Invitation to Comment: Magistrate's Court Rules & Rule 41A (deadline 30 April 2024)

Proposed Alignment of Magistrates' Courts Rule 72 with Uniform Rule 41A

The Rules Board for Courts of Law is considering amendments to Magistrates' Courts Rule 72 to bring it in line with Uniform Rule 41A, which governs notices to agree or oppose mediation in the High Court. This move aims to create consistency between mediation procedures in both the Magistrates’ Courts and High Court, enhancing access to justice through court-annexed mediation.

This alignment would ensure that parties in Magistrates' Court disputes are subject to similar mediation protocols as those in the High Court under Uniform Rule 41A. Such changes are expected to strengthen the role of mediation in South African courts, reduce litigation costs, and improve dispute resolution efficiency.

Click here for full details on the proposed changes

Have Your Say Before 30 June 2024

Comments on the proposed rule changes can be submitted to the Secretariat of the Rules Board by 30 June 2024 via hand delivery, post, or email. This is an important opportunity for legal professionals and the public to provide input on how court-annexed mediation is administered.

For a deeper understanding of how mediation has evolved in South Africa, you can explore this related article:

Court-Annexed Mediation in South Africa – A Growing Shift Towards Dialogue