Procedures
Uniform Rules of Court, a three-year prescription period, and compulsory judicial case management
High Court litigation runs on the Uniform Rules of Court, magistrates' courts on the Magistrates' Courts Rules. Proceedings are begun by summons where facts are disputed and by notice of motion on affidavit where they are not, and choosing the wrong vehicle is a common and costly error. Most debt claims prescribe after three years under the Prescription Act 68 of 1969.
Key rules
- Jurisdiction — Magistrates' courts hear claims up to the prescribed monetary limits; the High Court has unlimited civil jurisdiction in its division; the Supreme Court of Appeal and Constitutional Court hear appeals. Small claims courts handle low-value matters without legal representation.
- Deadline — Notice of intention to defend: 10 court days after service within the court's jurisdiction
- Deadline — Plea: 20 court days after delivery of the notice of intention to defend
- Deadline — Claims against an organ of state: written notice within six months of the debt arising
- Deadline — Appeal to the Supreme Court of Appeal: leave applied for within 15 days of the order
Governing law
- Superior Courts Act 10 of 2013 and the Uniform Rules of Court
- Magistrates' Courts Act 32 of 1944 and its rules
- Prescription Act 68 of 1969 — three years for ordinary debts, thirty years for judgment debts
- Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002
In practice
Judicial case management under Uniform Rule 37A now applies to trial actions in most divisions, giving a judge control of the timetable and pushing parties toward settlement or narrowed issues before trial. Two further features shape strategy: the six-month statutory notice required before suing an organ of state, which is a trap for the unwary, and the rule that costs follow the result on a party-and-party scale, which makes an early Rule 34 tender or a without-prejudice offer a significant tactical instrument.