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

Regulations

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

60. Non-compliance with rules, including time limits and errors
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(1) Except where otherwise provided in these rules, failure to comply with these rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default.

 

(2) Where any provision of these rules or any request made in pursuance of any such provision has not been fully complied with the court may on application order compliance therewith within a stated time.

 

(3) Where any order made under subrule (2) is not fully complied with within the time so stated, the court may on application give judgment in the action against the party so in default or may adjourn the application and grant an extension of time for compliance with the order on such terms as to costs and otherwise as may be just.

 

(4) The court may on an application under subrule (2) or (3) order such stay of proceedings as may be necessary.

 

(5) Any time limit prescribed by these rules, except the period prescribed in rule 51 (3) and (6), may at any time, whether before or after the expiry of the period limited, be extended—
(a)by the written consent of the opposite party; and
(b)if such consent is refused, then by the court on application and on such terms as to costs and otherwise as it may deem fit.

 

(6)        

(a) Where there has been short service without leave, of any notice of set-down or notice of any application or of process of the court the court may, instead of dismissing such notice or process, adjourn the proceedings for a period equivalent, at the least, to the period of proper notice upon such terms as it may deem fit.
(b) If the proceedings are adjourned in the absence of the party who received short service, due notice of the adjournment must be given to such party by the party responsible for the short service.

 

(7) Subject to subrule (8) no process or notice shall be invalid by reason of any obvious error in spelling or in figures or of date.

 

(8) If any party has in fact been misled by any error in any process or notice served upon him or her, the court may on application grant that party such relief as it may deem fit and may for that purpose set aside the process or notice and rescind any default judgment given thereon.