MAGISTRATES’ COURTS RULES: DRAFT AMENDMENTS FOCUS ON PLEADINGS

Input is sought by 31 July 2024 on a proposed amendment to the Magistrates’ Courts rules on pleadings.

According to a Rules Board for Courts of Law notice on the Department of Justice & Constitutional Development website, the purpose of the draft amendment is to address a ‘lacuna’ in Rule 6, which requires that – where the party concerned has engaged an attorney as legal representative – any pleading should be signed by that attorney.

Sub-section 34(2)(a)(ii) of the Legal Practice Act 28, 2014, provides that – subject to certain other conditions – ‘an advocate may render legal services in expectation of a fee, commission, gain or reward’ upon receipt of a request for such services ‘directly from a member of the public or from a justice centre’.

The draft amendment seeks to accommodate this.

Published by SA Legal Academy Policy Watch

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