Rules Board for Courts of Law

Invitation for comment on proposed amendments to Rule 36 (9) of the Uniform Rules of Court

The Rules Board for Courts of Law (Rules Board) has considered amending subrule (9) of Uniform Rule 36 which provides for opinions and reports by expert witnesses.

The proposed amendment arises out of the recommendation made by the Supreme Court of Appeal in AM and Another v MEC For Health, Western Cape 2021 (3) SA 337 (SCA), at paragraph [26] of the judgment where the court stated:
"While rule 36(9) was innovative when introduced in 1963, times have moved on and the preparation of expert summaries by lawyers, who often have only a tenuous grasp of the real issues in a case, frequently gives rise to problems of this type. It would be desirable for the Rules Board to reconsider the rule. A useful change would be to require the experts to prepare and deliver their reports in their own words and to include both a statement recognising that the report is furnished for the assistance of the court and a statement of truth."

The Rules Board has considered that subrule 36(9) should be amended to provide for an expert witness intended to be called by any party to confirm that:
(a) the report is in such expert's own words;
(b) the report is for the assistance of the court; and
(c) the report is a statement of truth.

The Rules Board proposes that the aforesaid draft amendments be couched in a new paragraph (b) of subrule (9). The Rules Board has also considered that the original text of subrule (9) should be divided into subparagraphs (a)(i) and (a)(ii), and that subparagraph (a)(ii) should be amended to include the phrase "compiled by the expert" to make it clear that a summary of the expert's opinion is to be compiled by the expert, as required by proposed new paragraph (b).

As part of its rule making and consultative process, the Rules Board invites your comments on the amendments proposed to Uniform Rule 36(9) (ANNEXURE A).

Your comments and submissions should be made to the Secretariat of the Rules Board on or before 31 May 2022 and may be sent via hand delivery, post, facsimile or email to: Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume Street, Pretoria
Postal: P.O. Box 13106, The Tramshed, 0126
Facsimile: (012) 326-8018
Email: MuCele@justice.gov.za

Dated: 06 Apr 2022

Invitation for comment on proposed amendments to Magistrates' Courts Rule 18

Amongst the amendments introduced and approved by the Rules Board for Courts of Law (Rules Board) during 2021 to Magistrates' Courts rules 5(3) and 13(3) through the e­development process are those pertaining to the requirement for appointment of a physical address for service of documents. In view of these recent Board-approved amendments, the Rules Board now intends to amend Magistrates' Courts rules 18, 43A, 52A and 58, plus forms 1 B, 2, 2A, 2B, 2C, 3, 4, 38A, 42 and 59 accordingly, for alignment purposes. Central to the proposed amendments is that the physical address chosen by litigating parties for service of documents should be situated in an area either within the court's iurisdiction or within 25 kilometres of the courthouse.

As part of its consultative process, the Rules Board hereby invites your comments on the proposed amendments, for submission to the Secretariat by no later than 29 April 2022and may be sent via hand delivery, post, facsimile or email to:
Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume Street, Pretoria
Postal: P.O. Box 13106, The Tramshed, 0126
Facsimile: (012) 326 8018.
Email: Zintle Mbombo (ZMbombo@justice.gov.za).
Further enquiries may be directed to (012) 326 8014 / 8045.

Dated: 06 Apr 2022

Invitation for comment on proposed amendments to Magistrates' Courts Rule 64

The Rules Board for Courts of Law (Rules Board) is embarking on a process to review Magistrates' Courts rule 64, and in the process, add some e-development features to embrace modern technology.

As part of its consultative process, the Rules Board hereby invites your comments on the proposed amendments, for submission to the Secretariat by no later than 29 April 2022 and may be sent via hand delivery, post, facsimile or email to:
Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume Street, Pretoria
Postal: P.O. Box 13106, The Tramshed, 0126
Facsimile: (012) 326 8018.
Email: Zintle Mbombo (ZMbombo@justice.gov.za).
Further enquiries may be directed to (012) 326 8014 / 8045.

Dated: 06 Apr 2022

Invitation for comment on proposed amendments to forms in the First and Second Schedule to the Uniform Rules of Court

The Rules Board for Courts of Law (Rules Board) has, in the course of its rule review process, considered that certain Forms in the First and Second Schedule to the Uniform Rules of Court require amendment and update.

The amendments proposed to the various Forms are primarily to align with the Superior Courts Act, 2013 (Act No. 10 of 2013) and are apparent from the draft amended Forms which are attached as follows:
1. The Forms in the First Schedule which are proposed to be amended are Annexures A to N.
2. The Forms in the Second Schedule which are proposed to be amended are Annexures 0 to V.

Your comments and submissions should be made to the Secretariat of the Rules Board on or before 22 April 2022 and may be sent via hand delivery, post, facsimile or email to:
Physical: 2nd Floor, Centre Walk East Tower, 266 Thabo Sehume Street, Pretoria
Postal: P.O. Box 13106, The Tramshed, 0126
Facsimile: (012) 326-8018
Email: MuCele@justice.gov.za

Dated: 06 Apr 2022