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    © All Rights Reserved
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    78 views35 pages

    Consolidated Practice Notes Cape Bar South Africa 02.2014

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    SCRUPEUSS
    Consolidated practice notes of the Cape Bar

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    © All Rights Reserved
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    ‘Superior Court Practice Western Cape Consolidated Pructice Notes CONSOLIDATED PRACTICE NOTES WESTERN CAPE HIGH COURT, CAPE TOWN! by direcoon of me ue President the following Consolidated Practice Note re opeaive wit effect fom | May 209. iNTRODUCTION 1. All existing Cort Novices, Pace Nos snd Old Cape Rules corey in fare in his Division are here repealed and place with tase Consolidsted Practice Notes (Praice Notes) 2 Inthose Practice Notes, ules the context otherwie indicates means court day, (6) Sudge Presiden includes the Depty Budge President or Acting Judge President he case may be (6 ‘eles means the Uniform Rules of Cort and any wot or expression defined the ass boas the same meaning hein (“ase wanaging jue” means the judge presiding athe Rae 3769 Conference? A. COURT TERMS AND TIMES OF SITTING 3. There shall be four terms in the year daring such prods asthe Pudge Preside! may eterine frm year year” 4 Subject the discretion of any individual ge to ode diferent all he cout of this Divisio wll ordinarily commence at 10800" 5 Subjes wo Practice Note 6 bolo, Pridys during tem ate reserved fr the hearing at ‘appeals reviews, ether matters tobe heard by more thin one je and uch other mae {hedge President may permit be enlied= ‘Admissions (0 Daring term all ppications or admission and enrolment as an oct tore, notary ‘nd conveyance wil be heady two ges onthe ist raday of every ton less he Jadge Presiden, on pri reqs and for god reason, orders otherwise” (2) The presiding judge Will dativer a short adress tthe commenceneat of proceedings {@) In oder to minimise disruptions and enhance the dpnty of the occstoo, ll persons teadine te proceedings Getting practitioners appsarng for splians) will Be quested to remain in court ul he rll has Bon completed. (@ Whenever the numberof applications set dowa fra prclar day sity doing othe ‘oll wile split and willbe dealt with separately dura ssmoraing nd ateroon ces, 7 All other mars sl ie heard on any otes day daring term wales otherwise dred by the ade President provided tha’ no aew opposed matter ar abe st down fox being Inthe ast week of any er without eve of he Dodge President? "Now te Wester Cape Divo of he High Cur, Cape Towo-—ne 6) and 30) be ‘Sane Curs Act 10023 which cae i operate a 28 gan 53 Sec th eo he ‘Westar Cape Dison ofthe High Court athe Nan Volo, Part, “Targa (ed wh fess 2 cer 3. Gene dpe ae, 3N2 Sena, FERS emai, Bower Dat Western Cape Consolidated Practice Notes Superior Count Practice 1 Once te hesrng of any mater hs commenced andthe presiding judge i ailabo, ach satis shall, sve in ecspions eiraumstances, comtinue unl iis cancloded povided tha, ‘mater hata ot completed duriog the second last week of any term all not automatically nine ding hela week of teen without the eye ofthe presi judge To this regaed, the convenience of counsel shall not be regnrded san exceptional cicumstance? ‘9 Daving court recess (all unopposed mater (except divorce aston) shall be heard on TUESDAYS in Third (all unopposed civoree actions, a well a epicaton in ems of Rule 43 (opposed ad 9, shall beard oa WEDNESDAYS inte Third Divison: (9) all Nodes of Set own for mates in Third Division shal bed before 12400 the ‘receding FRIDAY: (urgent andlor opposed matters shal be beards soc mes as the senor dy judge may Sete (9) n special circumstances, any other mater: may be head on sch dies 48 the Jugs Prendet may diet provided tht uring fe period batween Christras and New Year xo court sal i, save there ereumstance cterwize require 10, Circuit eau shall beheld onthe dates and a the venues determined by the Judge Presiden from time time? B. DOCUMENTS AND PLEADINGS 11. All carmen fled wi the Regia (1 shal be type sndprited esc nk ca white paper of Ad siz i double spacing on. one "de of th paper nly with a font sze ates thn T2 pias provied tht the eo may, in ts eisereon flax these requremeats where a Iilgast appears in peraon oc where ‘lreumstance require (2) hall ave a mang of at eat 38mm, which serves a a binding pace and sal not be sed fr notes, sanature inal, taps, et; provided thet where a document which s tobe wed as neni snot of Aa sae or docs nt hase x marin of 35mm or me, should, where posible, be gummed to paper of At sins (hall bea io the fthuad lower earner ofthe Hest page of sucs documeat the name. telephone nmber and (where availabe) the mail address of (aga epresetaie filing such documents ® Wheres ltigae acts a person, the relevat details ach eign fal ikovise appear, 12 The Registrar’ ofce my refse to acept any document whic does not comply with hese requirements? Cro Cape Rat 30. SENM odie, SeNK Se SEN aie, "exe p32 (Since 8, 20151 Superior Court Practice Western Cape Consolidated Practice Notes 15, Whenever du to urgey its no posible eo to lean original document with ‘he Registrar ot hand itn rom the Br, copy terot inluing a fase copy) may ‘be fle or handed in provid hat — () “such a copy shall be ecu, clea, fly eibe, on paper of goad quality and of At (@) the original document shall be places inthe relevant ile asso thereafter os possible! (©. MOTION COURT AND “FAST LANE? 14. The Judge Presiden wil allocate two day judges to Motion Cour (Third Division) each week of he year, srt at 17800 on each Fry, Including court recesses TS. Baguesas which jue ison dy fer court hour each day and ding weekends st be dried only to the regio day” 16, One ofthe judges wil hear all unopposed mates as well as opposed Rule 43 seplicaions in Third Division 17. The ether dy judge, presiding in wha is knowns the “FastLane” Coat, wil deal ‘wih the folowing meters (al unopposed urgent apications brag under Rae (22) nt on he oxinay Tid Division rol (2) all mater Becoming opposed om the Thi Division ral {@) all maters which even unoppesed, ae in the opinion of the see duty judge such to warrant a eating. a separate oot ether By reson ofthe complenity of the mater rth vole of pops, @) allebamber book wpplitons? (6) all mater fered (othe ‘Fast Lan’ Cou by the Judge Presideat 18 Inall mates tobe hearin the Th Division a atic of set down sus led wit the Regisrar by no Inter han noon onthe day bat ane peor wo the date of being? 