SUPREME COURT ACT

Act 59 of 1959.

RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE CAPE PROVINCIAL

GoN 41, G. 2493 (c.i.o 13 January 1938),

His Excellency the Governor-General-in-Council has approved of the following rules of Court under and
by virtue of the provisions of section 108 of the South Africa Act, section 46 of the Royal Charter for the
better and more effectual administration of justice within the Province of the Cape of Good Hope bearing
date the 4th May, 1932, and section 56 of Act 35 of 1896 (Cape).

The said Rules will have effect from the date of publication thereof in the Government Gazette.

3. Sittings of the court and recesses

(1) For the dispatch of civil and criminal business of the court there shall be four terms in the year
as follows—

(a) from 1 February to 31 March, inclusive;

(b) from 9 April to 23 June, inclusive;

(c) from 1 August to 30 September, inclusive; and

(d) from 15 October to 15 December, inclusive;

The rest of the year shall be recess, save that the Judge President may constitute such court or courts
as seem to him desirable to sit during recess: Provided that during the period 24 December to 2 January,
both dates inclusive, no court shall sit.
[R 3(1) subs by GoN 1180 in G. 1500 wef 29 July 1966, GoN R2800 in G. 12225 wef 22 December
1989.]

(2) If the day fixed for the commencement of a term is not a business day the term shall commence
on the next succeeding business day, and if the day fixed for the end of a term is not a business
day the term shall end on the business day preceding.
(3) Mondays during term shall be reserved for appeals, reviews from inferior courts and arguments
on exception.

(4) During term one division shall be reserved for the hearing on every business day except
Monday of provisional cases, summonses for civil imprisonment, applications and undefended
actions.

(5) Unless the court or the Judge President directs otherwise, defended actions, special cases
and other cases not specially provided for may be set down for hearing on any business day
during term approved of by the Registrar save Monday and any day d uring the last seven
days of term.

(6) In recess, subject to the proviso contained in subrule (1), the court shall sit on every Wednesday
and, if such Wednesdays is not a business day, then on the next succeeding business day, to
hear provisional cases, applications, summonses for civil imprisonment, applications for
judgment under rules 31 and 32, and undefended actions de lunatico inquirendo, provided that
the presiding Judge may in any recess postpone sitting to a later date in recess or to the
following term any matter which in his opinion can be postponed without detriment to any party:
Provided further that such criminal appeals as the Judge President considers urgent may be
set down by the Registrar for hearing on such days in recess as the Judge President may from
time to time appoint.
[R 3(6) am by GoN R2800 in G. 12225 wef 22 December 1989.]

(7) Circuit courts shall be held on the dates and at the venues determined by the Judge President
and published in a calendar issued by the Registrar before the commencement of each
calendar year: Provided that the Judge President may from time to time direct that any circuit
be held on a date and / or at a venue other than those so published, if in his opinion there is
good reason for such change.
[R 3 renumbered by GoN R2800 in G. 12225 wef 22 December 1989; r 3(7) subs by GoN R2800 in G.
12225 wef 22 December 1989.]

7. Applications under the Derelict Lands Act

(1) Any person who applies for an order of Court by virtue of the provisions of Act 28 of 1881 shall
lodge with his application—

(a) a certificate from a conveyancer entitled to practise in the Deeds Registry for the area
within the limits of which the land affected is situate to the effect that such land is
registered in the name of the person alleged by the applicant to be the registered owner
thereof and stating whether the land is or is not hypothecated, and, if it is hypothecated,
 giving particulars regarding the name of the registered legal holder of the bond and the
amount and date thereof;

(b) a report on the application by the Registrar of Deeds concerned and also one from the
Surveyor-General if, in the opinion of the Registrar of Deeds, the circumstances of the
case are of such a nature as to render the production of such a report desirable;

(c) the original or a certified copy of the title-deed made in favour of the last registered
owner.

(2) Where it is alleged by the applicant that the right to the ownership of the land was acquired by
a contract or other transaction which was reduced to writing the document containing such
writing shall be lodged or an explanation of its non-production supplied upon affidavit.

(3) Where the contract or other transaction was not reduced in writing, or where, though so
reduced, the document cannot be produced, proof of the conclusion of such contract or
transaction upon which applicant relies shall be furnished, and by disinterested persons where
possible.

(4) Where the applicant bases his claim upon prescription proof of the undisturbed possession of
the land by applicant and by any person or persons through whom his rights are derived shall
be furnished, and by disinterested persons where possible.

