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2009
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[2009] ZAGPPHC 91
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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)
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)
MÃLLER 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