n South African Law Journal - Pending suits in the magistrates' courts - the effect of the lack of transitional provisions in the new rules of court : notes

Volume 128, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



On 15 October 2010 the rules regulating the conduct of the proceedings of magistrates' courts were repealed and replaced by a comprehensive set of new rules (GN 888 33620 of 8 October 2010). The new rules were made, and the old rules repealed, by the Rules Board for Courts of Law in the exercise of its power under s 6 of the Rules Board for Courts of Law Act 107 of 1985.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.

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