Chapter 6 - Magistrate's Court jurisdiction Flashcards
(18 cards)
What does Section 170 of the Constitution state regarding Magistrates’ Courts ?
Section 170, read with Section 110 of the Magistrates’ Courts Act, states that a Magistrates’ Court is not competent to enquire into the constitutional validity of any law or the conduct of the President.
What should be considered when determining the value of a claim ?
Only the capital amount of the claim, excluding interest and costs.
In which cases do monetary limits not apply ?
- Determination of a right of way (servitude).
- Liquidation of close corporations.
- Matters arising from marriages and civil unions (e.g., divorces).
Which matters are excluded from Magistrates’ Courts under Section 46 ?
- Interpretation of a Will.
- Mental Capacity.
- Decree of Perpetual Silence.
What is a decree of perpetual silence ?
It is an order sought against a person who publicly threatens to institute an action against another, requiring them to proceed with the action within a set time or remain silent on the matter.
When is a Magistrates’ Court’s jurisdiction excluded for specific performance ?
Only when the claim for specific performance is rooted in contract and there is no alternative claim for damages.
When can a Magistrates’ Court grant a mandament van spolie ?
A Magistrates’ Court can grant it along with an additional order beyond mere restoration of property.
What interdicts and orders can Magistrates’ Courts grant under Section 30 ?
They may grant orders for attachments, interdicts, and mandament van spolie within jurisdictional limits.
What is the rule regarding property attachment under Section 30bis ?
- A Magistrates’ Court may order attachment of property to found or confirm jurisdiction if the claim is at least R2500 and the property is within the court’s jurisdiction.
- Magistrates have no power to attach property outside their jurisdiction.
What was decided in the case of Bid Industrial Holdings (Pty) Ltd v Strang regarding arrest to found jurisdiction ?
Arrest to found or confirm jurisdiction in the Magistrates’ Courts is no longer competent.
What was the constitutional ruling in Malachi v Cape Dance Academy ?
The procedure of arrest tanquam suspectus de fuga was declared unconstitutional.
What is an automatic rent interdict under Section 31 ?
It enforces a landlord’s tacit hypothec, preventing the removal of movable property if the value does not exceed the monetary limit.
When can a Sheriff attach property under Section 32 ?
If a tenant attempts to remove property to avoid paying rent arrears, the attachment covers:
- Rent in arrears.
- Cost of application.
- Costs of the action for rent.
When does a Magistrates’ Court have territorial jurisdiction ?
- When the defendant resides in, carries on business, or is employed in the court’s territory.
- Is part of a partnership with a business in the court’s territory.
What is jurisdiction based on cause of action ?
- If the cause of action wholly arose within the court’s division.
- If it only partially arose there, another ground must be used (e.g., Actor sequitur forum rei).
What are interpleader proceedings ?
They allow a person holding property claimed by multiple parties to ask the court to decide ownership.
What happens if a defendant does not object to the court’s jurisdiction ?
- The defendant must issue a special plea; otherwise, the court will assume jurisdiction.
- The court will not raise the issue mero motu (on its own).
When does a Magistrates’ Court have jurisdiction over immovable property ?
When an action concerns immovable property or a mortgage bond within the court’s district or division.
