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The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act [2] and Rules, [3] the Superior Courts Act (which repealed and replaced the Supreme Court Act), the Uniform Rules of Court, [4] jurisprudence, court practice rules and other legislation.
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In terms of the procedure adopted in the Magistrates’ Courts, there is a distinction between emoluments attachment orders (which relate to the attachment of the salary or wages owing or accruing to the judgment debtor by a third party), and garnishee orders (which relate to the attachment of all the other kinds of debts which may be owed to ...
South Africa is divided into approximately 350 magisterial districts; each district is served by a district magistrate's court. In criminal cases, district courts have jurisdiction over all crimes except treason, murder and rape, and can impose a sentence of no more than three years imprisonment and a fine of no more than R120,000. [2]
New-order legislation refers to the whole body statute law enacted in South Africa since 1994.It includes both the Interim Constitution and the current Constitution of 1996, under which all such legislation has been enacted, and with which all legislation must be compatible if it is to be valid.
Separate rules apply for statements qualifying as confessions. [8] The Constitution, in section 35(1)(c), may well provide an opportunity for courts to overrule the arbitrary distinction previously made between the admissibility of confessions and the admissibility of admissions. See S v Orrie and S v Molimi.
The hearings of the Court are intended to address particularly difficult issues raised by the written arguments of the parties. The hearings of the Court are open to the public and the press. No cameras or recorders are ordinarily permitted. The public is invited to attend all sessions. Ordinary rules of decent dress and decorum apply.
This template is used to cite cases, legislation and other materials listed in the Southern African Legal Information Institute (SAFLII) database. You should look up the case you wish to cite on SAFLII, then refer to the URL of the web page on which the case appears to fill in the information required by the template.