JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008

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1 JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 PRESENTED BY MS PAT MOODLEY DIRECTOR: LEGAL ADMINISTRATION & MS ASIYA KHAN DEPUTY DIRECTOR: LEGAL ADMINISTRATION

2 OBEJCTIVES OF THE ACT Enhance access to justice by conferring jurisdiction on courts for regional divisions which are distributed throughout the national territory to deal with certain civil matters, including matters currently dealt with in the Divorce Courts established under section 10 of the Administration Amendment Act,1929, and Promote the development of judicial expert's among the ranks of magistrates with the view to broadening the pool of fit and proper persons qualifying for appointment to the superior courts,

3 ACT 31 OF 2008 The Divorce Courts established under section 10 of the Administration Amendment Act,1929, had their origins based on race; An although now open to all races are not geographically distributed throughout the national territory; Courts for regional divisions only deal with criminal matters, while courts for district deal with criminal and civil matters Establish a Regional Civil Jurisdiction. It is consequently the purpose of this act, as an interim measure, pending the further rationalization of the lower courts

4 ACT 31 OF 2008 Any proceeding instituted in a Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), before the commencement of this section and which are not concluded before the commencement of this section must be continued and concluded in all respects as if this had not passed.

5 ACT 31 OF 2008 each Divorce Court, 1929 (Act 9 of 1929), becomes a court of the regional division designated by the Minister in respect of that court; Any person holding office as a presiding officer of a divorce court, hold office as a magistrate of the regional civil division

6 ACT 31 OF 2008 Minister given authority to create duties regional divisions and courts.

7 EASTERN CAPE REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL EASTERN CAPE PORT ELIZABETH East London FAMILY ADVOCATE Mthatha Grahamstown Graaf-Reinet King Williams Town East London Port Elizabeth v Graaf Reinet Mthatha Port Elizabeth Queenstown

8 FREE STATE REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL FREE STATE BLOEMFONTIEN Bethlehem FAMILY ADVOCATE Bloemfontein Bloemfontein Kroonstad Welkom

9 GAUTENG REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL GAUTENG JOHANNESBURG Ekangala Johannesburg FAMILY ADVOCATE Johannesburg Pretoria Kliptown Kempton Park Oberholzer Pretoria Randburg Roodepoort Germiston Vereenining Springs

10 KWAZULU- NATAL REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL KWAZULU-NATAL DURBAN Durban Empangeni Newcastle FAMILY ADVOCATE Newcastle Pietermaritzburg Durban Vryhied Pietermaritzburg Port Shepstone

11 LIMPOPO REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL LIMPOPO POLOKWANE Giyani FAMILY ADVOCATE Polokwane Lebowakgomo Sekhukhune Modimolie Polokwane Tzaneen Thohoyandou

12 MPUMALANGA REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL MPUMALANGA MBOMBELA Eerstehoek(Eukwatini) FAMILY ADVOCATE Nelspruit Evander KwaMahlanga Middleburg Mbombela

13 NORTHERN CAPE REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL NORTHERN CAPE KIMBERLEY De Aar FAMILY ADVOCATE Kimberly Kimberly Springbok Upington

14 NORTH WEST REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL NORTH WEST MMABATHO Brits Ga-Rankuwa FAMILY ADVOCATE Mafeking v Klerksdorp Klerksdorp Mmabatho Potchefstroom Rustenburg Temba Vryburg

15 WESTERN CAPE REGIONAL DIVISION SEAT OF THE COURT PLACES APPOINTED FOR HOLDING OF A COURT ADJUDICATION OF CIVIL WESTERN CAPE CAPE-TOWN Atlantis Bellville Cape Town FAMILY ADVOCATE Worcester George Cape Town George Mitchells Plain Oudsthoorn Somerset West Worcester

16 MAGISTRATES The Act specifically identifies the various categories of persons who may be appointed as magistrates to the civil regional courts

17 JURISDICTION to hear and determine suits relating to:- The nullity of a marriage or civil union the divorce between persons To decide upon any questions arising therefrom Hear any matter and grant any order provided for in this of the Recognition of Customary Marriages Act 1998

18 JURISDICTION For the purposes set out in previous slide, the court shall have jurisdiction:- if EITHER of the parties is domicile in the area of the jurisdiction of the court on the date an which proceedings are instructed; If EITHER party is ordinarily resident in the area of jurisdiction of the court on the said date and has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.

19 TRANSITIONAL PROVISIONS Any proceedings that have commenced in respect of Act 9 of 1929 which are not concluded before the commencement of this section must continue and be concluded as if this Act had not been passed.

