South African civil procedure

Civil procedure in South Africa sets out the rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.

The sources of civil procedure in South Africa are to be found the Magistrates' Court Act and Rules, the Supreme Court Act, the Uniform Rules of Court,jurisprudence, court practice rules and other legislation. Notice ought also to be taken of the Seventeenth Constitutional Amendment Bill and the Superior Courts Bill.

The South African court system comprises the lower courts, the High Courts, the Supreme Court of Appeal, the Constitutional Court and such special courts as the Small Claims Court, the Labour Court, the Competition Appeal Court, the Tax Courts, the Land Claims Court and the Electoral Court.

There is only a very slight distinction between the procedures of the High Court and those in the Magistrate's Court. As a result, save where otherwise indicated, it is safe to assume that the form and content of the proceedings is the same. It is important to note, however, that both courts have their own empowering statutes and court rules. The Act, in each case, sets out what kinds of disputes may be heard by each court, and the rules prescribe how the disputes will be brought before court: that is to say, the form of pleadings and time limits.

The magistrate's courts are the lower courts in South Africa. These are creatures of statute, created by the Magistrates' Courts Act, and therefore do not have inherent jurisdiction. This means that they may hear only those matters prescribed by the Act. There are two kinds: the district Magistrate's Court and the Regional Magistrate's Court. The country is divided into magisterial districts, each of which has a magistrate's court. In certain cases, magisterial districts are grouped together. In each such region, there is a Regional Magistrate's Court. The Regional Court used to be only a criminal court. Since August 2010, however, it has also had civil jurisdiction. Matters in the magistrate's court are presided over by a magistrate under the leadership of a Chief magistrate.

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