19. Save where the court is prepared to condone the deft, matters in which tbe se-down has preceded the exp of the des induce may be srk from the rll with appropite cond as to costs 20. In all opposed matters in"Thid Division aching Fast Lane) — (0) the splints attorney must fle @ practice now wie seting the mater dow, indietiag — (@) wheter or mot the mater is ky wo proceed onthe aloeted dates (©) where applicable, te grounds of urgency: (6) fhe mater it be postponed, the ressons) for the prtponnent (@) ‘ll dex, including conics numbers, ofthe legal representatives of all the pares? (2) where the mate is iy to proc on the slated de, the papers inte cur fle mst be collated, indexed and paged bree themes down” rN oa 26, ‘Western Cape Consolidated Practice Notes Superior Court Practice (@) where itis icipated thst argument ily tas for ere tha hal a te partes ‘ust approach the Jadge Presider: fr diresone rearing the aring of the mat! 21 The oie bearing opposed mater in Toi Divison Gnctding Past Lane) may, afer oacng to opal represntive(®), make an onler butte! oot furnish reasons therefor ‘lee conn ace reused intr of ae 6)2 22, Whonoverreasoas fra cours ode re required (whether in temas of Rake 45016) ‘orcsherise) the legal epenentlvecoacemed shall deliver such application or equest for reasons to the judge from whom the reasons are rquire.> "Ds. The pps inthe cour fle ast ese be alloted indexed and paginstod — (2) inal return days: and {@) imal maners whore the papers exced 50 pages, whether the mates ae opposed ct opposed 21s the responsibilty of he apptcan’s (or lan) atorey in all mater to ease thatthe cou fle i in order when ling the nati of sat down = 25, Matrimonial Matters Inall divorce ations — (lp her sal be pesonal sevice ofthe summons onthe defendant unless service ober than peconal Service as boo shored (@) whece moce than six months have elapsed between the ate of service ofthe summons {nl the date of so down notice o se down shal be given othe defends unles the ‘out in tho exercise of is dscetin dispenses with ths requirement * (©) ‘te viil or copy of the mariage cece of he pares hall be handed in atthe hearing” (4) ‘ire wo comply with the rogucment set out above ay result in the mater Being pstponed or strck from the rol with an appropriate der a to cots 261 Save wher the court i ts dscetion and cm good eae shown dispenses therewith, 2 aplicaions in terms of section 21() ofthe Matrimonial Property Act 88 of 1984, and ‘i eplcaons under socdon 88 ofthe Deeds Registries Act 47 of 1937, shal, in adion {ore ruiemens of those Acts io follow the guidlines id down in Ex parte Lourent ft uzor 1986 (2) SA291 (C)° 27, Service sod Publication of Orders (1) Whenever aus ora provisional oder aso be served (whether by delivery andor ‘publication andor posting), mach service sal be effected na Inter thir 10 dy prio fo the ret date of the ed ade nto provisional ode” 2 ON ins aia, pe (Sine: 3,208) Superior Court Practice Western Cape Consolidated Practice Notes @) Waenever an oeder of court bas tobe published in a newspaper or ia any cee sblcation such err sll be publstod only in the lmguage of the reevint newspaper or publication, inespctive ofthe langage in whch the onder sed, ‘nies an rer is spectcally made tat the order of court be pulsed in another Inngusgs, Wier, boner nerspeper or publication publ in moe han oe Janguage, priority shal be given the kaguage in which the order of cour issue? (©) Inall er days an aliavit mt be Hod by he appian’ tony of reco, eting ‘ut in what respect thee has andor has ot been compliance withthe cur order nt sachin the etvane apparting docoment (eg cour order, ser retam andor okt [poof af srvice, publication o psting.* (4 Where wn order cout has bees published in the Gazette oa newspeps, the fll shot withthe heading and the date of a Gazede ox newspaper containing the revert Publication shouldbe atached wo te lida refered fn the preceding paneraph. ‘This page must be folded w Ad ine in sacha ay a to show the order and the date of poblicadon. Altematively, and i ony 2 outing of the der sled, the date sad newspaper in which i was publishes cull be proved by way ofthe avi refered to Inthe preceding paragraph, which hall explain ne lta why the ful page i i filed (©) These’ directions tall apply mutatis madandir where service ie ellaced by way of ‘edi itation or subcued service. 28. Default Judgments ‘Applications for default dementia wens of Rule of Court 31S) must be made stall in accordance with Form “A” ia the Schedule hereto end all sch applications must be accompanied by daft order subset in accordance with Forma “B"? 29, Postponements (1) Assoon as posible alter applicants leal representatives become aware tht a mtr fn the Thisd Division roll to be poponed or removed from the ol, hey sll without diay notify the regiscar ofthe Guy judge concemed™ (2) Wheres mater has previously ben pstoned, an lidavit mast be ld otivaing an pplication for eny furor posponctnc! 30, Notice of Applications for Sequestration / Liquidation (1 ‘Save where the court in is discretion azn good cause shown dipentes therewith tice of intention to apply fora provisions order of sequestration shal be given othe ebior and, if marie, 10 the debtor's spouse (whether mared in our Ise] ent of community af proper), who shal be jcned a respondent (@ Save as provided in Sib paragraph (3) below, nee of intention to apply fora provisional ore ofiidtion shall be given othe company eancemed pie tte fling ofthe appication* SPN CN 36, Ne: Cf ars Supra Cout Practice DE, ®t Gandia Sito Dencopmen an rer 201 8) SAGO (Citas ea dese tt 's ncontaen fr he rep dere nate propery peal exe wher eng Set me sy S30 ta ori it cae eet peo, Se ra he ast le 130) 8 Me teas aya he ese EN) | negate te mater bo doen fer bang pe cmt InP Bo he Wa ame SOx PN se ars (Seve 97,200) Das Western Cape Consolidated Practice Notes Superior Court Practice (3) The court may in its dscrction dispense withthe requirements of the preceding subparagraph where te court is sled Gar it would be in the meres of Oe ‘company or ofthe eedkors to do 20, o tat the company has knowledge tht