What is Section 65 magistrates act?
Section 65 proceedings refer to Section 65 of the Magistrates’ Courts Act. This section provides for the collection of a debt from a debtor against whom a judgement has been granted.
What is a Rule 55A?
Amendment of pleadings – Magistrates’ Court – Magistrates’ Court Rule 55A. To prevent the opposing party taking exception to a pleading that lacks the necessary averments to sustain a cause of action or a defence, the pleading must be amended.
What is the maximum sentence a magistrate court can give?
If the case is to be dealt within a magistrates’ court, the defendant(s) are asked to enter a plea. If they plead guilty or are later found to be guilty, the magistrates can impose a sentence, generally of up to six months’ imprisonment for a single offence (12 months in total), or a fine of an unlimited amount.
Can the magistrate court make law?
1. Section 170 of the Constitution makes it clear that magistrates= courts and all other courts of a status lower than a High Court may not enquire into or rule on the constitutionality of any legislation (which includes statutory regulations, orders and bylaws) or any conduct of the President. 2.
What is the purpose of section 65 Enquiry?
Section 65A(1) of the Magistrate’s Court Act 32 of 1944, in the District Court, is a procedure in order to inquire into the financial position of such debtor where he or she has not satisfied a judgment for the payment of a sum of money granted against him, and to enable the court to make such an order which has at its …
What are magistrates called in court?
Justices of the Peace
Magistrates (also called Justices of the Peace) are ordinary people who hear cases in court in their community.
What is Rule 60A?
Rule 60A is identical to Rule 30 of the Uniform Rules of Court. Rule 60A (3) provides that after the court has heard the application and it is of the opinion that the proceedings or step is irregular or improper, it may set it aside in whole or in part, and grant leave to amend or make any such order as it deems fit.
What is a Rule 23 notice?
Both a plea or an exception constitutes a valid response to a notice of bar. However, a rule 23(1) notice which argues that the particulars of claim are vague and embarrassing and affords a plaintiff an opportunity to remove alleged causes of complaint, is not a pleading, but a notice.
How long can magistrates sentenced you too?
In the Magistrates’ Court, the maximum sentence that can be imposed on an adult defendant for a single either-way offence is 6 months’ imprisonment and/or a fine. A defendant facing 2 or more either-way offences can be sentenced to a maximum of 12 months’ imprisonment and/or a fine. You can read more here about fines.
What happens if you plead guilty in a magistrates court?
If you plead guilty at the outset your case will not go to trial and you could be sentenced immediately in the magistrates’ court. For more serious offences you will have to go to the Crown Court to be sentenced. Find out more about sentencing hearings. If you plead guilty you will get a reduction in your sentence.
Do you need a lawyer for magistrate court?
A Magistrate Judge decides your case after a trial. There is no jury. You do not need a lawyer. However, you may seek help from a lawyer.
Can Magistrate court interpret a will?
In terms of s46 of the Magistrate’s Court Act (32 of 1944), the magistrate’s court cannot adjudicate certain actions, for example, the validity or interpretation of a will, decree of perpetual silence or claims for specific performance where no alternative claim for payment of damages is sought.
What does subsection 2 of the Magistrates Act mean?
(b) subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “ is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A ”.]
Is the Magistrates Court Act 1980 still in force?
Magistrates’ Courts Act 1980, Section 123 is up to date with all changes known to be in force on or before 11 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Revised legislation carried on this site may not be fully up to date.
Who is the respondent in mateure V chidumwa?
The respondent claims that the land upon which the appellant erected his homestead belongs to his late brother Samson Chidumwa. This led to confrontation between the parties. Both appellant and respondent claim that the piece of land belongs to them. The village head failed to resolve the matter resulting in the matter spilling into the courts.
What does Section 85 of the Zimbabwe constitution say?
Section 85 of the Zimbabwe Constitution provides as follows:- (b)any person acting on behalf of another person who cannot act for themselves; (c)any person acting as a member, or in the interests, of a group or class of person;