INTRODUCTION
South African civil procedure forms part of the countrys procedural (as opposed to substantive) law. Among its sources are the following: the Magistrates Court Act and Rules; the Supreme Court Act; the Uniform Rules of Court jurisprudence; rules of court practice; and other legislation.
COURT PERSONNEL
The clerk of the court (or registrar) is the
administrative hand of the court, and has the duty
of
receiving and filing documents; notifying legal representatives; compiling the court roll; taxing Bills; and, where he has the relevant power, granting orders.
anyone acting in his own interest; anyone acting on behalf of another person who cannot act in his
own name;
anyone acting as a member of, or in the interest of, a group or class of persons;
particular with respect to litigation against the state. Before the advent of the new constitutional dispensation, legislation set out strict notice requirements and severely limited prescription
Pre-litigation This stage involves the following preliminary enquiries: What is the action? Against whom? By whom? In which court? Where? What procedure?
Readings
Eckard: pg 6 16 Pete & Hulme: Introduction
(especially on Role of the Const)