Law Society of the Northern Provinces and Another v Rules Board for Courts of Law and Others (34474/2009) [2009] ZAGPPHC 91 (26 June 2009)
The court found that the requirements for revenue stamps and payment of court fees under Magistrates' Court Rule 34(4) and Uniform Rule 67 had become impractical to enforce due to administrative changes since 1 April 2009. To prevent prejudice to litigants and ensure the continued functioning of the courts, the...
Source-derived case information.
- Citation
- [2009] ZAGPPHC 91
- Parties
- Applicant: Law Society of the Northern Provinces; Applicant: Müller Mostert and Partners; Respondent: Rules Board for Courts of Law; Respondent: Minister of Justice and Constitutional Development; Respondent: Minister of Finance; Respondent: Registrar of the High Court
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 34474/2009
- Procedural Posture
- Urgent Application / Order Granted After Hearing Counsel
- Outcome
- Application granted. Suspension of rules ordered with retrospective effect.
- Judges
- Rabie
- Legal Topics
- Court Fees, Revenue Stamps, Retrospective Effect of Orders, Magistrates Court Rules, Uniform Rules of Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
Law Society of the Northern Provinces
Applicant
Müller Mostert and Partners
Applicant
Rules Board for Courts of Law
Respondent
Minister of Justice and Constitutional Development
Respondent
Minister of Finance
Respondent
Registrar of the High Court
Respondent
Procedural Posture
Urgent Application / Order Granted After Hearing Counsel
Legal Issues
- 1 Whether the requirements for revenue stamps and payment of court fees under Magistrates' Court Rule 34(4) and Uniform Rule 67 should be suspended.
- 2 Whether court process issued without revenue stamps or payment of court fees since 1 April 2009 is valid.
- 3 Whether retrospective effect should be given to the suspension of the rules.
Ratio Decidendi
The court found that the requirements for revenue stamps and payment of court fees under Magistrates' Court Rule 34(4) and Uniform Rule 67 had become impractical to enforce due to administrative changes since 1 April 2009. To prevent prejudice to litigants and ensure the continued functioning of the courts, the court ordered the suspension of these rules with retrospective effect from 1 April 2009. All court process issued without revenue stamps or payment of court fees since that date was declared valid. The relevant authorities were directed to notify court officials and practitioners accordingly.
Court Disposition
Application granted. Suspension of rules ordered with retrospective effect.
Orders
- Magistrates' Court Rule 34(4) is suspended.
- Rule 67 of the Uniform Rules of Court is suspended.
Full Case Text
Judgment text and source record
23 paragraphs
Case Number: 34474/2009
BEFORE THE HONOURABLE JUSTICE RABIE
26 JUNE 2009
In the matter between: THE LAW SOCIETY OF THE NORTHERN PROVINCES First Applicant
(Incorporated as the Law Society of the Transvaal)
MÃLLER MOSTERT AND PARTNERS Second Applicant
and
THE RULES BOARD FOR COURTS OF LAW First Respondent
THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Second Respondent
THE MINISTER OF FINANCE Third Respondent
THE REGISTRAR OF THE HIGH COURT Fourth Respondent
ORDER
Having read the papers and having heard counsel for the applicants and the first and second respondents,
IT IS ORDERED:
1. Magistrates' Court Rule 34(4) is suspended.
2. Rule 67 of the Uniform Rules of Court is suspended.
3. The aforesaid suspension of Rule 34(4) of the Magistrates' Court Rules and the suspension of Rule 67 of the Uniform Rules of Court will have retrospective effect from 1 April 2009.
4. All court process issued by Clerks of the Magistrates' Court and Registrars of the High Court since 1 April 2009 without revenue stamps or an imprinted stamp as referred to in Rule 34(4) of the Magistrates' Court Rules or without payment of court fees as required by Rule 67 of the Uniform Rules of Court, (which are otherwise valid are declared to have been lawfully issued.
5. It is declared that all court process in the Magistrates' Court and the High Court shall, if not stamped, be issued by Clerks of the Court and Registrars, respectively, without self affixing revenue stamps or imprinted stamps, and without payment of Court fees.
6. The Minister of Justice and Constitutional Development is directed to notify all Clerks of the Court and Registrars of the High Court of this order.
7. The applicant is directed to notify its members of this order.
BY THE COURT.
THE REGISTRAR