M.Kriel
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes and
explanatory notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 4: Chapter 6
PART 1: JURISDICTION OF THE MC.
Jurisdiction of HC and MC must be able to differentiate.
1. Introduction:
- What does it mean when we say it is a creature of statute:
● The MC can only hear matters which its corresponding Act
authorises it to do.
● The MC is strictly bound by what the Act allows for.
● The Act - MCAct
● Cannot regulate its own procedure - so it is bound by the
Magistrate Court Rules - so, if there is something in the rules
that is not in the best interest of justice or there is no rule to
cater for a specific situation then the MC cannot go outside the
scope of the rules to allow something for the interest of justice.
Two types of questions: [3-4 marks]
- Differentiate between HC and MC jurisdiction = inherent v creature of
statute
- What does it mean when we say that the MC is a creature of statute.
- The MC is divided into RC and DC and the RC has more jurisdiction
than the DC.
2. Constitutional jurisdiction:
- Do not have any constitutional jurisdiction - cannot hear matters
relating to invalidity of legislation or Act of the President or the conduct
of the President.
- This is controversial ito the fact that they are allowed to develop the
common-law.
If you get a question on this, then it will be sufficient to state that the MC has no
constitutional jurisdiction.
3. Jurisdiction with regard to the value of the claim: [step 1]
- If it is a claim sounding in money - due to contractual or delictual
dispute.
- Regional Court:
★ R200 000.00 - R400 000.00
- District Court:
2
Civil Procedure
SIP 400
Acknowledgement of sources:
These notes were composed based on:
Prof T Bekker, Lecturer in the Department of Procedural law, University of
Pretoria, SIP 400 (civil procedure) 2020. Slides and class notes and
explanatory notes.
SIP 400 Study Guide (2020) (University of Pretoria)
Theophilopoulos C et al Fundamental principles of civil procedure (2015 3rd
edition) Lexis Nexis.
Please note:
These notes shall not be shared without the express consent of the author of these
notes.
1
, M.Kriel
Theme 4: Chapter 6
PART 1: JURISDICTION OF THE MC.
Jurisdiction of HC and MC must be able to differentiate.
1. Introduction:
- What does it mean when we say it is a creature of statute:
● The MC can only hear matters which its corresponding Act
authorises it to do.
● The MC is strictly bound by what the Act allows for.
● The Act - MCAct
● Cannot regulate its own procedure - so it is bound by the
Magistrate Court Rules - so, if there is something in the rules
that is not in the best interest of justice or there is no rule to
cater for a specific situation then the MC cannot go outside the
scope of the rules to allow something for the interest of justice.
Two types of questions: [3-4 marks]
- Differentiate between HC and MC jurisdiction = inherent v creature of
statute
- What does it mean when we say that the MC is a creature of statute.
- The MC is divided into RC and DC and the RC has more jurisdiction
than the DC.
2. Constitutional jurisdiction:
- Do not have any constitutional jurisdiction - cannot hear matters
relating to invalidity of legislation or Act of the President or the conduct
of the President.
- This is controversial ito the fact that they are allowed to develop the
common-law.
If you get a question on this, then it will be sufficient to state that the MC has no
constitutional jurisdiction.
3. Jurisdiction with regard to the value of the claim: [step 1]
- If it is a claim sounding in money - due to contractual or delictual
dispute.
- Regional Court:
★ R200 000.00 - R400 000.00
- District Court:
2
