Civil Procedure

• Jurisdiction: South Africa
• Citation: 2019/2020 YSAL 126
• Pages: 126-154
• Date: 10 March 2021
• DOI: https://doi.org/10.47348/YSAL/v1/i1a3
• Author: van Loggerenberg, D.E.
• Published date: 10 March 2021

126

1. INTRODUCTION

During the past year var ious amendments to the Uniform Rules of Cour t

and the magistrates’ court s rules came into operation, the most i mportant

of which make provision for a new summa ry judgment procedure. In terms

of the new procedure an application for summar y judgment can be made

only after the delivery of plea. As far as High Cou rt procedure is concerned,

rules regarding judic ial case management and mediation were introduced.

The COVID-19 situation required the publication of various practice

directives deali ng with, among other things, virtual cou rt hearings.

The superior courts delivered judgments regard ing various provisions of

the Superior Courts Act 10 of 2013 dealing mainly with appeals. Fur thermore,

these courts decided upon the application of ru les of court relating to, for

example, exceptions and other pleadings, summ ary judgment under the

new procedure and execution again st immovable property.

The Constitutional Cour t laid down principles regarding pers onal costs

orders against public officials suc h as the Public Protector and re-stated the

rationale for costs orders de bonis propriis.

During th is period, a number of articles dealing with di fferent aspects of

civil procedure were published.

Civil ProcedureCivil Procedure

* SC; B Iuris LLB (PU for CHE) LLD (UPE); Member of the Pretoria Bar; formerly Professor

of Law; University of Port Elizabeth; Extraordinary Professor of Law; University of Pretoria;

Marcel Storme Chair Professor of Law; University of Ghent; Belgium (2016–17). ORCID:

https://orcid.org/ 0000-0003-1086-9642.

DE van Loggerenberg*

2019/2020 YSAL 126

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Civil ProCedure 127

https://doi.org/10.47348/YSAL/v1/i1a3

2. LEGISLATION

2.1 MAGISTRATES’ COURTS DESIGNATED FOR THE IMPLEMENTATION

OF MEDIATION RULES

On 28 March 2019 certain magist rates’ courts were designated1 for the

implementation of mediation rules for the pur poses of the Magistrates’

Courts Act.2 The designation was withdrawn on 19September 2019.3

2.2 AMENDMENTS TO THE UNIFORM RULES OF COURT

On 1 July 2019 amendments to the Uniform Rules of Court came into

operation.4 The amendments entailed t he following:

• rules 30A (non-compliance with the rule s) and 37 (pre-trial conference)

were substituted;

• item 5(c) of t he tariff in rule 68 (tariff for sheriff s) was substituted;

• a new item 17 was inserted in the ta riff of rule 68;

• rule 32 (summary judgment) was amended;

• a new rule 37A (judicial case management) was inserted; and

• forms 4, 5 and 6 of the First Schedule to t he rules were repealed.

On 22 November 2019 further amendments to the Unifor m Rules of Court

came into operation.5 These a mendments entailed the following:

• rules 1 (definitions), 2 (sittings of courts and recess p eriods), 19(1), (2) and

(4) (notice of intention to defend), 23(1) and (2) (exceptions and applications

to strike out) and item 3(a) of the tarif f in rule 68 (tariff for sheriffs) were

substituted; and

• rule 4 (service) was amended.

On 9 March 2020 further a mendments to the Uniform Rules of Court c ame

into operation.6 These amendments e ntailed the following:

• new rules 41A (mediation as a dispute-resolution mechan ism) and 70(3B)

(taxation and tariff of fees of attor neys) were inserted;

• rules 70(3B) and (4) were substituted;

• the forms in the First S chedule to the rules were amended by

– the substitution of Form 26 (notice of intention to tax bil l of costs); and

– the insertion of Form 27 (notice of agreeme nt or opposition to

medi atio n).

1 GN 508, GG 42344 of 28 March 2019.

2 32 of 1944.

3 GN 1215, GG 42716 of 19 September 2019.

4 GN R842, GG 42497 of 31 May 2019.

5 GN R1343, GG 42773 of 18 October 2019.

6 GN R107, GG 43000 of 7 February 2020.

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