Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa35. Review of taxation |
| (1) | Any interested party may, within 15 days after he or she has knowledge thereof, bring before a judicial officer for review— |
| (a) | the costs and expenses claimed in any undefended action; |
| (b) | the assessment by the registrar or clerk of the court of any costs and expenses; |
| (c) | the taxation by the registrar or clerk of the court of any costs awarded in any action or matter; or |
| (d) | the taxation by the registrar or clerk of the court of any fees or charges of the sheriff. |
| (2) | A review in terms of subrule (1) shall be on 10 days' notice to the party entitled to receive or liable to pay such costs and expenses or to the sheriff, as the case may be. |
| (3) | Any party dissatisfied with the decision of the judicial officer as to any item or part of an item which was objected to before the registrar or clerk of the court, may, after notice to the other party, within 10 days of the decision require the judicial officer to state a case for the decision of a judge, which case shall embody all relevant findings of fact by the judicial officer: Provided that, save with the consent of such officer, no case shall be stated where the total of the amounts which he or she has disallowed or allowed, as the case may be, and which the dissatisfied party seeks to have allowed or disallowed, respectively, is less than R1000. |
| (4) | Any party may within 10 days after the judicial officer has stated a case in terms of subrule (3) submit contentions in writing to the judicial officer. |
| (5) | The judicial officer shall lay the case together with the written contentions submitted and his or her own report not later than 15 days after receipt of such contentions, before a judge of the court of appeal who may then— |
| (a) | decide the matter upon the case and contentions so submitted, together with any further information which he or she may require from the judicial officer; or |
| (b) | decide if after hearing the parties or their counsel or attorneys in chambers; or |
| (c) | refer the case for decision to the court of appeal. |
| (6) | The judge or the court deciding a matter in terms of subrule (5) may make such order as he or she or it deems fit, including an order that the unsuccessful party shall pay to the opposing party a sum fixed by the judge or the court as costs. |