Barry Botha Breytenbach

Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944

Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties. (1) Subject to the provisions of section […]