sch ‘pplication i tobe made (1) Tnhe come of called “iendly soqusttions or, in the cats of epliaione for Windingp, where the applicant is the company acl ofan isis, noice of the provisional der eal lio be geno creo wth claims in excess oF RS O00, ules: {ho court orders otherwise. (Wi regard to "Eeadly sequestations’ in general the enton of pracitoners i daw tothe judgment in Crags v Dedekind and three Snllar masters 1996 (1) A935 (C)) Si, Reports by the Master and other Government Officials (0) Inall sppicaionsreqiiag a Mate’s repr: (including those brought as mates of rgeney) te atom of mart forthe applicant shal fit ledge hier application wih the Register who wil the nor otre eso an appropiate case namber, (6) Thereafter copy ofl he papers led of recor hall b subenitad tote Master vader cover of ona ogussting report und the Regista's ase sumber should appear om the documents thus served upon the Master (© The onus wal treater be on the atomey to lodge the Masts report in the sppropriate cout ile and hal ot enol the mate ull he or she as dane $0." (@) The provisions of pas (1) © ) above shall apply equally to all applications for Voluntary Surrender® (©) Applleatios fr the cous sanction where iis rue under the Companies Act ‘ould ist be submited to the Repstvar of Compuios for apr, and such report is 1o be inluded inthe papers placed before the coun? (©) The rocedie set oat ine proceding sub-paragraph shal subject to the provisions of scion 97() ofthe Deeds Registries Act, 47 of 1937, apply mutatis mands i al cases reqlcng a eport bythe Registrar of Deeds! ‘2, Removal of Restrictions from Title Deeds? Inapplcaons fr te removal of resrctons rom tile dees imposed in es of Towa Planaing Scheme, the order be issued sbeuld ab far ab posse, follow the form as approved in Ex parte Kilian; Hx parte Wichahn 1963 (2) SA'316 CD. 538, Nalonal Credit Act 4 of 2005 (@) In any proceedings insted in terms ofthe Nationa Crit Act 34 of 2005 the Ao) sn respect of ay chim o which he provisions of sections 127,129 or 131 of the Act, pps. he summons or farculas of claim, or, in mon proceedings, te founding pipes, must contain tlic allegations or averments t emube the cout to be Enis the the rocedres equi by thos aio read wih» 1301) ad (2) of he ‘Acs tsa be applicable ote claim ha been complied with efor the saon of {he proceedings. (The serton of practitioners are drawn othe judgment in Rossow ‘and Another Firsrand Bank Lad 2010 (6) SA 439 (SCA), in partial et paras 3337) (@) Tower wo susy the cout of tho maners refered wo in seton 13063) ofthe Act, an side by the ret provider mrt be Hed when judgment applied fo Lens See EN, asd rd = pied in 2000) SA 135. sen “INS Bs (Save 37,201) Superior Court Practice Western Cape Consolidated Practice Notes 234, Urgent Applications) (Q) When an applicaion i alleged to te of enteme urgency. the eplcan’s legal reprsenaive sal approach the Regist aang « hering as son as possible in ‘insulation withthe dy judge. (@) Prctdoners ar expec in ations pone to the baie ruses of Rao (6(5(a) that om 2(0) be ba in spplictons, inching applications with an cement of urgency. inthis tegar he anion of practitioners is dwn to hej Galtagher v Norman's Transport Line: 192 3) SA 300 (W) at 5020-504!) (@) Opposed mater which sre not of exteine urpency but Which ae never to gent to await hearing inde crnary cours on he continous all be pened some prearnce. For eonvnicne thew ates ae ealled ‘nem argen” mater 35. ‘Anton Ptr’ Orders! (1) In all applications Brooght ex parte tir an order to allow the entry and seach of remiss (an ‘Avton Piller" order) nda cnder sb in accordance with Form “C" in the Schedule hereto (varied or plied to the extent ascessry in Paticlat circumstances sw be ana, (@) Wien sve ofthe ender is flected, its be socompaniad by a copy ofthe metice (0 respondent substantially ia accoiacce with Form “D” inthe Scheole here (vated or amplied to de extent neassary in pertcular circumstances), ad the lesion ofthe person servd iso be ptnentiy rected to sch nce and cet, ad no farther tps in prstance ofthe oe shal be tken nl de note ad order hae ‘bun read or rad 0 and understo y he wid pron ade as vl mello ‘sights Ubreundor shouldbe wih t do. Where necessary, the services of Imerpetze are to be called for (©) The tapering aiomey refered tin be notice and detox shoald bes tomy whom he coor considers suitable ln he circumstance and whos ota member ora employe ofthe fm acting forthe applieant Tho application shal ete information fs tthe idendty and expeeace ofthe proposed sepervisig trey (4) Where the premises concer are Iikey to be cape by an omaccompanied Worn andthe supervising atorey i a man, a leat one ofthe persons atenng on Ue Service ofthe noice and oro should be «woman. (©) ‘The order andthe accompanying notice wo 1 be served by the sheriff nthe contets explained by the supervising euorey in'those presence ad under whesespervsion {he provisions othe order aro be cared out. The supervising torn sal nae that no items removed om the remiss ui a of em o be removed his been repre, and a copy thereof has been suplied to the applicant's somey and the ‘person served with te oer, if presen ad wich person hat been feed a easonsble ‘opportanty wo check such it, The sapentsing storey shal not pent the premises 10 be subjected toa seach for items ot sparing onthe schedule of lsd ere refered in paragraph 2 ofthe onde. Ne See Him Syperir Gout Pree DS (es 35,2008) p37 ‘Western Cape Consolidated Practice Notes Superior Court Practice (6) re supecvising storey shal le withthe repsta, by no Iter thn noon on the day baton prosedng the etm day of the odes, concise epee escibing the manne ‘which the err sas complied with The soperssing storey sal ne tht 8 oop) Of hier report delivered {© applicant’ agomey and to respondent (or hie omy, rpresered. 