Pending suits in the magistrates' courts - the effect of the lack of transitional provisions in the new rules of court
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Date
Authors
Van Loggerenberg, Danie (Daniel Elhardus)
Journal Title
Journal ISSN
Volume Title
Publisher
Juta Law
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On 15 October 2010 the rules regulating the conduct of the proceedings of magistrates' courts were repealed and replaced by a comprehensive set of new rules (GN 888 GG 33620 of 8 October 2010). The new rules were made, and the old rules repealed, by the Rules Board for Courts of Law in the exercise of its power under s 6 of the Rules Board for Courts of Law Act 107 of 1985.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.
Description
Keywords
Magistrates courts
Sustainable Development Goals
Citation
Van Loggerenberg, D 2011, 'Pending suits in the magistrates' courts - the effect of the lack of transitional provisions in the new rules of court', South African Law Journal, vol. 128, no. 4, pp. 607-611.