Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa60A. Irregular proceedings |
| (1) | A party to a cause in which an irregular step has been taken by any other party may apply to court to set it aside. |
| (2) | An application in terms of subrule (1) shall be on notice to all parties specifying particulars of the irregularity or impropriety alleged, and may be made only if— |
| (a) | the applicant has not himself or herself taken a further step in the cause with knowledge of the irregularity; |
| (b) | the applicant has, within 10 days of becoming aware of the step, by written notice afforded his or her opponent an opportunity of removing the cause of complaint within 10 days; and |
| (c) | the application is delivered within 15 days after the expiry of the second period mentioned in subrule (2)(b). |
| (3) | If at the hearing of an application in terms of subrule (1) the court is of opinion that the proceeding or step is irregular or improper, it may set it aside in whole or in part, either as against all the parties or as against some of them, and grant leave to amend or make any such order as it deems fit. |
| (4) | Until a party has complied with any order of court made against him or her in terms of this rule, he or she shall not take any further step in the cause, save to apply for an extension of time within which to comply with such order. |