| (1) | The Board may, with a view to the efficient, expeditious and uniform administration of justice in the Supreme Court of Appeal, the High Courts and the lower courts, from time to time on a regular basis review existing rules of court and, subject to the approval of the Minister, make, amend or repeal rules for the Supreme Court of Appeal, the High Courts and the lower courts regulating— |
| (a) | the practice and procedure in connection with litigation, including the time within which and the manner in which appeal shall be noted; |
[Section 6(1)(a) substituted by section 4 of Act No. 77 of 1989]
| (b) | the form, contents and use of process; |
| (c) | the practice and procedure in connection with the service of process or other documents, including the issue of interrogatories; |
| (d) | the practice and procedure in connection with the execution of process, including writs and warrants; |
| (e) | the practice and procedure in connection with the reference of any matter to a referee under section 19 of the Supreme Court Act, 1959 (Act 59 of 1959), and the remuneration payable to any such referee; |
| (f) | the compulsory examination by one or more registered medical practitioners of any party to proceedings in which damages or compensation in respect of alleged bodily injury is claimed and whose state of health is relevant for the determination of such damages or compensation, as well as the manner, time, place and responsibility for the cost of the examination, and the making available to the opposing party of any documentary report on the examination; |
| (g) | the procedure at or in connection with any enquiry as to the mental state of any person, and the findings or orders which may be made or issued at any such enquiry; |
| (h) | the appointment and admission of commissioners to take evidence and examine witnesses; |
| (i) | the manner in which documents executed outside the Republic may be authenticated to permit of their being produced or used in any court or produced or lodged in any public office in the Republic; |
| (j) | the appointment and admission of sworn translators; |
| (k) | the duties of sheriffs and other officers of court; |
| (l) | fees and costs, including the fees payable in respect of the service or execution of process (except subpoenas or warrants issued at the request of the State in criminal matters) or in respect of the summoning of persons to answer interrogatories; |
| (m) | the manner of determining the amount of security in any case where it is required that security shall be given, and the form and manner in which such security may be given; |
| (o) | the manner or recording or noting evidence and proceedings; |
| (p) | the custody and disposal of records or minutes of evidence and proceedings in the Supreme Court of Appeal and the High Courts; |
[Section 6(1)(p) substituted by section 23(b) of Act No. 62 of 2000]
| (q) | the appointment of assessors in proceedings in lower courts; |
| (r) | the tariff of fees chargeable by advocates, attorneys and notaries; |
| (s) | the taxation of bills of costs and the recovery of costs; |
| (t) | generally any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Supreme Court of Appeal, the High Courts and the lower courts in civil as well as in criminal proceedings. |
[Section 6(1)(t) substituted by section 23(c) of Act No. 62 of 2000]
[Section 6(1) substituted by section 23(a) of Act No. 62 of 2000]
(2)
| (a) | Different rules may be made in respect of the Supreme Court of Appeal, the High Courts and the lower courts and in respect of different kinds of proceedings. |
| (b) | The Board may, with the approval of the Minister, make different rules in respect of— |
| (i) | the Supreme Court of Appeal and the High Courts; |
| (ii) | the different High Courts; or |
| (iii) | the lower courts in different magisterial districts, |
which shall be of force for the period or periods determined by the Board.
[Section 6(2) substituted by section 23(d) of Act No. 62 of 2000]
| (3) | Rules made under any provision of a law repealed by this Act and in force at the commencement of this Act, shall, subject to the provisions of this Act and notwithstanding the repeal of that provision by section 10 or 11 of this Act, remain in force until amended or repealed under this section. |
| (4) | No new rule or amendment or repeal of a rule shall commence unless it was published in the Gazette at least one month before the day upon which such rule, amendment or repeal is determined to commence. |
| (5) | Every rule and every amendment or repeal thereof shall within 14 days after it commenced be laid upon the Table in Parliament if Parliament is then in session, or if it is not then in session, within 14 days after the commencement of its next ensuing session. |
| (6) | The Board may advise the Minister on the monetary jurisdiction limits of lower courts, the limitation of the costs of litigation and any other matter referred to the Board by the Minister. |
[NB: A subsection (6A) has been inserted by section 62 of the General Law Third Amendment Act 129 of 1993, a provision which will be put into operation by proclamation.]
| (7) | The power to make, amend or repeal rules under subsection (1) shall include the power to make, amend or repeal rules in order to give effect to the provisions of sections 2 and 3 of the Foreign Courts Evidence Act, 1962 ( Act 80 of 1962 ). |
| (8) | The power to make, amend or repeal rules under subsection (1) shall include the power to make, amend or repeal rules in relation to the application of the Admiralty Jurisdiction Regulation Act, 1983 (Act 105 of 1983), prescribing the following: |
| (a) | The appointment of any person or body for the assessment of fees and costs, and the manner in which such fees and costs are to be assessed; |
| (b) | measures aimed at avoiding circuity or multiplicity of actions; |
| (c) | the practice and procedure for referring to arbitration any matter arising out of proceedings relating to a maritime claim, and the appointment, remuneration and powers of an arbitrator. |
