South Africa: North Gauteng High Court, Pretoria

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Law Society of the Northern Provinces and Another v Rules Board for Courts of Law and Others (34474/2009) [2009] ZAGPPHC 91 (26 June 2009)

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IN THE NORTH GAUTENG HIGH COURT, PRETORIA


(REPUBLIC OF SOUTH AFRICA)


Case Number: 34474/2009


BEFORE THE HONOURABLE JUSTICE RABIE


26 JUNE 2009



In the matter between:

THE LAW SOCIETY OF THE NORTHERN PROVINCES First Applicant


(Incorporated as the Law Society of the Transvaal)


MÜLLER MOSTERT AND PARTNERS Second Applicant


and


THE RULES BOARD FOR COURTS OF LAW First Respondent


THE MINISTER OF JUSTICE AND CONSTITUTIONAL

DEVELOPMENT Second Respondent


THE MINISTER OF FINANCE Third Respondent


THE REGISTRAR OF THE HIGH COURT Fourth Respondent





ORDER




Having read the papers and having heard counsel for the applicants and the first and second respondents,



IT IS ORDERED:


1. Magistrates' Court Rule 34(4) is suspended.


2. Rule 67 of the Uniform Rules of Court is suspended.


3. The aforesaid suspension of Rule 34(4) of the Magistrates' Court Rules and the suspension of Rule 67 of the Uniform Rules of Court will have retrospective effect from 1 April 2009.


4. All court process issued by Clerks of the Magistrates' Court and Registrars of the High Court since 1 April 2009 without revenue stamps or an imprinted stamp as referred to in Rule 34(4) of the Magistrates' Court Rules or without payment of court fees as required by Rule 67 of the Uniform Rules of Court, (which are otherwise valid are declared to have been lawfully issued.


5. It is declared that all court process in the Magistrates' Court and the High Court shall, if not stamped, be issued by Clerks of the Court and Registrars, respectively, without self affixing revenue stamps or imprinted stamps, and without payment of Court fees.


6. The Minister of Justice and Constitutional Development is directed to notify all Clerks of the Court and Registrars of the High Court of this order.


7. The applicant is directed to notify its members of this order.



BY THE COURT.



THE REGISTRAR