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Contents  

Long Title

Part I GENERAL PROVISIONS OF INTERPRETATION

Part II GENERAL PROVISIONS REGARDING WRITTEN LAW

Part III SUBSIDIARY LEGISLATION

Part IV POWERS AND APPOINTMENTS

Part V PENAL PROVISIONS

Part VA PROVISIONS RELATING TO COURT PROCEEDINGS

Part VI MISCELLANEOUS

Legislative History

Comparative Table

 
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On 22/10/2017, you requested the version in force on 02/08/2013 incorporating all amendments published on or before 02/08/2013. The closest version currently available is that of 01/01/2006.
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Process for making applications to Court in civil proceedings
41A.
—(1)  Where any written law which provides for an application in any civil proceedings to be made to a Court —
(a)
does not prescribe the process by which the application is to be made; or
(b)
prescribes that the application is to be made by way of a petition, a motion, an originating motion or a summons in chambers,
that written law shall, in relation to any such application that is made thereunder on or after 1st January 2006, be deemed to require that the application shall be made —
(i)
by way of an originating summons, if it commences the proceedings; or
(ii)
by way of a summons, if it is made in proceedings that are pending.
(2)  Where pursuant to subsection (1) an application is made to a Court under any written law by way of an originating summons or a summons —
(a)
the application shall be made in accordance with the Rules of Court;
(b)
the Court may give to the parties to the application such directions as the Court thinks just and expedient for the purpose of facilitating the progress of the application as an application made by originating summons or summons, as the case may be; and
(c)
any provision in that written law which relates to the practice and procedure for making such an application and which is inconsistent with this section or with the Rules of Court shall, to the extent of the inconsistency, have no effect in relation to that application.
(3)  Subsections (1) and (2) shall not apply to —
(a)
petitions of appeal; or
(b)
such other class or classes of applications to or proceedings in the Court as may be prescribed under subsection (7).
(4)  Nothing in this section shall prevent any relief obtainable by way of an application to a Court under any written law from being included as one of the reliefs sought in a writ of summons by which an action is commenced before the Court.
(5)  For the avoidance of doubt, any application that —
(a)
was made to a Court before 1st January 2006 under any written law to which subsection (1) applies; and
(b)
is pending before the Court on or after that date,
shall, unless otherwise ordered by the Court, continue to proceed in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to that application immediately before that date, until the application is finally disposed of by the Court.
(6)  In this section, “Court” means —
(a)
the Court of Appeal or a Judge of Appeal;
(b)
the High Court or a Judge thereof;
(c)
a District Court;
(d)
a Magistrate’s Court; and
(e)
such other court as may be prescribed.
(7)  The Minister charged with the responsibility for law may, by order published in the Gazette, prescribe —
(a)
the class or classes of applications to or proceedings in the Court to which this section shall not apply; and
(b)
any other court in relation to which this section shall apply.
History for Provision '41A Process for making applications to Court in civil proceedings'.
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pr41A-.
01/01/2006
Formal Consolidation
12 December 2005
Act
42 of 2005
Compare versionsDiff

07/03/2014
Informal Consolidation
26 February 2014
Amended
Act 5 of 2014

01/01/2015
Informal Consolidation
18 September 2014
Amended
Act 27 of 2014

01/01/2015
Informal Consolidation
18 September 2014
Amended
Act 41 of 2014

01/01/2015
Informal Consolidation
18 September 2014
Amended
Act 42 of 2014