Magistrates' Courts Amendment Act 56 of 1984

Magistrates' Courts Amendment Act, 1984 (No. 56 of 1984)

GENERAL EXPLANATORY NOTE:
[ ]  Words in bold type in square brackets indicate omissions from existing epactinents.
__ Words underlined with solid line indicate insertions in existing enactments.

Act

• to amend the Magistrates' Courts Act, 1944, so as to increase the civil jurisdiction of magistrates' courts in respect or causes of action; and
• to provide for matters connected therewith.

(Afrikaans text signed by the State President.)
(Assented to 10 April 1984.)

BE IT ENACTED by the State President arid the House of Assembly of the Republic of South Africa, as follows:-

Amendment of section 29 of Act 32 of 1944, as substituted by section 27 of Act 94 of 1974.

1. Section 29 of the Magistrates' Courts Act, 1944 (hereinafter called the principal Act) is hereby amended-

(a) by the substitution of paragraph (a) of subsection (1) of the following paragraph: 

"(a) actions in which is claimed the delivery or transfer of any property, movable or immovable; not exceeding [one thousand five hundred rand] R5 000 in value;";

(b) by the substitution for the proviso to paragraph (b) of subsection (1) of the following proviso: 

"Provided that, where the right of occupation of any such premises or land is in dispute between the parties, such right does not exceed [one thousand five hundred rand] R5 000 in clear value to the occupier;"; 

(c) by the substitution for paragraph (d) of subsection (1) of the following paragraph: 

"(d) actions on or arising out of a liquid document or a mortgage bond, where the claim does not exceed [three thousand rand] R10 000;";

(d) by the substitution for paragraph (e) of subsection (1) of the following paragraph: 

"(e) actions on or arising out of any credit agreement as defined in section [1 (1) of the Hire-Purchase Act, 1942 (Act No. 36 of 1942)] 1 of the Credit Agreements Act, 1980 (Act No. 75 of 1980), where the claim or the value of the property in dispute does not exceed [three thousand rand] R10 000;"; and

(e) by the substitution for paragraph (f) of subsection (1) of the following paragraph:

"(f) actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed [one thousand five hundred rand] R5 000.". 

Amendment of section 46 of Act 32 of 1944, as amended by section 5 of Act 19 of 1963 and section 28 of Act 94 of 1974.

2. Section 46 of the principal Act is hereby amended by the  substitution for paragraph (c) of subsection (2) of the following paragraph: 

(c) in which is sought specific performance without an sections of alternative of payment of damages, except in-

(i) the rendering of an account in respect of which the claim does not exceed[one thousand five hundred rand] R5 000;

(ii) the delivery or transfer of property, movable or immovable, not exceeding [one thousand five hundred rand] R5 000 in value; and

(iii) the delivery or transfer of property, movable or immovable, exceeding [one thousand five hundred rand] R5 000 in value, where the consent of the parties has been obtained in terms of section 45;".

Short title.

3. This Act shall be called the Magistrates' Courts Amendment Act, 1984.

Commencement

2 May 1984