Call for comments: Increase in the monetary jurisdiction of magistrates’ courts

The Minister Jeff Radebe of Justice and Constitutional Development intends, as part of the ongoing Civil Justice Reform Programme (CJRP), to increase the monetary jurisdiction of the district and regional courts respectively.

Comments are invited from the justice sector, individuals and interested groups on the extent of the increase that may be effected to the district and regional courts.

Magistrates’ courts are easily accessible compared to the high courts where the cost of litigation can run into hundreds of thousands. An overwhelming majority of court cases are heard by magistrates’ courts in over 755 courts situated in municipal districts, compared to high courts whose jurisdictions are provincially based.

In terms of current legislation, a district magistrate’s court can adjudicate over disputes that are under R100 000. Regional courts, in specific areas which were designated in 2010, can hear civil jurisdiction of between R100 000 and R300 000.

Civil disputes above the R100 000 or R300 000 thresholds of the district magistrates’ courts or regional courts respectively may only be adjudicated at a high court which has jurisdiction over the matter. This has the effect of burdening litigants with huge legal costs.

A review of the monetary jurisdiction of the district and regional courts may, therefore promote quicker access to legal recourse at lower costs to the public.

Comments and inputs to be submitted by 24 May 2013 to: E-mail address: submissions@justice.gov.za Fax: 012 357 8925

Enquiries:
Adv JB Skosana
Tel: 012 315 1649

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