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    Dutiesofregistrars

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    Orica Beautifly
    The document outlines the duties and responsibilities of registrars in the modern legal system. It discusses how registrars now take on quasi-judicial functions and help alleviate the workload of judges by granting default judgments on liquid claims. Key duties of registrars include taxing bills of costs, fixing security for costs when required, allocating trial dates, and assisting with case flow management. To be a registrar requires a legal degree and carrying out duties impartially.

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    Dutiesofregistrars

    Uploaded by

    Orica Beautifly
    9 views2 pages
    The document outlines the duties and responsibilities of registrars in the modern legal system. It discusses how registrars now take on quasi-judicial functions and help alleviate the workload of judges by granting default judgments on liquid claims. Key duties of registrars include taxing bills of costs, fixing security for costs when required, allocating trial dates, and assisting with case flow management. To be a registrar requires a legal degree and carrying out duties impartially.

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    The document outlines the duties and responsibilities of registrars in the modern legal system. It discusses how registrars now take on quasi-judicial functions and help alleviate the workload of judges by granting default judgments on liquid claims. Key duties of registrars include taxing bills of costs, fixing security for costs when required, allocating trial dates, and assisting with case flow management. To be a registrar requires a legal degree and carrying out duties impartially.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    9 views2 pages

    Dutiesofregistrars

    Uploaded by

    Orica Beautifly
    The document outlines the duties and responsibilities of registrars in the modern legal system. It discusses how registrars now take on quasi-judicial functions and help alleviate the workload of judges by granting default judgments on liquid claims. Key duties of registrars include taxing bills of costs, fixing security for costs when required, allocating trial dates, and assisting with case flow management. To be a registrar requires a legal degree and carrying out duties impartially.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    DUTIES AND RESPONSIBILITIES OF REGISTRARS IN THE MODERN LEGAL

    SYSTEM

    If my brief is to deal with the duties and responsibilities of the Registrars in the modern
    legal system, it means I have to look beyond the mundane duties of record keeping and
    issuing of processes.

    In South Africa there is a trend of assigning quasi-judicial functions to Registrars. That


    is done in line with the transformation of our legal system.

    Administration and human resources management are now in the hands of the Court
    Managers.

    There was a time in our history when our motion court rolls were clogged by
    applications for default judgment in matters where claims were liquid. This gave rise to
    the passing of S 27A of the Supreme Court Act, which provides that “a judgment by
    default may be granted and entered by the Registrar in the manner and in the
    circumstances prescribe in the rules made in terms of the Rules Board of Courts of Law
    Act, 1988 (Act 107 of 1985), and a judgment so entered shall be deemed to be a
    judgment of the court”.

    The result of this exercise is the alleviation of the work load of the judges. Coupled with
    the Registrar’s power to grant default judgments is the power to declare immovable
    property executable – Rule 45(1) of Superior Court Rules of Practice.

    May I mention that somehow this is a speedy and inexpensive way of resolving matters
    based on liquid claims.

    One of the most important duties of the Registrars is to tax bills of costs subsequent to
    granting of costs orders or agreement to pay costs. The purpose of the taxation is to
    determine the reasonable charges and disbursements the successful party can fairly
    claim from the unsuccessful party.

    In matters where security for costs is required, the Registrar is called upon to fix such
    security.

    In the litigation, the Registrar except for liquid claims, has a very limited role to play.
    His or her role is limited to the allocation of trial dates and preparation of court rolls.
    Rule 37(3)(b) of Superior Court Rules of Practice provides that if the parties do not
    agree on the date, time and place of the pre-trial conference, the matter shall be
    submitted to the Registrar for a decision.

    Lastly the Registrars have a very important role to play in the case flow management. I
    hope that will become very clear in the paper to be presented on case flow
    management.

    Obviousl in the above duties is that in order for one to be a Registrar, one needs a legal
    degree. Furthermore one has to carry out one’s duties without fear or favour.

    DENIM KROQWANA
    CHIEF REGISTRAR: GRAHAMSTOWN

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