Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa59. Assessors |
| (1) | The court may from time to time frame a list of persons who, having regard to the nature of the business of the court and to their ability and reputation, appear to be qualified and willing to act as assessors under section 34 of the Act upon reasonable notice and upon payment of the fees prescribed in Table D of Annexure 2. |
(2)
| (a) | Every person for the time being named in the list of qualified and willing assessors shall be an assessor for the purposes of this rule and shall continue to be an assessor until a new list has been framed or until he or she gives to the registrar or clerk of the court his or her resignation in writing. |
| (b) | Upon receipt of such resignation as an assessor the registrar or clerk of the court shall remove the name of such assessor from the list of qualified and willing assessors. |
| (c) | An assessor summoned to act as such in any action may not, without the leave of the court, resign during the trial of the action |
| (3) | Nothing in this rule shall prevent the court from summoning, with the consent of all parties to the action, persons not on the list of qualified and willing assessors to act as assessors in any particular action. |
| (4) | The number and names of the assessors to sit in any case shall be decided by consent of the parties or, where they are unable to agree, by the court: Provided that not more than two assessors shall sit in any case. |
(5)
| (a) | A party who desires the trial to take place with assessors shall deliver notice of application for assessors, if he or she is the plaintiff, with the notice of trial, and if he or she is the defendant not more than 5 days after receiving notice of trial. |
| (b) | A notice contemplated in paragraph (a) shall contain either a consent by the other party or a notice setting down the application for hearing. |
(6)
| (a) | The party who desires a trial to take place with assessors shall, at the time of delivering the notice of application, deposit with the registrar or clerk of the court the amount prescribed in Table D of Annexure 2 for each assessor applied for and shall be liable for any further sum becoming due to the assessors for fees. |
| (b) | The fees and expenses of assessors shall, unless otherwise ordered by the court, be costs in the action. |
| (7) | If an application for a trial to take place with assessors is consented to or granted, the registrar or clerk of the court shall summon the assessors named in the consent or selected by the court by having a summons served upon each of them in the manner provided for the service of a summons commencing an action. |
| (8) | If at the time and place appointed for the trial either of the assessors summoned does not attend, the court may either proceed to try the action with the assistance of the assessor, if any, who is in attendance, or without assistance, if none attended, or may adjourn the trial. |
| (9) | Where a trial is postponed or adjourned due to the absence of an assessor, the party who applied for assessors shall, after the order for postponement or adjournment, pay to the registrar or clerk of the court, in addition to the deposit mentioned in subrule (6), the fees due up to the hour of postponement or adjournment to such assessors as have attended. |
| (10) | Where the payment required under subrule (9) is not made the court may stay the action until it be made or may continue the trial without the assistance of assessors or may make such order as it may deem fit. |
| (11) | Every assessor acting in a case shall be entitled to the fees set out in Table D of Annexure 2. |