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

Regulations

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

58. Maintenance pendente lite, contribution towards costs, interim custody and access to children
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(1) This rule shall apply whenever a spouse seeks relief from the court in respect of one or more of the following matters:
(a)Maintenance pendente lite;
(b) a contribution towards the costs of a pending matrimonial action;
(c)interim custody of any child; or
(d)interim access to any child.

 

(2)        

(a) An applicant for any relief contemplated in subrule (1) shall deliver a sworn statement setting out the relief claimed and the grounds therefor, together with a notice to the respondent which shall substantially correspond with Form 42 of Annexure 1.
(b) A statement and notice contemplated in paragraph (a) shall be signed by the applicant or his or her legal practitioner, and contain an address for service and shall be served by the sheriff.

 

(3)The respondent shall within 10 court days after receiving a statement and notice contemplated in subrule (2) deliver a sworn reply in the nature of a plea, signed and giving an address for service, in default of which he or she shall be ipso facto barred.

 

(4)As soon as possible after subrule (3) has been complied with the registrar shall bring the matter before the court for summary hearing, on 10 court days’ notice to the parties, unless the respondent is in default.

 

(5) The court may hear such evidence as is considered necessary and may dismiss the application or make such order as it deems fit to ensure a just and expeditious decision.

 

(6)The court may, on the same procedure, vary a decision referred to in subrule (5) in the event of a material change taking place in the circumstances of either party or a child, or the contribution towards costs proving inadequate.

 

(7) No advocate appearing in a case under this rule shall charge a fee of more than R175, 00 if the claim is undefended or R250, 00 if it is defended, unless the court in an exceptional case otherwise directs.

 

(8) No instructing attorney in cases under this rule shall charge a fee of more than R250, 00 if the claim is undefended or R375, 00 if it is defended, unless the court in an exceptional case otherwise directs.