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HWJ Coal (Pty) Ltd and Another v Ni-Da Transport (Pty) Ltd (A296/2023) [2024] ZAGPPHC 413 (29 April 2024)
The High Court held that the magistrates’ court lacked jurisdiction because written consent from both parties was not proved, so the appeal succeeded with costs.
Vorster v Clothing City (Pty) Ltd (159/2023) [2024] ZASCA 53; 2025 (2) SA 156 (SCA) (19 April 2024)
The Supreme Court of Appeal held that the jurisdiction of the magistrates' court is determined by the amount claimed in the pleadings at the time the action commences. In this case, the amended claim after apportionment was R398,418.77, which is below the R400,000 threshold for the regional court. The fact that the magistrate may need to consider a higher quantum before applying the apportionment does not oust jurisdiction, as section 37(2) of the Magistrates' Court Act permits the court to make findings beyond its monetary jurisdiction if necessary to decide the matter. The apportionment had…
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