CIVIL PROCEDURE
CIV3701// EXAMINATION
MAY 19, 2022
STUDENT NO: 67819761
RISHILE CHAUKE
, QUESTION 1
(a) The Magistrates' Courts are statutory bodies, which means they have no
authority beyond what the law grants them. Because magistrates' courts can
only exercise legislative authority, the common-law rules that apply to
deciding jurisdiction in the High Courts do not apply for determining
jurisdiction in magistrates' courts. A statutory rule governing magistrates' court
jurisdiction may be based on, or similar to, a common-law assumption. This
does not imply that the common-law principle applies; rather, it demonstrates
that the statutory basis is based on the common-law principle.A good example
is the principle of forum domicilii. The High Court of which a defendant is an
incola may exercise jurisdiction in respect of money claims. The Magistrates’
Courts Act 32 of 1944 contains a similar provision in section 28(1)(a), which
provides that the magistrates’ court where a defendant “resides, carries on
business or is employed” has jurisdiction. This section in fact contains the
jurisdiction ground in the magistrates’ courts in this regard, and the common-
law principles (such as ratione domicilii) thus do not apply (and thus may not
be used to indicate why a particular magistrates’ court has jurisdiction).
(b) The irregularity concerns noncompliance with formal requirements in respect
of procedural matters.
Rule 30(2) and magistrates’ courts rule 60A(2) provide that an application in
terms of these rules must be accompanied by notice to all parties. Such an
application is naturally also interlocutory in nature.
Where the party has taken an irregular step during the course of litigation,
Rule 30 provides the other party with a mechanism by means of which the
irregularity may be set aside or dealt with. Rule 30(2) states that an
application to set aside an irregular proceeding shall be on notice to all the
parties specifying the particulars of the irregularity and made only if:
• the applicant himself has not taken a further step with knowledge of the
irregularity
• The applicant has within 10 days of becoming aware of the step by giving
notice to his opponent a chance to remove the complaint within 10 days
and application was delivered within 15 days.
(c) The facts in question, but not the facta probantia, must have occurred within
the jurisdictional area in question, according to Rule 5(6)(a) of the Magistrates'
Courts Rules. The summons must specify that the cause of action arose entirely
inside the district or regional division, and it must include evidence to back up
that claim. If the plaintiff sues in a capacity granted by section 28(1)(d), the
summons must state that the cause of action arose entirely within the district or
regional division, as well as the specific facts supporting that claim. As a result,
CIV3701// EXAMINATION
MAY 19, 2022
STUDENT NO: 67819761
RISHILE CHAUKE
, QUESTION 1
(a) The Magistrates' Courts are statutory bodies, which means they have no
authority beyond what the law grants them. Because magistrates' courts can
only exercise legislative authority, the common-law rules that apply to
deciding jurisdiction in the High Courts do not apply for determining
jurisdiction in magistrates' courts. A statutory rule governing magistrates' court
jurisdiction may be based on, or similar to, a common-law assumption. This
does not imply that the common-law principle applies; rather, it demonstrates
that the statutory basis is based on the common-law principle.A good example
is the principle of forum domicilii. The High Court of which a defendant is an
incola may exercise jurisdiction in respect of money claims. The Magistrates’
Courts Act 32 of 1944 contains a similar provision in section 28(1)(a), which
provides that the magistrates’ court where a defendant “resides, carries on
business or is employed” has jurisdiction. This section in fact contains the
jurisdiction ground in the magistrates’ courts in this regard, and the common-
law principles (such as ratione domicilii) thus do not apply (and thus may not
be used to indicate why a particular magistrates’ court has jurisdiction).
(b) The irregularity concerns noncompliance with formal requirements in respect
of procedural matters.
Rule 30(2) and magistrates’ courts rule 60A(2) provide that an application in
terms of these rules must be accompanied by notice to all parties. Such an
application is naturally also interlocutory in nature.
Where the party has taken an irregular step during the course of litigation,
Rule 30 provides the other party with a mechanism by means of which the
irregularity may be set aside or dealt with. Rule 30(2) states that an
application to set aside an irregular proceeding shall be on notice to all the
parties specifying the particulars of the irregularity and made only if:
• the applicant himself has not taken a further step with knowledge of the
irregularity
• The applicant has within 10 days of becoming aware of the step by giving
notice to his opponent a chance to remove the complaint within 10 days
and application was delivered within 15 days.
(c) The facts in question, but not the facta probantia, must have occurred within
the jurisdictional area in question, according to Rule 5(6)(a) of the Magistrates'
Courts Rules. The summons must specify that the cause of action arose entirely
inside the district or regional division, and it must include evidence to back up
that claim. If the plaintiff sues in a capacity granted by section 28(1)(d), the
summons must state that the cause of action arose entirely within the district or
regional division, as well as the specific facts supporting that claim. As a result,