236, Hague Convention Matters! (1) Ail applications trough pusuan tothe provisions ofthe Hague Convention on the (Civil Aepect of International Child Abdo 1980 il edinaly be weated urgent, ruject fo the right of any party to argue tit t sould not be 4 tested in any given {@) Kewl be the rsponsibiity ofthe applicant’ egal representatives wo ensre thatthe Court fie ip elearly endorsed wo ast nda that itn "Hague Convention’ mats ‘Whee an applicant not represented the Registrar shuld ast gant iota pore, (3) The relevant cove file mat be placed before the dy jue the east oppertaniy (@) Should the mater nt be disposed of by the jadgein he urgent court daring the couse ‘ofthat parla werk, the judge that elt wits the mat o another jug designated by the Jadge President wil diary be seized with the mater and will continue to manage the case procera, with de regard to the ugpcy hero unlit pe foe ering. he ai bog to entre falsaton within a maximum of 6 weeks fom dae cof es ofthe appitin 37, Chamber Book Applications? “Applications may be troup hough the Carer Book nthe following matter: — (1) toautharie the issu of process on Satay, Sundays, pblichotdays and ouside the ‘nes specifi in le 3 (@) for detio totho set down of applications refer t in Rule (1); {G) for ndgment on confesion as provid fr in Re 10) (@) foe judgment flowing sceptance of an of or tenet ad flue to pay x perform tin the peso specified Rule 347), (©) Toran oe fr paymeat of wapaid costs following acceptance ofan fer or tender rade in terms of Rae 49), (6) for an exder sso the conditions forte conduct of an eraination as provide for in ule 360); (for en onder to reanve a dispute ax contempt in Role 36) (8) for en onder forthe tanserieon of a eco (ase Rale 399); (0) foran onder hy consent ofthe pares forthe wanafr of ial 9 the magistrate’ cow, subject to the proviso la Rule 3922); (40) for lave, im an informa poaperis mater, w with, setle oF compromise the oceadings orto dscondna sistance therein and forte pving of ietons a tothe sppoiament of a subsets) (ee Role 406); (21) fr rections for service In ppietons involving the Prevention of Mega Eviction {om and Uninwfol Ocspation of Land Ac (PLE) 19 c 1998: 38 [Ss 38,2005) ‘Superior Court Practice Western Cape Consolidated Practice Notes (12) for an order ona case submited by the taxing maser cluding an ana a 0 cot in tees of Ral 482, (23 foran order by consent of he parties for the promotion of alter onthe ol such mate tobe decided by the udgo President or, nso her absence, by the senior tye (09 for an omer by consent ofthe pars removing a mstrtosacther division af the High {Couto to cireit cout o forthe removal a mater fom the cieuit court othe our siting in Cape Tow or forthe removal of mater tthe Divorce Court (15) foran ote othe substintion fx eurtor adie (06 for an onder retring any mater concersng the wel, cstody or maineaance of ‘minors tothe Fuily Advocate for investigation aod repr (17 foc the grunt of am interdict othe amendment rte sting aie thereof by consent of ‘he parties pursuant the provisions ofthe Prevention of Family Vioeace Act, 199%, (08) applications by minors for eave to mare ort elent ape ieships oxo ontacts ‘where he court's anton is ought (49) aplication compel he ing opposing papers where a otc of opposition as been fled, bat ao futher tps have been taken bythe respondent, fling which the mater may be enrolled on he unopposed rll! (20) fr any oder whichis required tobe browgt in Chambers by reason ofthe provisions of any Att raw oc hee Practice Notes, D-TRIALS AND OTHER OPPOSED MATTERS 238, Upo the close of pleadings, the plant's aoraey orf he a he fis 0 do 0, any sry, may apply frail dateby eteing the ruevent particu as equity the Reps Ina ester kept otal purpose? 53, Before aplying fra dat of se-dowa, the atoraey in question shal collate, aur consecutively and suitably secure all pages ofthe pleading and documents in the cour ile. ‘complete index thereof, together with questionnaire subtataly in accordance with Form “E” inthe Schedule ere shall lo be prepare and delivered.® 40. The Regia wil no allocate a eal dae in any trial mates wn uch time asthe provision f Pratce Not 39 above have Been complied with. 4, Pre-trial Procedure and Care Management () inorder to ens tht iti effetve, a pretrial conference soa be bel afte discovery and afer the pris have exchanged docanents and farther paticlas? (@ Ata pretrial conference the partes ist geaucly endesvour to achiev the object of Rule 37 (hy defining triable issues and curtailing proceedings) end the minute mut show thie ‘wy 24016 Cape Rate, LEI 2H min, . “PN 918th ley peat he xine practi bat ose je a Farther dco. ‘Anew pel prcere vil Roel be imped in tenet ase {Senvce 43,2013) D390 Western Cape Consolidated Practice Notes Superior Court Practice (@)A docomeat which purports to be a pre-tat miute but wit does pot achieve the objects of Rae 37 (eg fs mere records) or paraphrase of tho agenda items for discussions at a Ral 37 conference, sal not be accepted asa rope peti minute Proper compliance with Rule 37 is reqlted ensure a moasigfl conference’ (4) Wher ay pty eof the vn that the mater fe ay frit notion fal dite aecontempied by Roo 37) has a et en received, ot or any other reason ‘conference as contemplated by Rule 378) before ajodge in Chambers needs to be convened, sch pty may apply hough ike Chale Book on aie wal lhe party, fora oder hat sch conference be convened provided that 0 sich cnfercace wil Be aavened vals he party sequstng the coaference hss complice with he provisions of Practice Note 39 above. 42. Allocation of Opposed Maters () Whee 2 matter st down for bearing onthe cotinus rll spaced before the Judge President for allocation lo ¢ jude. andthe provision of Rule 620) have no: Boch ‘complied with or the signed inate refered tn Role 370) hs not bea filed the Sige Presiden may refuse wo allocate soch matter wo any judge and ay ore thatthe ater be track fo the rl forthe date fr which thas heen set dowa, ed ise may ‘nae sch othr edo ones a to Bier cams appropriate nchadng any ode a ‘cons? {@) Before 0930 on se ay before a mate 0 the continous or opposed motion cli et, down fo commen the pits appisn's counsel (rhe vento he plait spplicat'scounil oot being eva, hitter Instructing atom) sall advise he ‘Sceoary wo the Judge President in writing (neloding facsimile andor emit) {@) whether oe nt the mater hasbeen eed, (0) ifn std, wht the prospect are of the mate being ste: (0 ofthe ikely ration ofthe mater, (the names and telephone nmbers of cause on both sides: at (9 wbret description ofthe iesuesivaed (when and by which ease managing julge the mater has ben flees “ri =a (@) As so00 as posible after counsel becomes eware tha in a particular matter 09 the ‘ominous of maton sll witeses andor counsel ro out of town will be tesiying ‘or appearing, his -nformation shall be conveyed by couse othe secretary tothe Jodge Present (@ fan opposed materi ted, ori to be witdeawn o postponed oF any sae resed will tbe pura, the atrney of record shall, without delay soi he Restrar in Terms of Role 410) and, whor applicable, shall immediately dete the enty onthe continuous? 