Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024)
Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024) [2025] ZASCA 109 (18 July 2025)
The Supreme Court of Appeal held that the magistrate acted within her powers under rule 49(1) of the Magistrates' Courts Rules by ordering the plaintiff to file a declaration following rescission of judgment under section 58(1) of the Magistrates' Courts Act. Section 59 of the Act confirms that, in the absence of summons, the request for judgment is the first document in the action, and the subsequent exchange of pleadings is procedurally sound. The magistrate's order was a practical and fair measure to advance the dispute to trial, consistent with the audi alteram partem principle and the ef…
Source excerpt
- Magistrates Courts Act
- Rescission Of Judgment
- Declaration Directive
- Pleadings
- Ultra Vires
- Reviewability