EXAM
PREPARATION
Note: These notes are summarised using NotebookLM AI based on key concepts or
topics that were most likely used to set exam papers in previous years.
, 1. Jurisdiction
1.1. Magistrate’s Court Jurisdiction
1.1.1. MONETARY LIMITS: R200 000 and R400 000 LIMITS
Section 29 of the Magistrates' Courts Act 32 of 1944 (MCA), read with relevant
Government Notices, regulates the general monetary limits for civil jurisdiction in the
lower courts.
General Monetary Thresholds (Section 29 MCA)
● District Magistrates' Courts: Exercise jurisdiction over civil claims where the
amount or value in dispute does not exceed R200,000.
● Regional Magistrates' Courts: Exercise jurisdiction over civil claims where
the amount or value in dispute exceeds R200,000 but does not exceed
R400,000 1-3.
● High Court: Generally, hears civil matters where the claim value exceeds
R400,000 1, 3. (Note: While the High Court retains concurrent jurisdiction
over claims under R400,000, bringing a lower-value claim in the High Court
risks cost penalties on the lower Magistrates' Courts scale).
Causes of Action Subject to the R200,000 and
R400,000 Limits
Under Section 29(1) MCA, the R200,000 (District) and R400,000 (Regional)
thresholds apply across several standard civil actions:
● Delivery or Transfer of Property (Section 29(1)(a)): Movable or immovable
property up to R200,000 in District Courts, and between R200,000 and
R400,000 in Regional Courts (determined by actual market value).
● Ejectment Actions (Section 29(1)(b)): Actions against occupiers where the
clear value of the disputed right of occupation to the occupier does not exceed
R200,000 (District) or exceeds R200,000 up to R400,000 (Regional).
● Liquid Documents & Mortgage Bonds (Section 29(1)(d)): Actions on
liquid documents (e.g., acknowledgments of debt, cheques, promissory
notes) or mortgage bonds up to R200,000 (District) or between R200,000 and
R400,000 (Regional).
, ● Matrimonial Property Act Section 16(1) Claims (Section 29(1)(f)):
Applications to substitute unreasonably withheld spousal consent up to
R200,000 (District) or between R200,000 and R400,000 (Regional).
● General "Catch-All" Actions (Section 29(1)(g)): All other civil actions
(including delictual damages or contract claims) up to R200,000 in District
Courts and between R200,000 and R400,000 in Regional Courts.
Statutory Exceptions (Where the R200,000 / R400,000
Caps Do Not Apply)
Specific matters in lower courts operate outside the standard monetary caps:
● Divorce & Matrimonial Matters (Section 29(1B)): Regional Magistrates'
Courts have specialized, unlimited monetary jurisdiction over divorce
actions, nullity of marriages/civil unions, and customary marriage disputes,
exercising the same jurisdictional powers as a High Court Division.
● National Credit Act (NCA) Agreements (Section 29(1)(e)): Read alongside
Section 172(2) of the NCA, Magistrates' Courts possess unlimited monetary
jurisdiction in respect of credit agreements governed by the NCA and debt
review referrals.
● Close Corporations Liquidation (Section 29(1)(fA)): Magistrates' Courts
hold jurisdiction to handle Close Corporation liquidations under the Close
Corporations Act 69 of 1984 regardless of the monetary value involved.
Statutory Mechanisms to Fit Claims Within Lower
Limits
If a claim exceeds R200,000 or R400,000, three statutory procedures enable a
plaintiff to bring the matter within lower court jurisdiction:
1. Consent (Section 45 MCA): Parties may consent in writing to extend the
monetary jurisdiction of a District Court (for claims exceeding R200,000) or a
Regional Court (for claims exceeding R400,000). Note: Written consent under
Section 45 cannot override statutory exclusions under Section 46 (such as
disputes regarding wills, mental status, or specific performance without
damages).
2. Abandonment (Section 38 MCA): A plaintiff may explicitly abandon the
excess portion of a claim in the summons to bring it within the R200,000 or
R400,000 limit. Under Section 38(2), the abandoned amount is extinguished;
however, if the claim is only partially proved, the abandonment is deemed to
take effect first against the unproved portion.
, 3. Deduction of Admitted Debt (Section 39 MCA): A plaintiff may deduct an
amount they admit owing to the defendant from their total claim to bring the
net balance within the statutory limit.
Rules for Calculating the Monetary Limits
● Prohibition Against Splitting Claims (Section 40 MCA): A single
substantive cause of action exceeding statutory limits cannot be artificially
split into separate smaller actions to fit lower court jurisdiction.
● Combining Separate Causes of Action (Section 43(1) MCA): Multiple
separate claims (each based on a distinct cause of action, such as separate
months of unpaid rent) may be combined in one summons; each claim is
evaluated individually against the threshold rather than adding the totals
together.
● Exclusion of Interest, Costs, and Alternative Relief (Section 37(3)
MCA): Prayers for interest, legal costs, or general/further alternative relief are
excluded when calculating whether the claim falls within the monetary limit.
● Balance of Account (Section 37(1) MCA): Where the claim is for the
balance of an account within the limit, the court can examine evidence across
the whole account even if underlying transactions exceed the monetary cap.
