• Magistrates' Courts Act, 1944 (Act No. 32 of 1944)
  • Introduction
  • 1. Definitions
  • Part I : Courts
    • Chapter I : Establishment and Nature of Courts
      • 2. Minister's powers relative to districts, regional divisions and courts
      • 3. Existing courts and districts to continue
      • 4. Nature of the courts and force of process
      • 5. Courts to be open to the public, with exceptions
      • 6. Medium to be employed in proceedings
      • 7. Public access to records and custody thereof
      • 7A. Custody of civil summonses and returns thereto
    • Chapter II : Judicial Officers
      • 8. Before whom courts to be held
      • 9. Appointment of judicial officers
      • 9bis. Repealed
      • 9ter. Establishment of Senior Civil and Family Magistrates Appointments Advisory Board
      • 9quat. Appointment of certain practitioners as civil, senior civil
      • 10. Qualifications for appointment of judicial officers
      • 11. Existing judicial officers to continue in office
      • 12. Powers of judicial officers
    • Chapter III : Officers of the Court
      • 13. Clerk of the Court
      • 13A. Registrar of regional division
      • 14. Messengers of the court
      • 15. Service of process by the police
      • 16. Messenger's duties respecting detention of persons by order of court
      • 17. Messenger's return to be evidence
      • 18. Repealed
      • 18A. Repealed
      • 19. Officers appointed previously to remain in office
    • Chapter IV : Practitioners
      • 20. Advocates and attorneys
      • 21. Candidate attorneys
      • 22. Agents
      • 23. Misconduct of practitioners
    • Chapter V
      • 24. Repealed
      • 25. Repealed
  • Part II : Civil Matters
    • Chapter VI : Civil Jurisdiction
      • 26. Area of jurisdiction
      • 27. Jurisdiction of periodical courts
      • 28. Jurisdiction in respect of persons
      • 29. Jurisdiction in respect of causes of action
      • 29A. Jurisdiction in respect of appeals against decisions of Black chiefs, headmen and chief's deputies
      • 29B. Jurisdiction of civil court of district relative to interlocutory
      • 30. Arrests and interdicts
      • 30bis. Attachment to found or confirm jurisdiction
      • 31. Automatic rent interdict
      • 32. Attachment of property in security of rent
      • 33. Curator ad litem
      • 34. Assessors
      • 35. Transfer from one court to another
      • 36. What judgments may be rescinded
      • 37. Incidental jurisdiction
      • 38. Abandonment of part claim
      • 39. Deduction of admitted debt
      • 40. Splitting of claims disallowed
      • 41. Joinder of plaintiffs
      • 42. Joinder of defendants
      • 43. Jurisdiction cumulative
      • 44. Application of sections 34, 35 and 37 to 43 inclusive to claims
      • 45. Jurisdiction by consent of parties
      • 46. Matters beyond the jurisdiction
      • 46A. Matters beyond jurisdiction of court of civil division
      • 47. Counterclaim exceeding jurisdiction
      • 48. Judgment
      • 49. Cession of costs
      • 50. Removal of actions from court to provincial or local division
      • 50A. Removal of divorce action from family court to
    • Chapter VII : Witnesses and Evidence
      • 51. Modes of procuring attendance of witnesses and
      • 51bis. Witness fees
      • 52. Interrogatories
      • 53. Commissions de bene esse
      • 54. Pre-trial procedure for formulating issues
      • 54A. Repealed
    • Chapter VIII : Recovery of Debts
      • 55. Definition
      • 55A. Factors to be taken into account when considering an order which is just and equitable
      • 56. Recovery of costs of letter of demand
      • 57. Admission of liability and undertaking to pay debt in instalments or otherwise
      • 58. Consent to judgment or to judgment and an order
      • 58A. Judgment by default shall be deemed to be judgment of court
      • 59. Written request constitutes first document in an action
      • 60. Prohibition of recovery of fees or remuneration by certain persons
    • Chapter IX : Execution
      • 61. Definition
      • 62. Power to grant or set aside a warrant
      • 63. Execution to be issued within three years
      • 64. Execution in case of judgment debt ceded
      • 65. Offer by judgment debtor after judgment
