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Christo Smith Law Blog

Amendment : court days vs calendar days

The calculation of time in litigation matters has been amended. Prior to the amendment of the Magistrate’s Court Act, the computation of time in terms of the Act included all calendar days, whilst computation in terms of the rules of court was limited to court days, excluding week-ends and public holidays. The definition of “court day” in terms of the Act has now been amended to bring the computation of time in line with the rules of court.

The amendment affects all time periods in terms of the Act and in particular section 65 notices and section 32 applications. Only court days are now relevant in the computation of time in terms of these provisions and other provisions relating to time periods in terms of the Magistrates’ Court Act.

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Amendment : court days vs calendar days