More Tribulations than Trials?
Two significant amendments to the Uniform Rules of Court that were published on 31 May 2019 have come into operation on 1 July 2019. The amendments to the procedure of applying for summary judgment in terms of Rule 32, and the introduction of Rule 37A regarding judicial case management respectively are likely to affect all attorneys frequenting the High Courts of South Africa.
Amended Rule 32 summary judgment
The summary judgment procedure is designed to assist a plaintiff to obtain speedy judgment in claims based on certain causes of action. The granting of this remedy is extraordinary and based upon the supposition that the plaintiff’s claim is sound and the defendant’s defence is bad in law. The procedure was seemingly introduced in South Africa on the basis of its use in England and Scotland.