Rules Regulating the Conduct of Courts Amended

Department of Justice and Constitutional Development

Rules Regulating the Conduct of the Proceedings of the Supreme Court of Appeal have been amended.

The amended rules were published in Government Gazette 42064 in terms of the Rules Board for Courts of Law Act.

A new section G for Rule 18 is added to the rules relating to attorney’s fees charged. It kicks in on 10 January 2019.

Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court have also been amended.

A new Rule 16 on representation of parties is added.

Attorneys will be expected to supply an address where documents in the proceedings may be served.

Parties formerly represented must also within 10 days after the notice of withdrawal notify the Registrar and all other parties of a new address for service.

In terms of Rule 38 on procuring evidence for trial, the process for subpoenaing a witness shall be by means of a subpoena in a form similar to Form 16 in the First Schedule.

Rule 43 now deals with interim relief in matrimonial matters.

As regards bill of costs, attorneys will be able to charge 11% of their fees to draw a bill of costs.

If recourse is had to taxation for arranging and attending taxation and obtaining consent to taxation, attorneys may charge 11% on the first R10 000 or portion thereof, 6% on the next R10 000 or portion thereof and 3% on the balance of the total amount of the bill.

Amendments have also been made to Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts.

Paragraph (9) of sub-rule 3 of Rule 9 has been amended dealing with the serving of summons. The summons “shall be served in accordance with the provisions of any law regulating proceedings against and service of documents upon the State or organ of state, a Minister, a Deputy Minister, a Premier or a Member of an Executive Council”.

A new Rule 52A on Notice of Withdrawal, Appointment or Substitution as Attorney of Record has been inserted.

All amendments come into force on 10 January 2019.

In a separate matter, the justice and constitutional development department has published the tourism department’s Promotion of Access to Information Act Description.

It contains a list of records automatically available for inspection, purchasing, copying and free of charge.

Sabinet Cape Town Office