Summary
Summary Chapter 6.1
- Course
- Law of civil procedure
- Institution
- University Of Johannesburg (UJ)
Detailed summary of chapter 6 from the fundamental principles of civil procedure textbook
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By: muhammadebrahim666 • 3 year ago
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CHAPTER 6 – JURISDICTION OFTHE MAGISTRATE’S COURTS
Introduction
GENERAL:
MC deals with a lot more civil cases than the HC
MC has its own rules and procedures
There is an alignment between the rules in the HC
and rules in the MC
DERIVATION OF JURISDICTION:
MC = a creature of statute
∙ Its jurisdiction is bound by the 4 corners of the
MC Act
∙ It can only act on matters prescribed/authorised
by the MC Act
MC has no inherent jurisdiction
Other statutes also confer jurisdiction on the MC:
∙ Child Care Act – every MC also acts as a
children’s court in its area of jurisdiction where
no other children’s court has been established
∙ Maintenance Act – every MC also doubles as a
maintenance court within its area of jurisdiction
MAGISTRATE’S COURT AND CONSTITUTIONAL
JURISDICTION:
S170 Constitution read with S110 MC Act:
, ∙ No court lower than the status of a HC may
enquire into the constitutional validity of ‘any
legislation’ or ‘any conduct’ of the President
JURISDICTION OF THE REGIONAL COURTS AMENDMENT
ACT, 2008:
Previously Regional Courts courts did not have
jurisdiction over civil matters or matters of treason –
could only hear criminal matters
However, due to the Jurisdiction of the Regional
Courts Amendment Act 2008 – Regional courts were
given the power to hear civil matters
∙ Came into force on 9 August 2010
Regional courts now have jurisdiction over the
following civil matters:
∙ Family disputes (divorce, maintenance, adoption,
custody)
∙ Disputes over movable/immovable property
between R100 000 to R300 000
∙ Credit agreements between R100 000 to
R300 000
∙ Road Accident Fund claims between R100 000 to
R300 000
Benefits of this legislation:
∙ Reduced time of finalisation of case (more courts
to deal with the matters)
∙ Reduced costs (cheaper than HC proceedings)
LIMITATION ON JURISDICTION:
Value of the claim (Monetary jurisdiction)
Type of claim (Substantive jurisdiction)
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