Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

29. Trial
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(1) Unless the court shall otherwise order, the trial of an action shall take place at the court-house from which the summons was issued.

 

(2) A witness who is not a party to the action may be ordered by the court—
(a) to leave the court until his or her evidence is required or after his evidence has been given; or
(b)to remain in court after his or her evidence has been given until the trial is terminated or adjourned.

 

(3) The court may, before proceeding to hear evidence, require the parties to state shortly the issues of fact or questions of law which are in dispute and may record the issues so stated.

 

(4) If, in any pending action, it appears to the court mero motu that there is a question of law or fact which may conveniently be decided either before any evidence is led or separately from any other question, the court may make an order directing the disposal of such question in such manner as it may deem fit and may order that all further proceedings be stayed until such question has been disposed of, and the court shall at the request of any party make such order unless it appears that the questions cannot conveniently be decided separately.

 

(5) If the question in dispute is a question of law and the parties are agreed upon the facts, the facts may be admitted in court, either viva voce or by written statement, by the parties and recorded by the court and judgment may be given thereon without further evidence.

 

(6) When questions of law and issues of fact arise in the same case and the court is of opinion that the case may be disposed of upon the questions of law only, the court may require the parties to argue upon those questions only and may give its decision thereon before taking evidence as to the issues of fact and may give final judgment without dealing with the issues of fact.

 

(7)        

(a) If on the pleadings the burden of proof is on the plaintiff he or she shall first adduce his or her evidence.
(b) If absolution from the instance is not decreed after the plaintiff has adduced evidence, the defendant shall then adduce his or her evidence.

 

(8) Where on the pleadings the burden of proof is on the defendant, the defendant shall first adduce his or her evidence, and if necessary the plaintiff shall thereafter adduce his or her evidence.

 

(9)        

(a) Where the burden of proving one or more of the issues is on the plaintiff and that of proving others is on the defendant, the plaintiff shall first call his or her evidence on any issues proof whereof is upon him or her, and may then close his or her case,  and the defendant shall then call his or her evidence on all the issues.
(b) If the plaintiff has not called any evidence (other than that necessitated by his or her evidence on the issues proof whereof is on him or her) on any issues proof whereof is on the defendant, he or she shall have the right to do so after defendant has closed his or her case, but If he or she has called any such evidence, he or she shall have no such right.

 

(10)In a case of dispute as to the party upon whom the burden of proof rests, the court shall direct which party shall first adduce evidence.

 

(11) Any party may, with the leave of the court, adduce further evidence at any time before judgment; but such leave shall not be granted if it appears to the court that such evidence was intentionally withheld out of its proper order.

 

(12) The court may at any time before judgment, on the application of any party or of its own motion, recall any witness for further examination.

 

(13) Any witness may be examined by the court as well as by the parties.

 

(14)After the evidence on behalf of both parties has been adduced the party who first adduced evidence may first address the court and thereafter the other party, and the party who first adduced evidence may reply.

 

(15) Where the court has authorised the evidence of any witness to be taken on interrogatories shall be filed within 14 days of the order and cross-interrogatories within 5 days thereafter.