Civil Litigation and Alternative Dispute Resolution

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To mediate or not to mediate, that is the question

In terms of the amendment made to the Magistrates Courts Rules in March 2014, scope now exists for the use and application of mediation as a dispute resolution mechanism during the litigation process. Generally speaking, invoking negotiation and / or mediation is most ideal before litigation is instigated. This mainly from a cost perspective. However, […]

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New Magistrates Court Rules: Does a summons still lapse? How does this influence prescription?

On 15 October 2010 the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa (generally referred to as the magistrates’ courts rules and referred to here as the ‘new rules’) came into effect. The new rules repealed the rules published in 1968 (‘old rules’). The changes were designed to align […]

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What every debtor and creditor should know about letters of demand in terms of the National Credit Act

The main aim of the new National Credit Act (NCA) is to prevent over-indebtedness and to provide more accessible structures for dispute resolution. One way that the NCA aims to achieve this, is by creating a more transparent platform, which bodes well for debtors and creditors alike. Since the Act’s inception, a major breakthrough has […]

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Rescission of judgement applications in the High and Magistrate’s courts

According to the IOL website, “46.5 percent of credit-active consumers – 8.61 million people – have apparently notbeen making their payments as they should.” This often results in judgements granted by a court and in many cases debtors neglect to defend the actions instituted against them (i.e. a summons). This results in the court granting […]

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Jurisdiction of the Magistrate’s courts in terms of the Jurisdiction of Regional Courts Amendment Act 31 of 2008 (the “Act”)

The commencement of this Act has now largely aligned the rules of the Magistrate’s court with that of the High Court. For example, the addition of the application for irregular proceedings. Moreover, in the past, the Magistrate’s court could only hear matters that did not exceed R100 000. The threshold has now been raised to […]

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