates' courts - the effect of the lack of transitional provisions in the new rules of court

Abstract

On 15 October 2010 the rules regulating the conduct of the proceedings of magistrates' courts were repealed and replaced by a comprehensive set of new rules (GN 888 GG 33620 of 8 October 2010). The new rules were made, and the old rules repealed, by the Rules Board for Courts of Law in the exercise of its power under s 6 of the Rules Board for Courts of Law Act 107 of 1985. The new rules do not contain any transitional provisions. A question therefore arises whether suits that were pending in the magistrates' courts on 15 October 2010 are governed by the old or new rules.