2, 2 Fae No 02123497, Komal AShedon jas onc: maths Gtr coe, NT 5 Pagans on 2 Api 203 tof 8 CouetNoie ded 25 Agi 203 ae ty he ge Pon ccs Naot etx of Cols Practice Note 2 rn 1 hy 208 mest ely ith ts eon D310 (ssnnce 8,205) ‘Superior Court Practice ‘Western Cape Consolidated Practice Notes Swperior Court Practice _ Western Cape Consolidated Practice Notes 4, Barly Allocation of Opposed Matters () Kany matter on the cortsuoas rl rogires czy allocation, the legal spreseaaies for the plain, excipient o applicant(s the ease maybe), hl afer coplance wi the rrisons of Rae 20, delverto the secretary fhe Joe Presa, notes than ONE. WEEK before the date of hearing, the rlvant cour together with s otc to tha eer, etng oat tne case mmber, the names ofthe partis and tb legless, sod the dt of hearing! (2) The atice shall otherwise comply wit the provisions of Prstice Note 42(2) above ae ‘all includ ts enmerating tote pars ofthe recond or te heads of argument, i splizebe, wich inthe opinion ofthe prt legal reesotatives, ae not ceevant ft the determination of the matter (©) Mates willbe deemed to require cary allocation, as contemplated above — (a) where the papers including annerares) in he matter exceed 200 pages or (0) where te irae are sch thatthe jade allocated to hear the mater woul a eeder ‘o prepare forthe bearing, reasonably noed receive he papers ear then oss would normaly dos (that the day before the hesing) (© Pail to comply with the provisions of the notice may result ia he mater not being heard on the llocatod day 44. Opposed Motions’ (0) The Registrar shall keep an Opposed Motion Roll, spat from te coutionous oll fr vial. (©) The applicant or respondent in an opposed motion sll arply to the Regia for a date ‘of set-down onthe Opposed Motion Rollin era Rae SY) after complying with the requirements of Pracdce Not 39 above. (The Registrar shal allocate toes availa dat of set dwn nd shal giv otic tal ‘aris of such dat, which date shal note les then 2 das fom te dst of ch nie. (4 The appican’slega representative shall, together wit he eplian's Seas of pte, files short oote sting ou the ame and number of te mate, the amen of counsel {involve (fnown) and, in ithe nature othe mater axis timated Gato, Iran ‘pliant snot represented, tis sub-paragraph shall be complied with by respondents legal represent, E. APPEALS & HEADS OF ARGUMENT 45. Leave to appeal® [Whenever an pplication fr leave to apps to the Supreme Court of Appedl ce othe Full Cour ofthis Division is lodged wit the Regia, he following procedire wil apy bth (oii and crminal matters (0) Counsel orth attorney forte splican fr leave to sppea hall simultaneously therewith alive copy of sch aplication together with he elevat our le othe uae aga ‘wae dent andor ade thespian i dered. ‘Western Cape Consolidated Practice Notes Superior Court Practice (@) Counsel rte aicney forthe applicant or leave o appl shal ter consultation with ‘Soursel or thc attorey forthe rerponiet, pd ot ethan 10 days afte the lodging of ‘he application, apoach the jbdge in chatbersin oder to arrange for a convenient ie fan dat for he Bearing ofthe application. (@) Wiener counselor theatre or the apical tka hasten prod para {2 above, he esterey forthe erporden may ot nie than 13 day after the lodging of the aplication ac on 48 boos notice othe atorney forthe applicant approach the jade to seange aime an date forthe hearing ofthe application (4) Anunepresenedperty wo lodges az aplication for eve to appeal shal smitanously ‘herewith deliver the Registra an adionl copy ofthe aplication which is endorsed foe elery by te Regina, together withthe reevaat eau le tothe jue aginst ‘whowe udgapentler the aplication is deed, (6) Whenever a party ine cil ater i unrepresented, the povsor of paragraphs (2) and (Gy shall be eompied with ar if ach perty was hster own leg representative sve, ‘weve, tht the urepeseried party andor te legal ropresentsive of any ater party ‘ht ppronh he Resear who wil otra approach th dpe ie onder to strange for Convent ie and date forthe bourng ofthe aplication. (6) Whenever thespian for leave to appeal is eeimioa! mat is unrepresented, the Dieter of Public Prosecutions or hier representative shall not ter than 15 day fcr the fling ofthe apliston approach the Reystar who wil in trn approach the judge In rdr to tage fora convenient tne and date forthe hearing ofthe application. The Regist sal ge te applica writen atce ofthe date ed. which aotice shal be ose wo the aplcant ot es han 10 en) days before do bearing. (7) Bere couse lor the aterm fr arty ob purty, as ths case maybe, als 0 Comply withthe poisons afoetid the julge may take such stps as hese deems ecesay to del th she appicaon. 46, ll Bench Appeals () Full Bench appeds will ordinarily be esd during the fist wenk of the FIRST term andthe st meckof the THIRD term of very year, oon such ether dates asthe ade Preset may determin from tie o time. (2) Theol for appeals wl close on 15 September each yar for appeals tobe heard uring the FIRST term ofthe folloing year and oa 18 March (or appeals to be heard during {Be THIRD tera respectively, by whic dates appellants mst tave complied with the ‘provisions of Rae 4(6,) and Rule 47) (6) Atte same tine athe aplication fora dat of an appeal interns of Ral 49(6Xa) an elves of the record interne of Role 45(7a the appellant most deliver a Practice Note (a)the nature of th appeal suceincly staal or example ‘nefigence in MVA cus "appeal gars conviction ad aentence oma charge of murder, “interpretation of soutact/ wil Act OO of 0000 te; (oye date ofthe judgment appealed agaist andthe name of th judge: (the date wien leave to apeal was pane; (athe length o ue recor {el an estimate othe duration ofthe argument (fro than one day i eguited for ‘argument, the reasons for he request) (te pentons oe page ofthe record tat are in language othe than English {g)tbe name) of counel involved inthe appeal (fkoown). (ay The Registrar shal give the pasties writen noice in terms of Role 497) of he dates “nigel forthe hearing of appeals and ofthe dats by when beads of argument are tobe ‘Elvered so as tallow all paris’ heads of