Have a happy festive season

Happy Holidays from everyone at BNI Attorneys. We hope your holidays will be filled with joy and laughter through the New Year. Our office hours will resume 2 January 2024.

Dies Non

Attorneys are bound to Court Rules and we are required to comply with the days when we can service documents upon our opponents. During the holiday season dies non applies to the Constitutional Court, High Court, Labour Court, or Magistrates Court. Dies non means that the identified days shall not be reckoned as part of any period calculated in terms of the respective Court Rules. In more practical terms, this means a day on which no legal business can be done.
Action proceedings are where a Letter of Demand and then Summons is served upon the Defendant and for Action proceedings dies non is from the 16th of December 2023 until the 15th of January 2024, both days included. In respect of the Magistrates Court rules dies non is referred to in Section 13(1) and in respect of the High Court rules it is reflected in Section 19(1).

Application proceedings are when a Notice of Motion is served upon Respondent. Dies non in terms of Application is from 21 December 2023 until 7 January 2024, both days included, and the same can be seen in Section 55(11) in the Magistrates Court rules and Section 6 in respect of the High Court rules. However, the aforesaid is not applicable for Urgent Applications.

Enjoy the holidays and safe travels.