Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa52. Representation of parties |
(1)
| (a) | A party may institute or defend and may carry to completion any legal proceedings either in person or by a practitioner. |
| (b) | A local authority, company or other incorporated body in doing so may act through an officer thereof nominated by it for that purpose. |
| (c) | A partnership or group of persons associated for a common purpose in doing so may act through a member thereof nominated by it for that purpose. |
| (d) | No person acting under paragraphs (a), (b) or (c) other than a practitioner shall be entitled to recover therefor any costs other than necessary disbursements. |
| (2) | It shall not be necessary for any person to file a power of attorney to act, but the authority of any person acting for a party may be challenged by the other party within 10 days after he or she has noticed that such person is so acting or with the leave of the court for good cause shown at any time before judgment and thereupon such person may not, without the leave of the court, so act further until he or she has satisfied the court that he or she has authority so to act and the court may adjourn the hearing of the action or application to enable him or her to do so: Provided that no power of attorney shall be required to be filed by the State Attorney, any deputy state attorney or any professional assistant to the State Attorney or to a deputy state attorney or any attorney instructed in writing by or on behalf of the State Attorney or a deputy state attorney in any matter in which the State Attorney or a deputy state attorney is acting in his or her capacity as such. |
| (3) | If a party dies or becomes incompetent to continue an action the action shall thereby be stayed until such time as an executor, trustee, guardian or other competent person has been appointed in his or her place or until such incompetence shall cease to exist. |
| (4) | Where an executor, trustee, guardian or other competent person has been appointed for a party who has died or has become incompetent, the court may, on application, order that the person so appointed be substituted in the place of that party. |