Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa50. Appeals and transfer of actions to magistrate's courts |
| (1) | Where an appeal lies to a magistrate's court it may be noted by delivery of notice within 10 days after the date of the judgment appealed against. |
| (2) | The notice of appeal shall set out concisely and distinctly the grounds of appeal. |
| (3) | The party noting an appeal shall prosecute the same within 20 days after the noting of the appeal. |
| (4) | The hearing of an appeal shall be subject to the delivery by the appellant of notice of set down for a day approved by the registrar or clerk of the court. |
| (5) | A notice of set down referred to in subrule (4) shall be delivered at least 10 days before the day of hearing. |
| (6) | At any time after delivery of notice of appeal but not later than delivery of notice of set-down the appellant shall cause to be filed with the clerk of the court the record, or a duly certified copy thereof, of the proceedings which resulted in the judgment or decision appealed against. |
| (7) | Subject to the provisions of any other law regulating procedure of the court on appeals, the court may, in its discretion, grant leave to a party to adduce oral evidence at the hearing of an appeal or proceed by way of rehearing either in whole or in part. |
| (8) | The court may in its discretion award to either party the costs incurred in an appeal, which costs shall be taxed on such scale of costs prescribed for actions in the court as the court may direct. |
| (9) | The summons or other initial document issued in a case transferred to a court in terms of rule 39(22) of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa shall stand as summons commencing an action in the court to which such case has been so transferred and shall, subject to any right the defendant may have to except thereto, be deemed to be a valid summons, issued in terms of the rules and any matter done or order given in the court from which such case has been transferred and the case shall thereupon proceed from the appropriate stage following the stage at which it was terminated before such transfer. |
| (10) | Costs incurred in a case before transfer in terms of subrule (9) shall, unless the court otherwise directs, be costs in the cause. |