argues Tobe fled before the end ofthe ‘erm preceding the hearing of the appeal ps2 [sewwice 4,202) Siperior Cour Practice Western Cape Consolidated Practice Notes (6) The hed of apument of cach party mast be sccompania by Practice Not nding (a) the nan wn user of he mates (byte issues on appeal socineiy aad; (6) summary of he argument, oot execeding 10 word; (alist reecting thse pare ofthe cod if any the party regards ‘ppl apd to which tbey dono inten ose (Prntie Not 46 wetowr and replaad ay 20123 47. Civil Appeal from the magistrates court ‘Heads of argueat in allel speal rom the Magistrates couts shal be dtvered in scconiance with the provisions of Role $09), as maied ty Practice Note 46 above #00, Practice Note 49 below; provided that where the record on ippea! exceeds 400 peg he ‘spellant mst arrange withthe Registra forthe sat allocutin of the mate fr being ed for easier delivery of ead of argument. [Practice Not 4 hon and pies we | ay 202), 48. Criminal Appeals fom Magistrates! Courts Head of argument inal ciinal appeals fom the Magis’ courts salle delivered ‘sccodaice with the provisos of Rule S14). Pursuant wo this rte lads Preside o this Divison has determined a fallow (1) The sppelan’s heads of argument and is of aborts tgether with Smo copies theca shal be delivered not es haa 15 days before he date or which the appeal set dows focheuring and the respondents ot esta 10 days bef ach date (@ Delivery by the appellant of heads of argument in ters ef Rae SC) ead with Role 2, sl incade service on te Director of Public Prosecutions of uch heids of argument accordance with the time periods provided foc in pare ) soe. nelevant to the [Seavce 40,2012) D3-22A ‘Superior Court Practice Miestern Cape Consolidated Pructice Notes (Not les than 30 days prior to the date on which criminal appeal from the Magis’ our inset down fr hearing, te atoraey of record or advocate for the spelt (rte ‘ppl shall conti in writing to the Director of Pablic Prosecutions tat the sppel isto proceed on the date allocated in the notice of set-down forthe heating thevet Falling msous receipt by the Director of Puc Prosecutions of sch conto, the ‘appeal will ot be hear onthe allocated date and wil be suck rom the al 49. Appeals Generally (0) Fame onthe prof an applizt to comply with the provisions of Rules 415), 49A(3) ‘snd (5), 505) and SI as read with Practice Note 41) above ny esl the appa bog struck fom the roll r dismissed. Falere onthe pt ofa sespoadeat to cosy with eny ofthe said provisions wil esa inthe court making ch ode hereanet itdeems fi, unles in each sich instance condenation cf sch aire SoWE goed sass shown on writen application, ade grantd. Inthe case fait ppl th ust say make such oder or order aso cots may ti appest appropiate [Pala roplaced wet ty 2012) ‘Heads of Argument hall mean, in adion to oi iw ofthe “onese and sucines statement ofthe main point (without elaboration whic he intends to gue on appt ' provided for in Rules 49X15}, 49AG3), $00) and 5), fll heads of ergrem ith, ‘where appropriate, refreaces to the recor and to the athoites reed upon, together ‘wth ist of soc thoes. When delivering the Beas f argue, ath party tat diver practice notes contemplated by Practice Note 46) shove, [Pata 2d ans eae we hy 2012) (©) ‘Deliver in Practice Notes 46, 47 and 48 above sl iclde the hang ia of beads of engument atthe office ofthe Repsrar (Roo 24 inthe ease of criminal appeals and Room Sin the case of lvl appeals andthe entering ofthe required parole inthe register for heads of argument by the person handling the ste. [Par (9) eed an rpc wel ty 2072) (@ The Judge President ny, in any particular inetance when hls dems expedient to do 40, determine erie dates than those provided fer inthis Node 50.Hlends of Argument in Other Matters? (0 fn all mater except trials a cv o criminal appeals which hae ben set wa for bearing or argumeat ona specic date bythe Resta eas of angument s define a Practice Note 49(2) above and clearly indicating the nates of the paren, the momber of ‘he case andthe date upon which itt dow on the rl sl be delivered by cousse ss follows viz (a) by the delivery of an appropriate numberof copies ofthe heads of argument of aint, pict, or excipiet (asthe ease maybe) to Room 3 of he ofc of he Registrar and by the enry of the required information isthe rier of beads of !srgument by te person who files sme no lst than 10 days before the Ste upon which the matter to be hand, (0) by ike delivery ofthe heads of argument of defendant or respondent as the ate may bint manner not ess hae ye before the said date, (0)by exchange between the paris atomeys of © copy of cach party's Beads of ‘punt onthe dats on which sme are odin Room No 28 by Conse, 2a, (Sexvee 60,2012) D313 Western Cape Consolidated Practice Notes Superior Court Practice (2) The ge President may in any particular instance determin carer or Inter dates than those prseribd in tess deans, (@) Failure onthe prt of plan, plicant, excipient or apellant (as the cae may bo) mpl sith te provision eae dete ny renal the master bog stack fom {ho mil or dnmlsed. Face on the pst of defendant orespondeat (asthe ease maybe) to comply with the sid pevisons wil eultnth coat making ch order ait deems [3 unlensin ech cave contonation f ac ie sought on good cause shown by way fof writen aplication ade grands and the court may make such order or orders 10 oss a ty Hoppe propre CRIMINAL MATTERS 51. Pre-tril Conference in Criminal Matters! () The provisions of this ules aply tall exiting was tobe heard inthe High Court, from the beginning ofthe Second erm, 2008, (2) Alleviate sal be receded bys pro-l conference conducted in terms of his rue, (The potato ofthe teal date shal be accompanied bya motie ofthe date upon which the pre-rialeonfeceac ie be conducted in terms ofthis ale. (The petal conference tal be condared under te control ofthe presing judge. (3) The pre-trial conferenoe eal nll eases be arene by: (a) to accused (0) tela epesetative ofthe aceasds (c) atepeseatasive ofthe DPP. (6 Te purpose of te pret conference eto consider, nd, where appropriate to adress sats sch, (a) te legal represetton ofthe accused: ft) adaasions sh by be DEP andthe accuse (6) the comideation of a agreemens {2 the complience by thepartes of ther prea bligtons in terms of the Act andthe rues, (c) the state of readiness lo al ofthe respective paris (0) Alt pares may seek dvecines fom the presiding jose is regard the implemeatation ‘any pti proved. (@) The BPP salle responsible forthe preparation of «minute ofthe conference, oe filed {as soon possibe ner conan ofthe conference. (@)'The procedure set fort m this Paces Noe is intended as a plot project wo avid ‘imecesary dclys in criioal als, Amendments to the procedure may be considered ‘n-a ongoing bas Inte light of te experience gained by ll participants inthe cou ‘ofthe aplication ofthis le in practice. 