Representing Yourself

Many People Represent themselves for various reasons

To save costs

because the matter is simplified or atraightforward

because they are required to do so eg: the small claims; no legal representation is allowed

The Small Claims Court

Only claims under R15 000 are allowed at present (this amount is changed from time to time and is published in the government gazette), though the plaintiff can abandone part of his claim to bring it within the jurisdiction of the small claims court.

Certain types of Claims eg:for specific performance with are not allowed in the small claims court:

A court shall have no jurisdiction in matters:

1. in which the dissolution of any marriage, or of a customary union as defined in section 35 of the Black Administration Act, 1927 ( Act 38 of 1927 ), is sought
2. concerning the validity or interpretation of a will or other testamentary document;
3. concerning the status of a person in respect of his mental capacity;
4. in which is sought specific performance without an alternative claim for payment of damages, except in the case of-
   1. the rendering of an account in respect of which the claim does * not exceed the amount determined by the Minister from time to time by notice in the Gazette ;
   2. the delivery or transfer of any property, movable or immovable, * not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette determined for the purposes of this section; [Para. (d) substituted by s. 9 of Act 92 of 1986.]
      1. in which is sought a decree of perpetual silence;
      2. in which is sought damages in respect of-
         1. defamation;
         2. malicious prosecution;
         3. wrongful imprisonment;
         4. wrongful arrest;
         5. seduction;
         6. breach of promise to marry;
            1. in which an interdict is sought.

No legal representatives are allowed in the small claims court; and

Only natural persons may bring a claim in the small claims court: No juristic persons; eg:no companies, corporations or partnerships

Magistrates courts

Actions in the local divisions of the magistrates court are limited to between R 15 000 and R 200 000.

The Regional division: R 200 000-R 400 000.

Certain documents including summons and particulars of claim must be filed with the clerk of the court and;

Summons and particulars of claim must be presented in the manner prescribed by the Act.

Certain fees in the form of a stamp duty must be paid and such stamps must be attached to the front of the summons before being filed.

Area of jurisdiction

(1) Subject to the provisions of this Act and the National Credit Act, 2005 (Act 34 of 2005), a court in respect of causes of action, shall have jurisdiction in-

1. actions in which is claimed the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette;
2. actions of ejectment against the occupier of any premises or land within the district or regional division: Provided that, where the right of occupation of any such premises or land is in dispute between the parties, such right does not exceed the amount determined by the Minister from time to time by notice in the Gazette in clear value to the occupier;
3. actions for the determination of a right of way, notwithstanding the provisions of section 46;
4. actions on or arising out of a liquid document or a mortgage bond, where the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
5. actions on or arising out of any credit agreement as defined in section 1 of the National Credit Act, 2005 (Act 34 of 2005);
6. actions in terms of section 16 (1) of the Matrimonial Property Act, 1984 (Act 88 of 1984), where the claim or the value of the property in dispute does 10 not exceed the amount determined by the Minister from time to time by notice in the Gazette; (fA) actions, including an application for liquidation, in terms of the Close Corporations Act, 1984 (Act 69 of 1984);
7. actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount 11 determined by the Minister from time to time by notice in the Gazette

Regional Division may hera divorce Cases

A regional division of the magistrates court hasj urisdiction to hear and determine suits relating to the nullity of a marriage or a civil union and relating to divorce between persons and to decide upon any question arising therefrom, and to hear any matter and grant any order provided for in terms of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998). A court for a regional division hearing a matter referred to in paragraph (a) shall have the same jurisdiction as any High Court in relation to such a matter.
As we all know there are other courts, such as the labour courts, consumer protection courts and family courts each with their own jurisdiction as to causes of action and rules as to representation.
And there are also prescription periods (three years in respect of most claims).
But if you are required to represent yourself or would like to do so for whatever reason assistance is available.
Documents are available here:

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Planning for your retirement: What happens when the recipient of a metal workers surplus payout dies before he collects

Many people secure their retirement or the futures of their children by belonging to a pension fund. The Metal Industries Provident fund is one such fund. What happens  is that money paid to them by members is invested and sometimes a suurplus becomes available.

What happens if a member dies before he has claimed his portion of surplus payments .

Well, the Pension Fund Amendments Act 2007 . makes provision that:
1) Pa
st and present members may claim and
2) All qualifying member stakeholders who died on or after 1 April 2008 will be treated as follows:
a) Former members who died on or after 1 April 2008:
The accumulated surplus will be paid to the member’s estate. If no estate exists a next of kin should register an estate with the Master of the High Court. If there is no next of kin the accumulated surplus will be paid to the Master of the High Court.
b) Active members at 1 April 2008 who died subsequently while they were still in active service:
The reason for exit from the MIPF for such a member was his/her death on or after 1 April 2008.
The accumulated surplus will be paid in terms of Section 37C of the Act. This implies that the Board of Trustees need to decide on the distribution of the accumulated surplus amongst the legal beneficiaries.
In these cases there will be a prior Section 37C distribution but additional investigations need to be done by the Trustees e.g. some of the beneficiaries in the prior Section 37C distribution may have died in the interim and such a beneficiary’s distribution should be paid to his/her estate
c) Active members at 1 April 2008 who exited the MIPF after the surplus apportionment date and who died after they exited from the MIPF:
The reason for these members’ exit from the MIPF was for example: resignation, retrenchment, transfer to another fund or retirement. They then passed away after such event.
The accumulated surplus will be paid to the member’s estate. If no estate exists a next of kin should register an estate with the Master of the High Court. If there is no next of kin the accumulated surplus will be paid to the Master of the High Court.

So basically the money will be made available to beneficiaries in various ways: either placed directly into the estate or through the master of the high court. And further investigation will be required in some cases moistly toi establish if beneficiaries are still alive

The Protection of Personal Information Bill

 The Protection of Personal Information Bill was passed into legislation recently but its commencement date has yet to be  announced

The Act is a highly commendable piece of legislation as it gives effect to the constitutionally enshrined right to
privacy.
It makes provision for who may have access to your personal information and under what circumstances and also the manner in which the responsible party is to store such personal information.
There are severe penaties for non compliance but "responsible parties" are given one year to meet the compliance requirements.