DOJCD: BRANCHES: Rules Board for Court of Law

RULES BOARD FOR COURTS OF LAW

The Rules Board for Courts of Law ("the Rules Board") is a statutory body which was established bythe Rules Board for Courts of Law Act 107 of 1985 ("the Act") to review the rules of court and to make, amend or repeal rules, subject to the approval of the Minister of Justice.

The Chairperson of the Rules Board is Justice B E Nkabinde who was appointed by the Minister of Justice and Constitutional development in terms of section 3(1)(a) of the Act with effect from 17 May 2005 for a period of five years. The term of office of the other members expired on 16 June 2006. The Minister appointed the current members of the Rules Board with effect from 18 October 2006. The Rules Board's term of office will expire on 16 May 2010.

Draft amendments to the Magistrates’ Courts Rules in compliance with the Jurisdiction of Regional Courts Amendment Act, 2008. The Magistrates’ Court Committee of the Rules Board has reviewed the Magistrates’ Court rules in compliance with the Jurisdiction of Regional Courts Amendment Act, 2008. The amendments and an explanatory memorandum are attached. All role-players are invited to submit their comments to David Neke at dneke@justice.gov.za by 13 February 2009. 09 December 2008
	Draft amendments to the Magistrates’ Courts Rules in compliance with the Jurisdiction of Regional Courts Amendment Act, 2008
	Explanatory memorandum

Section 9 of the Act provides for the establishment of a secretariat to the Board which is to perform the work incidental to the performance by the Board of its functions. The secretariat provides secretarial and administrative support to the Board. The secretariat also conducts research into the rules of court. The Rules Board secretariat is located in the Branch: Legislative and Constitutional Development.

The Rules Board considers representations from users of the Rules for amendments of the Rules. A consultative process is followed before the Rules Board makes a decision to amend a Rule.

After the Rules Board approves the amendment of a particular rule, the amended rules are forwarded to the Minister for approval as required by section 6(1) of the Act. After the Minister approves the amendment, the amendment is published in the Government Gazette and thereafter tabled in parliament.

Since 2004, the Rules Board has approved amendments to a number of Rules which were forwarded to the Minister for her approval.

The Rules Board is currently considering a number of representations .

The Magistrates’ Court Committee of the Rules Board is reviewing the rules of civil procedure which presently apply in the Magistrates’ Courts in compliance with section 9(6)(a) of the Jurisdiction of Regional Courts Amendment Act, 2008, which confers jurisdiction on Regional Courts to deal with civil matters, including matters currently dealt with in the Divorce Courts established under section 10 of the Administration Amendment Act, 1929....read more