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 The new rules repealed the rules published in 1968 (‘old rules’).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 the High and Magistrates’ courts as far as possible.

Certain provisions, including those relating to a summons lapsing have been omitted from the new rules. Does this mean that a summons can no longer lapse? And if so, what about prescription?

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