PREPARATION
Note: These notes are summarised using NotebookLM AI based on key concepts or
topics that were most likely used to set exam papers in previous years.
, 1. Jurisdiction
1.1. Magistrate’s Court Jurisdiction
1.1.1. MONETARY LIMITS: R200 000 and R400 000 LIMITS
Section 29 of the Magistrates' Courts Act 32 of 1944 (MCA), read with relevant
Government Notices, regulates the general monetary limits for civil jurisdiction in the
lower courts.
General Monetary Thresholds (Section 29 MCA)
● District Magistrates' Courts: Exercise jurisdiction over civil claims where the
amount or value in dispute does not exceed R200,000.
● Regional Magistrates' Courts: Exercise jurisdiction over civil claims where
the amount or value in dispute exceeds R200,000 but does not exceed
R400,000 1-3.
● High Court: Generally, hears civil matters where the claim value exceeds
R400,000 1, 3. (Note: While the High Court retains concurrent jurisdiction
over claims under R400,000, bringing a lower-value claim in the High Court
risks cost penalties on the lower Magistrates' Courts scale).
Causes of Action Subject to the R200,000 and
R400,000 Limits
Under Section 29(1) MCA, the R200,000 (District) and R400,000 (Regional)
thresholds apply across several standard civil actions:
● Delivery or Transfer of Property (Section 29(1)(a)): Movable or immovable
property up to R200,000 in District Courts, and between R200,000 and
R400,000 in Regional Courts (determined by actual market value).
● Ejectment Actions (Section 29(1)(b)): Actions against occupiers where the
clear value of the disputed right of occupation to the occupier does not exceed
R200,000 (District) or exceeds R200,000 up to R400,000 (Regional).
● Liquid Documents & Mortgage Bonds (Section 29(1)(d)): Actions on
liquid documents (e.g., acknowledgments of debt, cheques, promissory
notes) or mortgage bonds up to R200,000 (District) or between R200,000 and
R400,000 (Regional).
, ● Matrimonial Property Act Section 16(1) Claims (Section 29(1)(f)):
Applications to substitute unreasonably withheld spousal consent up to
R200,000 (District) or between R200,000 and R400,000 (Regional).
● General "Catch-All" Actions (Section 29(1)(g)): All other civil actions
(including delictual damages or contract claims) up to R200,000 in District
Courts and between R200,000 and R400,000 in Regional Courts.
Statutory Exceptions (Where the R200,000 / R400,000
Caps Do Not Apply)
Specific matters in lower courts operate outside the standard monetary caps:
● Divorce & Matrimonial Matters (Section 29(1B)): Regional Magistrates'
Courts have specialized, unlimited monetary jurisdiction over divorce
actions, nullity of marriages/civil unions, and customary marriage disputes,
exercising the same jurisdictional powers as a High Court Division.
● National Credit Act (NCA) Agreements (Section 29(1)(e)): Read alongside
Section 172(2) of the NCA, Magistrates' Courts possess unlimited monetary
jurisdiction in respect of credit agreements governed by the NCA and debt
review referrals.
● Close Corporations Liquidation (Section 29(1)(fA)): Magistrates' Courts
hold jurisdiction to handle Close Corporation liquidations under the Close
Corporations Act 69 of 1984 regardless of the monetary value involved.
Statutory Mechanisms to Fit Claims Within Lower
Limits
If a claim exceeds R200,000 or R400,000, three statutory procedures enable a
plaintiff to bring the matter within lower court jurisdiction:
1. Consent (Section 45 MCA): Parties may consent in writing to extend the
monetary jurisdiction of a District Court (for claims exceeding R200,000) or a
Regional Court (for claims exceeding R400,000). Note: Written consent under
Section 45 cannot override statutory exclusions under Section 46 (such as
disputes regarding wills, mental status, or specific performance without
damages).
2. Abandonment (Section 38 MCA): A plaintiff may explicitly abandon the
excess portion of a claim in the summons to bring it within the R200,000 or
R400,000 limit. Under Section 38(2), the abandoned amount is extinguished;
however, if the claim is only partially proved, the abandonment is deemed to
take effect first against the unproved portion.
, 3. Deduction of Admitted Debt (Section 39 MCA): A plaintiff may deduct an
amount they admit owing to the defendant from their total claim to bring the
net balance within the statutory limit.
Rules for Calculating the Monetary Limits
● Prohibition Against Splitting Claims (Section 40 MCA): A single
substantive cause of action exceeding statutory limits cannot be artificially
split into separate smaller actions to fit lower court jurisdiction.
● Combining Separate Causes of Action (Section 43(1) MCA): Multiple
separate claims (each based on a distinct cause of action, such as separate
months of unpaid rent) may be combined in one summons; each claim is
evaluated individually against the threshold rather than adding the totals
together.
● Exclusion of Interest, Costs, and Alternative Relief (Section 37(3)
MCA): Prayers for interest, legal costs, or general/further alternative relief are
excluded when calculating whether the claim falls within the monetary limit.
● Balance of Account (Section 37(1) MCA): Where the claim is for the
balance of an account within the limit, the court can examine evidence across
the whole account even if underlying transactions exceed the monetary cap.
