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The decisions of magistrates' courts are written down; however, they are not recorded in any law report. The decisions have to be written in case either party to the proceedings feel prejudiced by the outcome and wants to go on appeal or review to the High Court. They are created by the Magistrates' Court Act no. 32 of 1944.
Attorneys' Admission (Military Service) Act, 1944: 32: Magistrates' Courts Act, 1944: 33: Death Duties Amendment Act, 1944: 34: Banking Amendment Act, 1944: 35: Customs Act, 1944: 36: Native Laws Amendment Act, 1944 (before 1964) Bantu Laws Amendment Act, 1944 (from 1964 to 1978) Black Laws Amendment Act, 1944 (after 1978) 37: Apprenticeship ...
The absence of this procedural safeguard would imperil a party's constitutional rights, [7] even if the warrant was issued before Jaftha, and could not be saved by an application of the Magistrates' Courts Act. [8] The court also held that, if a sale in execution was null and void because it violated the principle of legality, the sheriff had ...
"The Act left the justices' clerk with responsibility for day to day running of courts and court offices, but did not make clear to whom he was answerable (if at all), now that he was appointed by a body separate from the bench he served. Nor was central Government given any say in the level or use of resources it was committed to provide." [4]
The court held that section 66(1)(a) of the Magistrates' Courts Act was unconstitutional and invalid insofar as it failed "to provide judicial oversight over sales in execution against immovable property of judgment debtors". The finding of unconstitutionality rested on the debtors' right to housing as enshrined in section 26 of the Constitution.
In addition, African indigenous courts, which deal exclusively with indigenous law, also exist. The Constitutional Court is the highest court in the land and deals with all matters, today, this was an alteration made by the state when the question of, 'why is the constitution the highest law in the land but the constitutional court isn't the ...
On 12 April 2013, in recognition of its increased jurisdiction and its role as an intermediate court servicing regional centres as well as capital cities throughout Australia, the Federal Magistrates' Court was renamed the Federal Circuit Court of Australia, the Act renamed as the Federal Circuit Court of Australia Act 1999, and its judicial ...
The court found that the following provisions of the Magistrates' Courts Act were inconsistent with the Constitution and declared them invalid, with effect from the date of the order, September 22, 1995: the words "why he should not be committed for contempt of court and" in section 65A(1) of the Act; sections 65F, 65G and 65H;