52. Pro Deo / Legal Ald counsel in Ted Divison (d) Prater ating tbe est of he otro pa al id nstrctions in High Cour iat al wil be allowed to rein thei sf fo appoar ia respect of wnopposed tater ia Third Division on the sme da; provided tha they sball— Ta) notify in sdance the vegisas ofthe respective judges presiding in thr eximinal tel andin Thi Divison of te fac v8. pais [senses 40,202) Superior Court Paste (©) pear inhi Division at 10500 when heir mates wil sive precedence; nd (©) por bck the estar of the judge presiding inthe minal al a oon thei unoppsed inatss have been deposed of (®) Save as set ot above, ch pcttioner wll not be allowed, without the pee consat ofthe je presiding nthe criminal teal, to eu any lashing res fr apperances Jn any other eis while the rina l ooming. (Serve 33,2005) Das ‘Western Cape Consolidated Practice Notes ___ Superior Court Practice A B « BE ‘SCHEDULE-FORMS, Defaul Judgment (PN 28) Default Judgment - Deft Onder (PN 26) ‘Anton Piller Order PN 38(1)) Anton Piller Notice (PN 392) ‘ale 37 Questionnte (PN 39) Deis [cn 33,2009), Superior Court Practice ‘Western Cape Consolidated Practice Notes FORM “4” APPLICATION FOR JUDGMENT BY DEFAULT (RULE 31(5)) TN Ths 14G# COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) C886 NO Tn the mater berwsen Point And Defendant (3) The summons has been duly trv on the defendant on (©) The time for entering appearance wo defend having expired on (The defendant has not entered an appearance to defen “The pin boreby applies for jdgment by detest against he defendant lined inthe summons, in moordance with he stacked drat follows: 1. Payment ofthe um of R. 2. Tres on the sid sa at the ate of. pe anna fn tof payee 3. Cons of ue DATED THIS, Day oF 2. PLAINTIFF/PLATNTIFP'S ATTORNEY AYTORNEY & TELEPHONE NUMBER (Sane 33,205) Ds7 ‘Western Cape Conoliduled Practice Notes ‘Superior Court Practice FORM “n” JUDGMENT BY DEFAULT (RULE 3165) IN THE HIGH COURT OF SOUTH AFRICA (OWESTERN CAPE HIGH COURT, CAPE TOWN) (Case Noa 1m tho mater berween Pai And Defendant After taving tea the surmons and other document filed of record jdpment by defaults fanted in fvour of he pai fer 1 Payment ofthe 50m OF Reams ee of payment ‘Costin he suo R200.00 (plus the Shei fs oe 650.0 pus the Shes fees) oF taxed coats, Delete which ar nt applicable) REGISTRAR ay ether destin in terms of Re 31(5X)H) ~ (i inlaive REGISTRAR ATTORNEY & TELEPHONE NUMBER pais [Sonne 33,208] Superior Court Practice Western Cape Consolidated Practice Notes FORM “<> [BX PARTE: APPLICANT 1 RE: APPLICANT ys RESPONDENT onDER 1. Respondents elle! upon fo show cause before this cout a 10.0009 an WY an ‘rin the fllowing tenes Should ma be made: (@) thatthe ised ters in the posses of the bef pursuant othe execution of his ‘er should not be remind by hi pending te econ ofthe cou ad (©) why the cost of this wplition, icading the cox of the pers atone, should not stand over for determizaton ithe ation refered to in paegreph ? tel 2. Respondent or he person on whom sence i feted in terms of paragraph a) blow ‘Somer to allow the sherify AB yo... ("do supervising storey”) together with OD nue appa’ tory ad EF nny Beng (Bet apn ated) ‘sccomparying them 10 immediately enter the’ fllowing "premises armel) sanenrmenonen ad BY Veblen such prem, forthe paras of sean {and delivering into the possesion fhe hei al the octrents and articles which tm listed inthe shale set outa he fat ofthis order ("he ised ems") oe which sy of the aforementioned persons bles tobe ited Hes Respondent oc te person on whom seve eet in terms of Pasgraph 9 below |i futher ordered o poi the said pers o remain onthe penises the sear Ins been completed, sdf nocewary to rn the prntites on the same flowing day in oer to compte the search 4 The supervising auaroy shal ogee withthe shetif, make fist of all tems ‘removed bythe she in terms of ds ere. copy ofthis lit bal be handed bythe supervising enemey to api’ trey and othe respondent or the person ler {0 n paragraph 3 above if preset, and a copy shall be retained by the shor. Inthe event that any of the lied items exe only in computcr rele form, respondent or the person refered to in paragraph 3 above is ordered to forth provide the serif wih efetve aces tthe computers, wit all nce pass, {to enable thm wo be searched, end cause the sted tems tobe pind ua pit ofthese tems i tobe given tothe sherf rdplayed on the computer sceeh 30 tha {tay be rad and copied by him. 8. Allis tems or copies thereof taken nto posession bythe serif pursuant this ‘onder, shal be stained by him und th court one otherwise. Save provided ena, o person sal be ct io inspec any ofthe es ken no posession by the shen or shall any copies be made of such Hes, Provided that pending ‘eum day and forthe sole purpose of stsyng himalf ta the inventory eoecly reflcts the items seized respondent ois ata, sal be ented to inspect the tes {a the shi possession. 