      • 65A. Notice to judgment debtor if judgment remains unsatisfied
      • 65B. Repealed
      • 65C. Joinder of proceedings
      • 65D. Determination of judgment debtor's financial position
      • 65E. Postponement of proceedings pending execution
      • 65F.  Repealed
      • 65G. Repealed
      • 65H. Repealed
      • 65I. Application for administration order has preference
      • 65J. Emoluments attachment orders
      • 65K. Orders as to costs relating to certain proceedings
      • 65L. Repealed
      • 65M. Enforcement of certain judgments of division of High Court or court for regional division
      • 66. Manner of execution
      • 67. Property exempt from execution
      • 68. Property executable
      • 69. Interpleader claims
      • 70. Sale in execution gives good title
      • 71. Surplus after execution
      • 71A. Movable property which messenger cannot dispose of in terms of this Act, shall be sold by public auction
      • 72. Attachment of debts
      • 73. Suspension of execution of debt
      • 74. Granting of administration orders
      • 74A Documents to be submitted with application for administration order
      • 74B. Hearing of application for administration order
      • 74C. Contents of administration order
      • 74D. Authorising of issue of emoluments attachment order or garnishee order
      • 74E. Appointment of administrator
      • 74F. Notice of and objections to administration orders
      • 74G. List of creditors and debts and additions thereto
      • 74H. Inclusion of creditors in list after granting of administration order
      • 74I. Payments by debtor in terms of administration order
      • 74J. Duties of administrator
      • 74K. Realisation of assets by administrator
      • 74L. Remuneration and expenses of administrator
      • 74M. Furnishing of information by administrator
      • 74N. Failure by administrator to perform his duties
      • 74O. Costs of application for administration order
      • 74P. Remedies restricted by administration order
      • 74Q. Suspension, amendment or rescission of administration order
      • 74R. Administration order no bar to sequestration
      • 74S. Incurring of debts by person subject to administration order
      • 74T. Change of address by debtor subject to administration order
      • 74U. Lapsing of administration order
      • 74V. Interruption of prescription
      • 74W. Failure of administrator to carry out certain duty
      • 75. Jurisdiction to decide disputes arising out of garnishee orders
      • 75bis. Review of conditions of sale of immovable property to be sold in execution of a Supreme Court judgment
      • 76. Execution or payment is discharge pro tanto
      • 77. Saving of existing laws prohibiting attachment
      • 78. Execution or suspension in case of appeal
      • 79. Person who has made a nulla bona return not to incur debts
    • Chapter X : Costs
      • 80. Costs to be in accordance with scales and to be taxed
      • 81. Review of taxation
    • Chapter XI : Appeal and Review
      • 82. By consent, decision of magistrate's court be final
      • 83. Appeal from magistrate's court
      • 84. Time, manner and conditions of appeal
      • 85. No peremption of appeal by satisfaction of judgment
      • 86. Respondent may abandon judgment
      • 87. Procedure of court of appeal
      • 88. Execution of judgment of court of appeal
  • Part III : Criminal Matters
    • Chapter XII : Criminal Jurisdiction
      • 89. Jurisdiction in respect of offences
      • 90. Local limits of jurisdiction
      • 91. Criminal jurisdiction of periodical courts
      • 92. Limits of jurisdiction in the matter of punishments
      • 93. Repealed
      • 93bis. Repealed
      • 93ter. Magistrate to be assisted by assessors 
      • 93quat. Regulations pertaining to assessors
    • Chapter XIII
      • 94. Repealed
      • 95. Repealed
    • Chapter XIV
      • 96. Repealed
      • 97. Repealed
      • 98. Repealed
      • 98bis. Repealed
      • 99. Repealed
    • Chapter XV
      • 100. Repealed
      • 101. Repealed
      • 102. Repealed
    • Chapter XVI
      • 103. Repealed
      • 104. Repealed
      • 105. Repealed
  • Part IV : Offences
    • Chapter XVII : Offences
      • 106. Penalty for disobedience of judgment or order of court
      • 106A. Offence by garnishee
