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Christo Smith Law Blog

Magistrate’s Court Jurisdiction increased

The monetary jurisdiction of the Magistrate’s Courts will increase from the 1st June 2014. Courts for districts that presently have jurisdiction in matters not exceeding R100 000,00 will have jurisdiction up to an amount of R200 000,00.

Courts for Regional Divisions presently have jurisdiction between R100 000,00 to R300 000,00 and will from the 1st June 2014 have jurisdiction in matters between R200 000,00 and R400 000,00.

The wording of the regulation is unfortuately unchanged and still creates uncertainty as to the jurisdiction of Regional Courts in matters below the jurisdictional limit of courts for districts. The regulation refers to the jurisdiction of Regional Divisions as “between” the two amounts, which means that regional courts seemingly do not have jurisdiction to hear matters such as damages claims where the claim, although above the threshhold when instituted, is awarded at an amount less than the threshhold.

The full details of the jurisdictional amendments have been published in notices No. 216 and 217 of Government Gazette 37477 of  27 March 2014.

Magistrate’s Court Jurisdiction increased