Signed by the officer administering the government in afrikaans. Magistrates courts act 32 of 1944 sa sa gg 3346 came into force in south west africa on 1 december 1970 when the amendments made by act 53 of 1970 were brought into force. The regional magistrates courts deal with more serious cases than the ordinary magistrates courts for example, murder, rape, armed robbery and serious assault. Act 7 magistrates courts amendment act 2007 1a in particular, the court shall, when conducting a trial of the offence of defilement, consider the need, in the interest of the child, to exercise its power under article 282 of the constitution, to exclude the press and the public from the proceedings before the court for reasons of. Magistrates courts act, 1944 namibia legal information. Part ii establishment of magistrates courts, appointment of magistrates and law to be administered. The magistrates court of victoria is the lowest court in the victorian court system, with the county court of victoria and the supreme court of victoria respectively judicially higher. The magistrates court of victoria is the lowest court in the victorian court system. Magistrates court act 1989 sect 112 certificate for supreme court 1 if a an order is made by the court in a civil proceeding for the payment of money. Magistrates court act 1989 sect 112 certificate for.
Any person who is aggrieved by a decision of the magistrates court, arising either from a criminal or civil trial can appeal to the high court. Western australian legislation magistrates court act 2004. In this act, unless the context otherwise requires adult means a person who, in the opinion of the magistrate before whom he is brought, is eighteen years of age or upwards. Part i of the act sets out provisions in relation to the courts criminal jurisdiction, and part ii in relation to civil proceedings. A range of fact sheets are also available to guide you through civil proceedings in the. How to appeal a decision of the magistrates court to the. This act may be cited as the summary jurisdiction magistrates act. The online forms system will ask you questions and provide you with supporting information. Downloading and retention of data regulations 2008 s. This act may be cited as the magistrates court act chapter 7. Magistrates courts are primary courts, district courts or courts of a resident magistrate. The act defines jurisdiction proceedings relating to land and in case of customary law. Magistrates courts also have jurisdiction to hear and determine traffic matters in the manner provided for under the traffic act, cap.
To appeal a magistrates court decision, you need to seek the supreme courts leave to appeal. Magistrates may act for each other and governorgeneral may direct them to do so. Substitution of section 7 of act 32 of 1944, as substituted by section 1 of act 8 of 1967 and amended by section 27 of act 70 of1968, section 14 of act 80 of 1971 and section 2 of act 91 of 1977. Download the magistrates court criminal and general division bill 2017 pdf, 1. You can search for any of the guidelines using search offences on the lefthand side bar. In this act, unless the context requires otherwise. This legislation is affected by amending provisions that have not yet come into operation or taken effect. Adjournment of proceeding to drug court division 4d. How to appeal a decision of the magistrates court to the supreme court download pdf 205 kb what is an appeal. The federal magistrates act of 1968, as amended codified provisions only provisions in title 28, united states code chapter 43 united states magistrates 631. Online forms magistrates court of western australia. There are a range of forms for use in all civil proceedings initiated in the magistrates court. In terms of the criminal law sentencing amendment act no 38 of 2007 a regional magistrates court can sentence a person who has been found guilty of offences that include. All references in any other law to magistrates courts or courts of resident magistrate shall be read as referring to courts established under this act.
Civil matters magistrates court of western australia. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in the gazette, appoint, 2. The rules will commence when the relevant legislation commences. Acts of magistrate not affected by error as to venue. Assent 30th april, 1896 commencement 9th august, 1897 1. Magistrates courts act uganda legal information institute. Director of public prosecutions to determine offences to be committed to high. Interpretation in this act, except where the context otherwise requires. It codifies the procedures applicable in the magistrates courts of england and wales and largely replaces the magistrates courts act 1952. Magistrates courts amendment act, 2007, 2007 uganda. Magistrate court civil rules, 2018, statutory instrument 11. A magistrates court shall be subordinate to the high court and shall be duly constituted when presided over by a chief magistrate, a senior principal magistrate, a principal magistrate, a senior resident magistrate or a resident magistrate. This act is called the magistrates courts amendment act. S v kawodza hh 61618, crb bnr 11518 2018 zwhhc 616 04 october 2018.
