Chapter 6 - Magistrate's Court Jurisdiction

Question 1

What does Section 170 of the Constitution state regarding Magistrates’ Courts ?

Answer 1

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.

Question 2

What should be considered when determining the value of a claim ?

Answer 2

Only the capital amount of the claim, excluding interest and costs.

Question 3

In which cases do monetary limits not apply ?

Answer 3

• Determination of a right of way (servitude).
• Liquidation of close corporations.
• Matters arising from marriages and civil unions (e.g., divorces).

Question 4

Which matters are excluded from Magistrates’ Courts under Section 46 ?

Answer 4

• Interpretation of a Will.
• Mental Capacity.
• Decree of Perpetual Silence.

Question 5

What is a decree of perpetual silence ?

Answer 5

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.

Question 6

When is a Magistrates’ Court’s jurisdiction excluded for specific performance ?

Answer 6

• Only when the claim for specific performance is rooted in contract and there is no alternative claim for damages.
• If there is an alternative claim for damages, then the Magistrates’ Court can hear the matter.

Stoop case.

Question 7

When can a Magistrates’ Court grant a mandament van spolie ?

Answer 7

A Magistrates’ Court can grant it along with an additional order beyond mere restoration of property.

Question 8

What interdicts and orders can Magistrates’ Courts grant under Section 30 ?

Answer 8

They may grant orders for attachments, interdicts, and mandament van spolie within jurisdictional limits.

Question 9

What is the rule regarding property attachment under Section 30bis ?

Answer 9

• 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.

Question 10

What was decided in the case of Bid Industrial Holdings (Pty) Ltd v Strang regarding arrest to found jurisdiction ?

Answer 10

Arrest to found or confirm jurisdiction in the Magistrates’ Courts is no longer competent.

Question 11

What was the constitutional ruling in Malachi v Cape Dance Academy ?

Answer 11

The procedure of arrest tanquam suspectus de fuga was declared unconstitutional.

Question 12

What is an automatic rent interdict under Section 31 ?

Answer 12

It enforces a landlord’s tacit hypothec, preventing the removal of movable property if the value does not exceed the monetary limit.

Question 13

When can a Sheriff attach property under Section 32 ?

Answer 13

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.

Question 14

When does a Magistrates’ Court have territorial jurisdiction ?

Answer 14

• 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.

Question 15

What is jurisdiction based on cause of action ?

Answer 15

• 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).

Question 16

What are interpleader proceedings ?

Answer 16

They allow a person holding property claimed by multiple parties to ask the court to decide ownership.

Question 17

What happens if a defendant does not object to the court’s jurisdiction ?

Answer 17

• 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).

Question 18

When does a Magistrates’ Court have jurisdiction over immovable property ?

Answer 18

When an action concerns immovable property or a mortgage bond within the court’s district or division.

Question 19

What are the general rules for the review of proceedings in the Magistrates’ Courts and under what circumstances can a review be brought under Section 46 ?

Answer 19

The Magistrates’ Courts are not courts of record, meaning no appeals can be made against their judgments, however, a party may apply for a review in terms of Section 46 on the following grounds:

• Lack of jurisdiction by the court.
• Bias or conflict of interest, such as interest in the matter, prejudice, malice, or the commissioner being otherwise compromised.
• Gross irregularity in the proceedings.

Question 20

What is the principle of incidental jurisdiction and how does it apply in the context of monetary limits ?

Answer 20

• Under Section 37, incidental jurisdiction allows a Magistrates’ Court to hear a matter if the capital amount claimed is within jurisdiction, regardless of the total value of related transactions.
• Interest and costs are not included in calculating the capital amount.

Question 21

How does Section 38 of the Magistrates’ Courts Act allow a plaintiff to abandon part of a claim, and under what conditions is this typically done ?

Answer 21

• A plaintiff may explicitly abandon part of a claim (even during trial but before judgment) to bring it within the court’s jurisdiction.
• This is especially relevant when moving a matter from the High Court (above R400,000) to the Regional Court (R400,000 or less).
• Per Rule 5(6)(c), the abandonment must be included in the summons, if done after service, the summons must be amended per Rule 55A.

Question 22

What is the golden rule of
abondement ?

Answer 22

The plaintiff gets the amount they can prove, as long as it doesn’t exceed the jurisdictional cap.

Question 23

How does the deduction of an admitted debt under Section 39 help bring a claim within jurisdiction, and how does it differ from abandonment ?

Answer 23

• A plaintiff may deduct any amount owed to the defendant from their claim (liquidated or unliquidated) to fit within the court’s jurisdiction.
• This must be averred in the summons, if done later, the summons must be amended (Rule 55A).
• Deductions allow the plaintiff to recover the full net claim.

Question 24

Under what conditions may parties consent to extending the monetary jurisdiction of the Magistrates’ Court, and what are the limitations ?

Answer 24

• Section 45 allows parties to consent in writing to extend monetary jurisdiction, provided the court already has personal jurisdiction over the defendant
• Consent must be in writing, e.g., in legal correspondence or the summons.
• Consent cannot be used to give jurisdiction over causes of action normally excluded from Magistrates’ Courts.
• Consent cannot override the requirement that the court have jurisdiction over the person of the defendant.
• Consent cannot be given by judgment debtors or defendants in section 57, 58, 65 or 65J proceedings if the court lacks personal jurisdiction.

Question 25

What is the significance of ***University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others*** *?*

Answer 25

The Constitutional Court held that Section 90(2)(k)(vi) of the NCA prevails over Section 45. A consumer under the NCA cannot validly consent to a court outside the one in which they reside or work.

Question 26

What does the principle of splitting of claims prohibit and what is the exception ?

Answer 26

* The law prohibits splitting a single cause of action exceeding jurisdiction into smaller claims to be pursued in multiple actions. This prevents plaintiffs from artificially manipulating jurisdiction. * Where each claim arises from a different cause of action, such as missed payments in an instalment agreement, each non-payment is treated as a separate cause.

Question 27

What does Section 43 provide regarding cumulative jurisdiction and how does it operate with multiple claims ?

Answer 27

Section 43 permits a plaintiff to combine multiple claims in one summons, provided: * Each claim is based on a separate cause of action. * Each individual claim falls within the monetary jurisdiction set out in Section 29.