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

Regulations

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

Annexure 2 : Scale of Costs and Fees

Table A : Costs

Part I : General Provisions
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1. When the amount in dispute is less than or equal to the amount of R3 000, costs shall be taxed on Scale A; when the amount in dispute exceeds the amount of R3 000, but is less than or equal to R50 000, costs shall be taxed on Scale B; when the amount in dispute exceeds R50 000, costs shall be taxed on Scale C.

 

2.        

(a) For the purpose of computing costs, the expression 'amount in dispute' means, where costs are awarded to the plaintiff, the amount or value of the judgment and 'amount or value of the judgment' means, where more than one claim is involved in the action, the total of the amounts involved in the judgment. Where costs are awarded to 244  the defendant, the expression 'amount in dispute' means, the amount or value of the claim, and 'amount or value of the claim' means, where more than one claim is involved in the action, the total of the amounts of all the claims. The amount or value of the judgment or claim shall be inclusive of interest but exclusive of costs. If a matter is settled at any time the costs shall be taxed on the scale laid down in the agreement of settlement.
(b)Where the amount in dispute is not apparent on the face of the proceedings,  costs shall, unless the court orders otherwise, be computed at the higher rate.

 

3. Costs taxable in terms of rule 33 (19) shall be deemed to have been awarded under a judgment for the amount offered or a judgment in the terms of the settlement, as the case may be.

 

4.        Claims for ejectment shall be computed at two months' rent of the premises.

 

5.        The rate at which costs are computed shall not be increased by reason of any claim for confirmation of any interdict or interlocutory order.

 

6.Fees to counsel shall be allowed on taxation only in cases falling within Scale B or Scale C or where the court has made an order in terms of rule 33 (8) and shall not be so allowed unless payment thereof is vouched by the signature of counsel.

 

7. Where the amount allowed for an item is specified, the amount shall be inclusive of all necessary copies, attendances and services (other than services by the sheriff for the magistrate's court) in connection therewith.

 

8.         Where the amount allowed for an item is left blank—

(a)        the drawing of documents (not pleadings) shall be allowed at R19, 00 for each folio;

(b)        copies for filing and service shall also be allowed;

(c)        R12, 00 shall be allowed for each necessary service;

 

9.        

(a)        Where any document appears to the court to be unnecessary prolix, the court may disallow the whole or any part of the fee therefor.

(b)        Where printed forms of documents to be copied are available, the fees for copying shall be limited to the necessary particulars inserted in such printed forms.

 

10.        

(a)        A folio shall consist of 100 written or printed words or figures or part thereof.

(b)        Four figures shall be reckoned as one word.

 

11.        

(a)        Unless otherwise provided, a charge for perusal shall be allowed at R7, 00 per folio in respect of any document or pleading necessarily perused.

(b)        Where a charge is allowed for copying, it shall be allowed at R2, 60 per page, regardless of the number of words, unless otherwise provided.

 

12. Where there are more defendants than one R12, 00 shall be added in respect of each additional defendant for each of items 2 and 3 of Part II and items 2 and 7 of Part III.

 

13. Where the judgment debt is payable in instalments in terms of the judgment or an agreement, a fee of 10% on each instalment collected in redemption of the capital, costs and interest shall be allowed, subject to a maximum of R300,00 on each instalment. No additional fee shall be charged for any attendance in connection with the receipt or payment of any instalment.

 

14. The clerk or registrar of the court shall on taxation disallow any charge unnecessarily incurred.

 

15. Where the fee under any item is calculated on a time basis, the total time spent on any one day shall be calculated and the fee for that day calculated on such total.

 

16. Any amount necessarily and actually disbursed in tracing the debtor