20 KZN CIVIL REGIONAL DIVORCE COURT The Jurisdiction of Regional Amendment Act came into effect on the 09 th August Total number of Civil and Divorce matters dealt with by Civil Regional Court OCTOBER January 2012 COURT TOTAL NUMBER OF CIVIL MATTERS DEALT WITH. DURBAN 7634 PIETERMARITZBURG 1274 EMPANGENI 1019 PORTSHEPSTONE 731 NEWCASTLE 674 VRYHEID 321 TOTAL 11653

21 RULES RELATING TO JURISDICTION OF REGIONAL COURTS AMENDMENT ACT OF 2008 ( DIVORCE COURT RULES)

22 PURPOSE OF THE RULES - To promote access to the Courts ( Section 34 of Constitution) - Facilitate the expeditious handling of disputes and the minimization of costs - To enable the Regional Courts to exercise the civil jurisdiction given to them in terms of the Act - To, as far as possible, bring the Magistrate s Courts rules in line with the High Courts eg. Magistrates can call a conference at any time in the civil proceedings

23 SOME OF THE NEW RULES INTRODUCED RULE 3: DUTIES OF THE REGISTRAR - Sub rule 3(8) - Duty of the registrar or CC to assist litigants by explaining these rules of procedure RULE 5: SUMMONS - Introduces the concept of a simple summons and combined summons - Divorce summons must be in the combined summons format - A statement of material facts must be annexed to the summons, containing the material facts upon which the plaintiff is relying to support his/her case (POC)

24 - Appointment of an address for service and delivery of documents - The requirement of service address within 8 ( eight) kms of the Court has changed to 15 (fifteen) kms - Plaintiff s fax and address must be provided were available - Plaintiff must indicate whether he/ she is prepared to accept subsequent documents and notices ( not initial service of documents) by way of fax or - Plaintiff can also request in writing for the defendant to consent to such service of documents

25 Compliance with legislation - If simple summons is issued, a bare allegation of compliance with legislation ( eg. NCA) will be sufficient - But when an appearance to defend is entered, then the declaration must contain full particulars of such compliance - Simple summons - seeking default judgment evidence of compliance must be filed with the DJ application

26 RULE 6: PLEADINGS GENERALLY - Same as the High Court rule 18 except for minor amendment relating to legal practitioners - Every pleading ie. POC and declaration; plea; replication and all subsequent pleadings, shall be signed by an attorney, or if the party is unrepresented, by that party RULE 9: SERVICE OF PROCESSES, NOTICES AND OTHER DOCUMENTS - Sub rule 9(3)(a) makes provisions for a minor or a person under disability - service to be effected upon guardian, tutor, curator - General proviso to sub rule 9(3) - Service for a divorce action other manners of service invalid for divorce action must be personal service on defendant

27 - Sub rules 14 to 25- the provisions of the High Court rules 4(3) to 4(15) which deals with service in a foreign country have been inserted - This because of the increase in inter-country transactions RULE 10: EDICTAL CITATION - Old rule 10 which provided that a summons will lapse if not served within 12 months of issue has been deleted - Now deals with EC - Used where there defendant or respondent is out of the Country, whether or not his exact whereabouts are known - Two fold application - Applicant must obtain leave of court to institute the proceedings, AND - Directions as to the method of service

28 RULE 11: JUDGMENT BY CONSENT - Provision inserted to exclude divorce actions and nullity actions RULE 16: FURTHER PARTICULARS - Rule abolishes further particulars for the purpose of pleading and introduces further particulars for the purpose of trial - This request is made after close of pleadings - not less than 20 days before trial must be complied with within 10 days of receipt RULE 21 A: CLOSE OF PLEADINGS - Before pleadings deemed to be closed upon delivery of the reply, or where no reply, upon expiration of the period limited for the reply - Now, sets out the specific instances when pleadings are considered closed

29 RULE 22: SET DOWN FOR TRIAL - Sub rule 22(4) introduced to encourage magistrates to hold pre-trial conferences before matter is set down for trial RULE 23: DISCOVERY OF DOCUMENTS - More extensive rules now eg. Sub rule (8) provides a more specific remedy for non compliance RULE 55: APPLICATIONS - Major changes made to this section - Old rules did not provide directions in respect of how respondents should oppose an application - Also, did not contain any provisions on urgent applications ( now Rule 55(5)(a)

30 RULE 58: MAINTENANCE PENDITE LITE, CONTRIBUTION TOWARDS COSTS, INTERIM CUSTODY AND ACCESS TO CHILDREN - Allows the Court to grant interim relief pending the outcome of a divorce action RULE 60A: IRREGULAR PROCEEDINGS - Entitles a party to apply to Court to set aside an irregular procedural step taken by an opponent - generally where non compliance with the rules - Must show prejudice suffered by irregular step

31 THANK YOU! Directorate: Legal Administration KZN Regional Office