      • 106B. Offence by employer
      • 106C. Offences relating to judgments, emoluments attachment orders and instalment orders
      • 107. Offences relating to execution
      • 108. Custody and punishment for contempt of court
      • 109. Judgment debtor to inform court of his address
  • Part V : General and Supplementary
    • Chapter XVIII : General and Supplementary
      • 110. Pronouncements on validity of law or conduct of President
      • 111. Amendment of proceedings
      • 112. Administration of oath or affirmation
      • 113. Repealed
      • 114. Savings and non-application of Act
      • 115. Saving of pending proceedings
      • 115A. Application of Act to the territory of South-West Africa
      • 116. Laws repealed
      • 117. Short title
  • Schedules
    • Schedule 1 : Laws Repealed
    • Schedule 2 : Offences in respect of which judicial officers must be assisted
    • Schedule 3 : Application to Review Default Judgement and Subsequent Order
• Regulations
  • Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa
    • Notice No. R. 740 of 2010
    • 1. Purpose and application of rules
    • 2. Definitions
    • 3. Duties and office hours of registrars and clerks 
    • 4. Applications in terms of sections 57 and 58 of the Act
    • 5. Summons
    • 6. Rules relating to pleadings generally
    • 7. Amendment of summons
    • 8. Sheriff of the court
    • 9. Service of process, notices and other documents
    • 10. Edictal citation and substituted service
    • 11. Judgment by consent
    • 12. Judgment by default
    • 13. Notice of intention to defend
    • 14. Summary judgment
    • 14A. Provisional sentence
    • 15. Declaration
    • 16. Further particulars
    • 17. Plea
    • 18. Offer to settle
    • 18A. Interim payments
    • 19. Exceptions and applications to strike out
    • 20. Claims in reconvention
    • 21. Replication and plea in reconvention
    • 21A. Close of pleadings
    • 22. Set-down of trial
    • 23. Discovery of documents
    • 24. Medical examinations, inspection of things,  expert testimony and tendering in evidence any plan, diagram, model or photograph
    • 25. Pre-trial procedure for formulating issues
    • 26. Subpoena, interrogatories and committee de bene esse
    • 27. Withdrawal, dismissal and settlement
    • 28. Intervention, joinder and consolidation of actions
    • 28A. Third party procedure
    • 29. Trial
    • 30. Record of proceedings in civil matters
    • 31. Adjournment and postponement
    • 32. Non-appearance of a party - withdrawal and dismissal
    • 33. Costs
    • 34. Fees of the sheriff
    • 35. Review of taxation
    • 36. Process in execution
    • 37. Second or further warrants
    • 38. Security by judgment creditor
    • 39. General provisions regarding execution
    • 40. Execution against a partnership
    • 41. Execution against movable property
    • 42. Execution against movable property (continued)
    • 43. Execution against immovable property
    • 43A. Enforcement of foreign civil judgments
    • 44. Interpleader claims
    • 45. Enquiry into financial position of judgment debtor
    • 46. Attachment of emoluments
    • 47. Attachment of a debt by garnishee order
    • 48. Administration orders
    • 49. Rescission and variation of judgments
    • 50. Appeals and transfer of actions to magistrate's courts
    • 51. Appeals in civil cases
    • 52. Representation of parties
    • 53. Pro Deo applicants
    • 54. Actions by and against partners
    • 55. Applications
    • 55A. Amendment of pleadings
    • 56. Arrests tanquam suspectus de fuga
    • 57. Attachment of property to found or confirm jurisdiction
    • 58. Maintenance pendente lite
    • 59. Assessors
    • 60. Non-compliance with rules, including time limits and errors
    • 60A. Irregular proceedings
    • 61. Records, entries or documents as evidence in civil matters
    • 62. Security for costs
    • 63. Filing, preparation and inspection of documents
    • 64. Procedure for securing the attendance of witnesses in criminal cases
    • 65. Criminal record book
    • 66. Records of criminal cases
    • 67. Criminal appeals
    • 68. Oath of office of interpreter
    • 69. Repeal of rules and transitional provisions
    • 70. Short title and commencement
    • Annexure 1 : Forms