Power of high court to withdraw and transfer cases. Supreme courts powers to control court 1 if a person is or would be aggrieved by one or more of the following a the failure of a court officer to do any act or make any order or direction. The magistrates court deals with civil matters that involve. Section 9 is amended by act 40 of 1952, act 50 of 1956, act 60 of 1958, act 93 of 1962, act 19 of 1963 and act 48 of 1965.
Power to transfer suits which may be instituted in more than one court. Magistrates court criminal and general division project. Magistrates courts act 32 of 1944 south african government. This act provides with respect to the jurisdiction, powers and functions of magistrates courts and for other related matters. After completion of the form you may download, print and manually lodge the form at a court registry or you may continue with online forms and lodge and pay the fees electronically. An act to consolidate and amend the law relating to courts of magistrates. Magistrate court civil rules, 2018, statutory instrument 11 of 2019. Act to amend the magistrates courts act, 1944, so as to regulate anew the quali. Court established 1 a court called the magistrates court of western australia is established.
Words in bold type in square brackets indicate omissions from. Please read and be familiar with s109 of the magistrates court act 1989. Response to the covid19 virus act magistrates court. The magistrates court is a court of summary jurisdiction. Courts duties in dealing with cases and making rules 14. This legislation is affected by amending provisions that have not yet. Meaning of family member part 2the magistrates court of victoria 4. Magistrates court sentencing guidelines you will find on these pages all the sentencing council guidelines and other materials magistrates need when sentencing offenders in court. To amend the magistrates courts act, 1944, so as to regulate anew the.
Magistrates courts act 32 of 1944 magistrates courts act 32 of 1944 assented to 16 may 1944 page 1 of. Magistrates act, 1993act no 90 of 1993 regulations in this schedule the regulations means the regulations published by government notice no. The magistrates court does not have the jurisdiction or authority to deal with a monetary claim for personal injuries arising from a motor. Jul 25, 20 fact sheets are also available for download from the website. Chapter 11 the magistrates courts act an act to provide for the jurisdiction, powers and functions of magistrates courts and for other related matters. Only amendments that have commenced are incorporated. A primary court, in proceedings of a civil nature, may order the recovery of possession of. An act to repeal and reenact, with certain modifications, the magistrates courts, act 1963 part i preliminary. The minister of justice and constitutional development has, under section 16 of the magistrates act, 1993 act no.
Authorised by the act parliamentary counselalso accessible at. A primary court, in proceedings of a civil nature, may order the recovery of possession of land. Sheriffs act 90 of 1986 magistrates courts amendment act 25 of 1987 law of evidence amendment act 45 of 1988 attorneys amendment act 87 of 1989 criminal law amendment act 107 of 1990 judicial matters amendment act 4 of 1991 magistrates courts amendment act 118 of 1991 magistrates act 90 of 1993 assented to 16 may 1944 date of commencement. Magistrates courts act 32 of 1944 legal assistance centre. Enforcement of foreign civil judgments act 28 of 1994. The act supreme court and magistrates court have implemented special measures in response to the covid19 virus.
Section 9 amended by judicial matters amendment act 24 of 2015. Although the current court was established by the magistrates court act 1989, victoria has had magistrates since 1836, when the people of melbourne elected an arbitrator of the city to resolve minor disputes. Determination of number, locations, and salaries of magistrates. An act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates courts and the functions of justices clerks, and to matters connected therewith, with amendments to give effect to recommendations of the law commission. Provided that when there is more than one magistrates court in the same division, the chief justice may direct the distribution of business between such courts. Magistrates courts act 32 of 1944 namibia legal database. The federal magistrates act of 1968, as amended codified. Magistrates court act 1930 act legislation register. This includes closing its counter and making changes to how applications are received, heard and when some matters are listed. Signed by the officer administering the government in.
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