Chapter 6- Jurisdiction Of Magistrates' Courts

Question 0

What are the implications of the MC being creatures of statute!

Answer 0

The MC must regulate their procedure strictly according to the the MCR.

Question 1

What does it mean that the MC’s are creatures of statute?

Answer 1

They have no jurisdiction beyond that granted by statute creating it, it also has no inherent jurisdiction. MC jurisdiction derives from the MC Act and may therefore hear only those matters which the Act authorises it to hear.

Question 2

How may the MC jurisdiction be limited? -3 points

Answer 2

Same as the HC, namely:

1) Nature of claim
2) Value of claim
3) Area/territory of the court

Question 3

Does the MC have any jurisdiction when it comes to constitutional matters?

Answer 3

No, s170 of the Constitution states that no court lower than the HC may enquire into or rule on the constitutionality of any legislation or any conduct of the president. S170 must also be read along with s110 of the MC Act, which holds that an MC is not competent to to enquire into the constitutional validity of any law or any conduct of the president.

Question 4

Who determines the value limits in MC’s in respect of the different types of claim?

Answer 4

S29(1) and (1A) of the MC Act empowers the Minister of Justice to determine the value limits by publication of a notice in the Government Gazette.

Question 6

With regard to the nature of a claim, what matters are excluded from the jurisdiction of the MC?

Answer 6

S46 of MC Act excludes the following types of claim from jurisdiction of MC:

a) Interpretation/validity of a will
b) Status matters in respect of mental capacity
c) Decree of perpetual silence
d) Specific performance without claim for damages.

Question 7

With regard to the nature of a claim, which claims may adjudicated in the MC? - 9 points

Answer 7

In terms of s29 of the MC Act, the following claims are included in the MC jurisdiction:

1) Actions for delivery/transfer of any property (amount)
2) Actions of ejectment (amount)
3) Actions for determination of a right of way (no amount)
4) Actions arising out of liquid document/mortgage bond (amount)
5) actions arising out of a credit agreement as defined in s1 of National Credit Act
6) Actions in terms of s16(1) of Matrimonial Property Act (amount)
7) Actions, including an application for liquidation, in terms of Close Corporation Act
8) Actions other than those already mentioned (amount)
9) Regional Court: nullity of marriage or civil union and divorces.

Question 8

Apart from the types of claims mentioned in s29 of the MC Act, what other claims does the MC have jurisdiction?

Answer 8

S30, 31 and 32 of the MC Act provide MC with following jurisdiction:

1) Interdicts (s30(1)
2) Attachments to found/confirm jurisdiction (s30bis)
3) Automatic rent interdict (s31)
4) Attachment of property in security of rent (s32)
* Read pg 84-85*

Question 9

What two questions must be asked when determining what court has jurisdiction in regards to territory?

Answer 9

1) Whether it is a HC or MC matter

2) which specific court.

Question 10

With regards to the value of a claim, how is the jurisdiction of the MC limited?

Answer 10

District Court- a dispute may not exceed R100 000;

Regional Division- may exceed R100 000 but not R300 000.

Question 11

How is jurisdiction with regards to territory determined in MC? -8 points

Answer 11

In terms of s28(1), a MC has jurisdiction in respect of the following persons:

(a) Any person who resides, carries on business or is employed within the district or regional division.
(b) Partnership with business premises in district or member residing in district
(c) Any person (plaintiff/applicant) in respect of incidental proceedings
(d) any person if cause of action arose WHOLLY within district
(e) Any party to interpleader proceedings
(f) Person owning immovable property in district iro such property.
(g) Any person who appears and takes no objection to the jurisdiction of the court

Question 12

What are interpleader proceedings?

Answer 12

Interpleader is a kind of procedure whereby a person in possession of property not being his own, and being claimed from such person (possession) by two or more other persons (so called claimants), by which the matter can be brought to court for adjudication over ostensibly valid and enforceable competing claims over the property.

Question 13

In summary how do you determine which MC court has jurisdiction?

Answer 13

1) S29 and 46 of the MC Act to see whether the claim falls under the jurisdiction of the MC
2) Determine which court has monetary jurisdiction
3) Determine which court has jurisdiction in terms of the territory.

Question 14

In what ways is it possibly to extend the jurisdiction of an MC?

Answer 14

1) Incidental jurisdiction
2) Abandonment of portion of a claim
3) Deduction of an admitted debt
4) Consent to extension of jurisdiction
* Read page 89- 96

Question 15

What is incidental jurisdiction?

Answer 15

S37 of MC Act enables court to assume jurisdiction as long as capital amount claimed is within courts jurisdiction. Doesn’t matter that transactions or circumstances giving rise to claim involve much larger amounts.

Question 16

What happens when a plaintiff abandons a portion of his initial claim?

Answer 16

In terms of s38 of the MC Act, when plaintiff’s claim exceeds jurisdiction of MC, plaintiff may, in summons or at any time thereafter, explicitly abandon a portion of the claim in order to bring it within the jurisdiction of the MC.

Question 17

When will a plaintiff abandon a portion of his claim?

Answer 17

1) When amount by which claim exceeds court’s jurisdiction isn’t sufficiently large to justify incurring HC costs, which are higher than MC.
2) When plaintiff anticipates not succeeding in obtaining the full amount of the claim and the amount that he expects to recover is within the MC jurisdiction or exceeds by only small margin.

Question 18

What does the proviso in s38(2) state about abandonment?

Answer 18

When a claim is upheld in part only, amount which was initially abandoned must be subtracted from amount claimed in the summons, not from the lesser amount which has in fact been proved. Eg- A claims R110 000, he abandons R10 000. After proceedings only proves R60 000, the amount he first abandoned will not be taken off the R60 000 that he was only able to prove, but rather from R110 000 that was his initial claim.

Question 19

What happens when a plaintiff subtracts an admitted debt off the amount claimed?

Answer 19

S39 of the MC Act, allows a plaintiff, in order to bring the amount claimed within the jurisdiction of the MC, to deduct from the initial claim any admitted amount owed to the defendant. Eg- A’s initial claim is for R105 000, he deducts an admitted debt that he owes to B of R5000 for services rendered. A only proves an amount of R100 000 at trial, s38(2) proviso doesn’t apply with deduction. Therefore A only gets R95 000 because of deduction.

Question 20

Distinguish between an abandonment and a deduction?

Answer 20

An abandonment s38 is not deducted from the proven amount
Vs.
A deduction s39 is deducted from the proven amount.

Question 21

How can jurisdiction of an MC be extended through consent?

Answer 21

S45 of the MC Act allows for the extension of an MC’s jurisdiction through consent. Consent to extend jurisdiction can only be done to increase the monetary jurisdiction, it can’t be done in respect of causes of action which are specifically excluded by s46.

Question 22

How must consent to extend jurisdiction be given?

Answer 22

S45 of the MC Act states that the consent must be in writing, and the parties can consent to the following:

a) Consent to increase of MC monetary jurisdiction in general
b) Consent to institute proceedings in specific MC which would not normally have jurisdiction due to monetary value.

Question 23

What are the 2 most important grounds for establishing jurisdiction in the MC with regard to territory?

Answer 23

1) Defendant resides/carries on business/employed in that courts area of jurisdiction;
2) Cause of action arose WHOLLY in that court’s area of jurisdiction.