      • Form 1 : Notice of Motion (Short Form)
      • Form 1A : Notice of Motion (Long Form)
      • Form 2 : Summons
      • Form 2A : Provisional Sentence
      • Form 2B : Combined Summons
      • Form 3 : Summons commencing action
      • Form 4 : Edictal citation/substituted service : 
      • Form 5 : Request for default judgment
      • Form 5A : Request for Judgment 
      • Form 5B : Request for Judgment
      • Form 6 : Notice of Withdrawal
      • Form 7 : Notice of Application for Summary Judgment
      • Form 8 : Affidavit in support of Application for Summary Judgment
      • Form 9 : Affidavit under Section 32 of the Act
      • Form 10 : Security under Section 32 of the Act
      • Form 11 : Order under Section 32 of the Act
      • Form 12 : Consent to sale of goods attached under Section 32 of the Act
      • Form 13 : Discovery - form of Affidavit
      • Form 14 : Notice in terms of Rule 23(5)
      • Form 15 : Discovery - Notice to Produce
      • Form 15A : Discovery - Notice to Inspect Documents
      • Form 15B : Discovery - Notice to Produce Documents in Pleadings, etc
      • Form 16 : Order for Interdict Obtained ex parte
      • Form 17 : Order for Arrest of Person suspectus de fuga
      • Form 18 : Order for Attachment of Property
      • Form 19 : Direction to Attend Pre-Trial Conference
      • Form 20 : Order - Pre-Trial Conference
      • Form 21 : Application for Trial with Assessors
      • Form 22 : Summons to Assessor
      • Form 23 : Commissions de bene esse
      • Form 24 : Subpoena
      • Form 25 : Warrant for Payment of Fine
      • Form 26 : Warrant for the Arrest of a Witness in Default
      • Form 27 : Security on Arrest, Attachment or Interdict ex parte
      • Form 28 : Security when Execution is Stayed Pending Appeal
      • Form 29 : Security when Execution is Allowed Pending Appeal
      • Form 30 : Warrant of Ejectment
      • Form 31 : Warrant for Delivery of Goods
      • Form 32 : Warrant for Execution Against Property
      • Form 33 : Notice of Attachment in Execution
      • Form 34 : Notice to Preferent Creditor
      • Form 35 : Interpleader Summons
      • Form 36 : Interpleader Summons
      • Form 37 : Security under Rule 38
      • Form 38 : Emoluments Attachment Order - 
      • Form 39 : Garnishee Order - Section 72 of the Magistrates' Court Act 1944 (Act 32 of 1944)
      • Form 40 : Notice to Appear in court
      • Form 40A : Warrant of Arrest in terms of section 65A(6) of the Magistrates' Court Act, 1944 (Act No. 32 of 1944)
      • Form 40B : Notice to Appear in Court
      • Form 41 : Notice of Set-down of Postponed Proceedings
      • Form 42 : Notice in terms of Rule 58(2)(a)
      • Form 43 : Notice to Third Party
      • Form 44 : Application for an Administration Order - 
      • Form 45 : Statement of Affairs of Debtor
      • Form 46 : Certificate of Service of Foreign Process
      • Form 47 : Notice to Debtor that an Additional Creditor
      • Form 48 : Notice to Debtor that a Creditor
      • Form 49 : Notice to add an Additional Creditor
      • Form 50 : Notice to Creditor that his or her name has been added
      • Form 51 : Administration Order - 
      • Form 52 : Distribution Account
      • Form 52A : Rescission of Administration Order - 
      • Form 53 : Notice of Abandonment of Specified Claim, Exception or Defence
      • Form 54 : Agreement Not to Appeal
      • Form 55 : Request to Inspect Record
      • Form 56 : Criminal Record Book
      • Form 57 : Notice in terms of Section 309B(2)(d)
    • Annexure 2 : Scale of Costs and Fees
      • Table A :  Costs
        • Part I : General Provisions
        • Part II : Undefended Actions
        • Part III : Defended Actions (and Interpleader Proceedings)
        • Part IV : Other Matters
      • Table B : Costs
        • Part I : General Provisions
        • Part II : General Provisions 
        • Part III : General Provisions
      • Table C : General Provisions and Tariff of Fees (Sheriffs)
        • Part I : Sheriffs who are Officers of the Public Service
        • Part II : Sheriffs who are not Officers of the Public Service
      • Table D : Fees to Assessors
    • Appendix A : Tariff of Allowances Payable 
• Proclamations
  • Commencement of the Courts of Law Amendment Act, 2017 (Act No. 7 of 2017)
    • Proclamation No. R. 22 of 2018