Practice Directive No.1/2017


NOTICE

TO:  Honourable Judges of the Supreme Court

Honourable Judges of the High Court

Honourable Judges of the Industrial Court of Appeal

Honourable Judges of the Industrial Court

The Attorney General

All Magistrates

The Director of Public Prosecutions

The Principal Secretary – Ministry of Justice

All Legal Practitioners

Members of the Public

     

1.   After due consideration and careful consultations, the Chief Justice hereby withdraws Practice Directive No 4/2011 issued on the 16th June 2011 by the office of the Chief Justice.

2.   The Practice Directive provided the following:

2.1         Summonses or applications for civil claims against His Majesty the King and Ingwenyama, either directly or indirectly, shall not be accepted in the High Court or any other Court in the country.

2.2         The Registrar of the High Court and/or all those entrusted with receipt of court processes in this country are hereby directed to refuse to accept any Summons or application specified in 2.1 above.

3.   Sections 7 and 11 of the Constitution do provide the necessary immunity for the King and Ingwenyama as well as Indlovukazi in respect of legal proceedings.

 

___________________________

M.C.B. MAPHALALA

CHIEF JUSTICE

▲ To the top