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Christo Smith Law Blog

Pie procedure under fire

In a recent decision a full bench of the Kwazulu-Natal High Court criticised the procedure that most Magistrates have endorsed in Pie applications. The decision was handed down in May this year but is to date still unreported. The Court held that the Pie Act does not permit a joint notice of motion whereby the notice of motion required by the rules of court and the section 4(2) notice prescribed in Pie are combined. The Court held that the decision of the SCA in Theart condoning this procedure no longer applies due to the amendments to the rules of the Magistrate’s Court. The implications of this decision and how it should be dealt with in practice will be discussed during the upcoming Pie seminars. To make a reservation, click on the link on the tab above.

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Pie procedure under fire