(5) In all cases proof of payment by applicant or by any person or persons through whom his rights
may have been derived of any rates, taxes and quitrent payable in respect of the land shall be
furnished or an explanation of non-payment.

(6) Where the land in respect of which the application is made has been granted subject to a
condition giving the Government the right to resume the land on failure of the owner to comply
with the terms of the grant the applicant must satisfy the Court that notice of the application has
been served upon the Secretary for Lands.

34. Set down

(1) Whenever—

(a) an exception has been filed to any pleadings; or

(b) the parties have stated a special case for the opinion of the court on a question of law;
or
 (c) in cases not carried on by default, the pleadings have been closed,

the plaintiff or, if he fails to do so within 30 days, any party may set down the case on the roll
for trial by entering the particulars required in the register kept by the Registrar in the form set
out in Form 21 in the First Schedule and by forthwith giving notice in writing to the other party
that he has done so.

(2) The Registrar shall compile and publish a list of the cases to be tried which shall be called the
weekly list.

(3) The weekly list shall be the list of cases which will be tried during the week to which the list
relates. A weekly list shall be compiled and published relating to the week commencing on the
Monday of the week in which the first day of term occurs and thereafter for each week during
term. The Registrar shall set down for trial and shall enter in the weekly list as many cases as
will be tried during the week to which the list relates and shall set down the said cases for trial
on specified dates in the said week. The weekly list shall be published on Friday, six weeks
before the commencement of the week to which it relates or if the said Friday is a holiday on
the next business day, save that the Registrar may set down cases on at least 14 days’ notice
if any withdrawals should occur on any of the said lists.

(4) The weekly list will be published by being posted on the notice board at the Registrar’s office.
On the day upon which the weekly list is published the Registrar shall give notice of trial by
registered post to the parties in each case in the list by posting a written notice to the attorneys
for each party or, if the parties have no attorneys, to the parties at their addresses as stated in
the register mentioned in subrule (1). The said notice shall inform the parties of the date upon
which the case has been set down for trial and shall be in the form set out in Form 22 in the
First Schedule. Cases will be entered on the weekly list in the chronological order in which they
were set down on the roll and they will be tried in the said order: Provided that—

(a) the court may order that the cases be tried in a different order and may order that the
case be promoted on the roll or on any list or that a case be postponed either sine die
or to some particular date or dates;

(b) the court may set down a case for trial on a particular date or dates;

(c) a case which is not reached on the date on which it was set down for trial will be tried
at the conclusion of the trial of the case next before it on the list or on a date to be fixed
by the court or by the Registrar on the instructions of the court;

(d) defended matrimonial cases may be set down for trial at the end of third division rolls.
(5)
(a) With the consent of all parties a case may be withdrawn from the roll of cases for trial
by notice in writing addressed to the Registrar. A case which has been so withdrawn,
if replaced on the said roll, shall be placed next after the last matter already on the roll:
Provided that the court may on the application of either party order that such case be
placed on the roll in some other position.

(b) Save as aforesaid no case shall be withdrawn from the roll save, on cause shown, with
the consent of the court and on such terms as to the court may seem just.

(6) This rule shall mutatis mutandis apply to the setting down for hearing of opposed motion
proceedings or opposed provisional sentence proceedings.

(7) Nothing in this rule contained shall be construed as dispensing with the requirements of subrule
(3) of rule 30 in regard to a special case when the interests of married women, minors, or
persons of unsound mind may be affected.
 THIS SHOULD BE LANDSCAPE PLEASE

Schedule

FORM No. 21

Date of Case Full Full Names Name Name of Name and Name of Estimated For Official Use
Application Number Names of and Plaintiff's Address of Defendant's Time Dates Initial of
for Trial of Defendant Address Advocate Defendant's Advocate Allocated Registrar
Date Plaintiff of Attorney
Attorney
for
Plaintiff
1.
2.
3.
4.
5.
 FORM No. 22

Case No. ...............................

Date ……………………………… In the matter of:

……………………………
Plaintiff, Applicant
versus

…………………………….
Defendant, Respondent.

REGISTERED:
Messrs.
Gentlemen,

Kindly take notice that pursuant to the provisions of Rule 34 of the Rules of this Court the
above-mentioned case has been set down for hearing in this Court, on the ……….. day of …………..
19………
Yours faithfully,
……………….........................
Registrar