Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part II : Civil MattersChapter VI : Civil Jurisdiction50A. Removal of divorce action from family court to provincial or local division |
| (1) | Any family court in which a divorce action as defined in section 1 of the Divorce Act, 1979 (Act No. 70 of 1979), is pending— |
| (a) | may at any stage of the proceedings— |
| (i) | on its own accord; |
| (ii) | on application by any party; or |
| (iii) | on application by a Family Advocate appointed under section 2(1) of the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), |
if in the opinion of the court the circumstances so justify;
| (b) | shall, on application of any party, if the other party agrees thereto, |
suspend the proceedings and order the clerk of the court to refer that action in accordance with the rules to the registrar of the provincial or local division having jurisdiction where the court is held, for enrolment.
| (2) | Any question as to costs already incurred in the action referred to in subsection (1) shall abide the result of the action. |
[Section 50A inserted by section 32 of the Magistrate's Courts Amendment Act 120 of 1993]