7. Applian is dieted to insite an ation against espondentin which the listed items fue concerned within 10 days ofthe date ofthis order, an if he fails, thot oad ‘reason being shown on the reir day fo have iit such action by that dates he ‘Sheriff hall be obliged o ret ll the lised items immed to respondent and in ‘sich even the cout nits discretion, stall uk such oda at deem inet. This oer sll under no crcimstaces cnstate again applicant fo dass (or ether rele) Sstaned or claimed in consequence of tse proceeding On he ret day thre sal be place fore the cout the sept of the supervising tceney with proof tat «copy thereof his been served on pica’ tener on Sor 38, 200, “D9 Western Cape Consolidated Practice Notes Superior Court Practice respondent (rie storey) and an affidavit of the applicant's wtorey thatthe eld ‘tom hs ben insta, and if not the reason wy this has 9 Ben dene 9. (@) Service of is exer together wit the notice wo respondent shall be flected by the seri om the respondent or the penn in charge of the premises a the contents thorot exslained by the supervsng atlorey before the provisions of paragraph 2 ofthis order are eri out. (©) a wladon to the service retered to in sub-paragraph (a) above, sevice of this onder together sith the noice of mation and sigporing afidavits and aecompe yng ative to respondent sal be efected by the shri in accordance With Use ole of cout hy not tr than 48 hours afer te supervising tory has directed ‘hat tho seus has been (©The provisions of paragraphs 2,3 and Sof this oer may only be cried out in the presence and under the supervision of the supervising storey. D320 Sa 3, 208) ‘Superior Court Practice Western Cape Consolidated Practice Notes FORM “D" 1 PARTE: (APPLICANT) 1 RE: (APPLICANT) vs (RESPONDENT) NOTICE TO RESPONDENT |. The order beng served on you reuires you tallow the persons nad herein o eter ‘he premises described inthis odor and o serch fr, eine and remove oe py the ‘les specified i he omer. You are also ruil 0 aloe sy ofthe spected leles On the eeises or under your contol to the sh 2. When these documents are handed to you, you sre etd, if you ate an employes of respondent or in charge ofthe premise, conic respendent mmatiatly end Jou oF resjondent are end 1 contact anatomy sn have him core tothe premises fo aavise you. The storey must be called and mst rive witout ely. and Ue supervising stomey must infor you sto Raw Tong the src can be delayed so as ‘o hove the attorney present Unite toma, if elle, aves or unite ine has assed for bi to ave, you need mot eomply dh any pat ofthis onde excep ht ‘YoU must allow the supervising tore, the sheriff fe other persons named in the odes to enter the premises and to take auch steps ain he opinion of te perv ‘seme, ar reasonably necessary to prevea any peje W he further enecaton of this oder, 2. You ae farther ended to have the supervising attorney explain to you what this ade and order mea, 4. Ifyou dischey his one yu wil be pully of an oe, hats contempt of cout 5 Tie order being served upon You was granted in your sance tn! witout nie to you, yo re ened (@) mses of Rue 8) to ancipae the eum day of he order upon delivery of not Jess han 24 hours writen notice; andor (@) inteuns of Rule 612) by similar noice tose dwn the mater for recoeld aon of the onder "Ne See an Mod nteraional I Unracy Lid 9883) 181 (Cat UOC. (Sia 35,2009) sai ‘Western Cape Consolidated Practice Notes Superior Court Practice FORM “E> RULE 37 QUESTIONNAIRE [NOTE 1: This queionsie must bo competed on behalf ofeach ofthe partis tothe action by te Attorney who on behalf of hier ellen is responsible forthe runing of the action or where a party i umepresened, by sich party perm. NOTE2: The completed quesionnie mast be file [i] with the Regisear and 2 copy thereof must be delivered to all other parties not lar than THREE MONTHS ater he entry date CASE NO 0 ‘TITLE OF ACTION. ts init nt sii and 1000 een ny fi [NATURE OF THE ACTION: —_ PARTY HUNG a NAME OF ATTORNEY COMPLETING THIS QUESTIONAIRE: —_ CONTACT TELEPHONE NUMBER NAME/S OF COUNSEL. REPRESENTING YOUR CLIENT: 1. piscovERY (@) Have discovery ond nspoton been comple? _ (0) not, what is outstanding? 2. PARTICULARS FOR TRIAL (@) @ Ate any replies to Requests for Paculrs for Tal in respect of your pledngs ound? rors: (69 tf 0, when will the Pac be delivered? (©) () Have you received all tbe Panic thst you require? (@ IB oat, have you requested ten? 3. AMENDMENTS (6 Do you at presen iend to amend your pleaings? De © Sav 35,205) ‘Superior Court Practice Western Cape Consolidated Practice Notes G0 se, when? (©) Can you make any atonal missions? (©) (9 Ave you ending to jon ay rer parties? (Gp If 50, whom and when? 4. ISSUES What ae the important sues in te ation? ©) @ Areany of tem capable of rslaton by agreement? @ 1 so, have tps een ken to sak the quite aproement? (©) Arwany of teases in he acon suitable fr tril aspeiminry or separate ‘question in tems of Undoem Rae 33487) (i) 150, what ise a hey? 5. EXPERT EVIDENCE (On whit topes issues mey you wis wo call expert eidence’? (©) () How many experts do you expect call? (@ Can you a this stage intieate — (4a) their names? andor (0b) the nate of thei expt? andlor (ce) the topicessues up which each wil esti? (Saves 5,201 Daas ‘Western Cape Consolidated Practice Notes Superior Court Practice (6) By what dite cm you delve thot ween reports tal the ter pai? (6) te ter scope for agreement erwaen any of he pars” exper? (Gi) Would a meeting of seh experts be sel? fn, why not? 6 TRIAL (4) Whats you present estimate ofthe length ofthe ial? (©) Wont te sortie tat you baie hat You cane ead fo wal? INDEXING OF PLEADINGS Has tore been compliance with the provisions of Court Nate HS}? 8 SEITLEMENI OF THE PARTIES’ DISPUTES 1 here any way in which the Court can asst the patie to fly or partly ele their pute witout the need fora ill til? Does any pay soquet that «conference be held before jae in chamber, contemplated by Rule 370)? 9, ALTERNATIVE DISPUTE RESOLUTION (@ Hlave the parties comsidered mediation or anoter alemsive dupe resolution procede? (©) Tact, could sich considenton be worthwhile? Dare: D324 [See 35,2005) Superior Court Practice Western Cape: Cireuit Conrt Practice INDEX ‘TO THE CIRCUIT COURT PRACTICE IN FORCE IN THE CAPE OF GOOD HOPE PROVINCIAL DIVISION 1. Circuit local divisions 2. Chcuit cour astriots 8. Ciroult court siting 4, Cicutt court rules relating to civil proceedings tule 1—defnitions ‘ule 2—application of Supreme Court rules rule 3—issue of process. rule 4—arrest rule 5—summons rule 6—natice of intention to defend ‘ule 7—turthor pleading rule 8—circuit court records 5. Circuit cour rules relating to criminal proceedings Supreme Court rule 85 ‘Supreme Court rule 56 ‘Supreme Court rula 39 6, Removal of proceedings rom one division to another 7. Disposal of records and execution of judgments of circuit courts, (Sesvice 2013) ‘D325 ‘Western Cape: Cireult Court Practice Superior Court Practice CIRCUIT COURT PRACTICE In force in the Cape of Good Hope Provincial Division’ 18 at 23rd October, 1984 1 Gireuit Local Division (Section 7 of Act 59 of 1959) (0) The Juoge President of a provincial division may by notice in the Gazette divide the area under the jurisdiction ofthat dlviion into circuit

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