Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa27. Withdrawal, dismissal and settlement |
| (1) | Where a summons has not been served or the period limited for delivery of notice of intention to defend has expired and no such notice has been delivered, the plaintiff may withdraw the summons by notice to the registrar or clerk of the court. |
| (2) | Save as provided by subrule (1), a plaintiff or applicant desiring to withdraw an action or application against all or any of the parties thereto shall deliver a notice of withdrawal similar to Form 6 of Annexure 1. |
| (3) | Any party served with notice of withdrawal may within 20 days thereafter apply to the court for an order that the party so withdrawing shall pay the applicant's costs of the action or application withdrawn, together with the costs incurred in so applying: Provided that where the plaintiff or applicant in the notice of withdrawal embodies a consent to pay the costs, such consent shall have the force of an order of court and the registrar or clerk of the court shall tax the costs on the request of the defendant. |
| (4) | Any party may by delivery of notice abandon any specified claim, exception or defence pleaded by him or her and such notice shall be taken into consideration in taxing costs. |
| (5) | If in any proceedings a settlement or an agreement to postpone or withdraw is reached, the attorney for the plaintiff or applicant shall inform the registrar or clerk of the court and other parties to the action by delivering a notice accordingly. |
| (6) | Application may be made to the court by any party at any time after delivery of notice of intention to defend and before judgment to record the terms of any settlement of an action without entry of judgment agreed to by the parties: Provided that if the terms of settlement so provide, the court may make such settlement an order of court. |
| (7) | An application referred to in subrule (6) shall be on notice, except when the application is made in court during the hearing of any proceeding in the action at which the other party is represented or when a written waiver (which may be included in the statement of the terms of settlement) by such other party of notice of the application is produced to the court. |
| (8) | At the hearing of an application referred to in subrule (6) the applicant shall lodge with the court a statement of the terms of settlement signed by all parties to the action and, if no objection thereto be made by any other party, the court shall note that the action has been settled on the terms set out in the statement and thereupon all further proceedings in the action shall, save as provided in subrules (9) and (10), be stayed. |
(9)
| (a) | When the terms of a settlement agreement which was recorded in terms of subrule (6) provide for the future fulfilment by any party of stated conditions and such conditions have not been complied with by the party concerned, the other party may at any time on notice to all interested parties apply for the entry of judgment in terms of the settlement. |
| (b) | An application referred to in this subrule shall be on notice to the party alleged to be in default, setting forth particulars of the breach by the respondent of the terms of settlement. |
| (10) | After hearing the parties to an application referred to in subrule (9) the court may— |
| (a) | discuss the application; |
| (b) | give judgment for the applicant; |
| (c) | set aside the settlement and give such directions for the further prosecution of the action as it may deem fit; or |
| (d) | make such order as it may deem fit as to the costs of the application. |