Pollak: The South African Law of Jurisdiction

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Available
    Edition: 3rd Edition
  • Format: Loose-leaf
  • ISBN: 9781485128854
  • Extent: Approx. 500 Pages
  • Published:
  • Category: Civil Procedure

R895.00



Pollak on Jurisdiction has remained the most trusted, authoritative work on the subject since 1937, often being referred to with approval by South African courts and scholars. 

The third edition of this work was necessitated by the many changes to the law and the court structure in South Africa since the advent of the Constitution of the Republic of South Africa, 1996. On 23 August 2013 a new dispensation came into operation following the commencement of the Superior Courts Act 10 of 2013 and the Constitution Seventeenth Amendment Act of 2012. Section 166(c) of the Constitution of the Republic of South Africa, 1996, was substituted by s 2(a) of the Constitution Seventeenth Amendment Act of 2012, and a single High Court of South Africa was introduced.

Now published in an updatable loose-leaf format, the original service of the third edition attempts to state the law as at 31 December 2018. Revision services updating the new loose-leaf edition will appear biannually.

Key Benefits:

  • The first comprehensive discussion of the jurisdiction of the South African superior courts since the advent of the Constitution.
  • Discusses the following in respect of each of the Constitutional Court, the Supreme Court of Appeal and the High Court:
    • Jurisdiction in terms of the Constitution
    • Jurisdiction in terms of the Superior Courts Act 10 of 2013
    • Inherent jurisdiction
    • Jurisdiction at common law
    • Declination of jurisdiction
    • Limitation of jurisdiction
    • Exclusion of jurisdiction
  • Discusses the general principles of jurisdiction, including:
    • The principle of dominus litis
    • Rationes jurisdictionis
    • Attachment to found or confirm jurisdiction
  • Includes a discussion of:
    • Objection to jurisdiction
    • Onus of proof
    • Effect of judgment where the Court lacks jurisdiction
  • Regular electronic letters to subscribers covering new developments in the jurisdiction of the Superior Court

  • Prefaces
  • Principal authorities quoted with mode of citation
  • Mode of citation of Law Reports
  • Table of Cases
  • Table of Statutes
  • Table of Rules
  • Table of Practice Directions
  • Introduction
  • Sources of Jurisdiction of the Superior Courts
  • General Principles of Jurisdiction
  • The Jurisdiction of The Constitutional Court
  • The Jurisdiction of The Supreme Court of Appeal
  • The Jurisdiction of The High Court
  • Jurisdiction in respect of claims sounding in money
  • Actions in which a judgment relating to property is claimed
  • Interdicts, mandamenten van spolie and Anton Piller orders
  • Administration of estates and succession
  • Insolvency proceedings
  • Matrimonial proceedings
  • Foreign judgments and arbitral awards
  • Costs
  • Appendices
    • A: Renaming of courts
    • B: Areas of jurisdiction and seats of divisions and local divisions
    • B1: Determination of Areas under the Jurisdiction of the Gauteng Division, the Gauteng Local Division and the Limpopo Division of the High Court; Establishment of Local Seats for the Limpopo Division of the High Court (GN 1266 of 21 December 2015) 
    • B2: Determination of Areas under the Jurisdiction of the Gauteng Division, the Gauteng Local Division and the Limpopo Division of the High Court; Establishment of Local Seats for the Limpopo Division of the High Court (GN 30 of 15 January 2016)
    • B3: Withdrawal of GN 1266 of 21 December 2015 (GN 31 of 15 January 2016)
    • B4: Amendment of GN 30 of 15 January 2016 and determination of area of jurisdiction of the North West Division of the High Court (GN 408 of 29 March 2018)
  • General index

  • Legal practitioners 
  • Academics
  • Students

This product does not have any reviews yet - be the first to write one.

Pollak on Jurisdiction has remained the most trusted, authoritative work on the subject since 1937, often being referred to with approval by South African courts and scholars. 

The third edition of this work was necessitated by the many changes to the law and the court structure in South Africa since the advent of the Constitution of the Republic of South Africa, 1996. On 23 August 2013 a new dispensation came into operation following the commencement of the Superior Courts Act 10 of 2013 and the Constitution Seventeenth Amendment Act of 2012. Section 166(c) of the Constitution of the Republic of South Africa, 1996, was substituted by s 2(a) of the Constitution Seventeenth Amendment Act of 2012, and a single High Court of South Africa was introduced.

Now published in an updatable loose-leaf format, the original service of the third edition attempts to state the law as at 31 December 2018. Revision services updating the new loose-leaf edition will appear biannually.

Key Benefits:

  • The first comprehensive discussion of the jurisdiction of the South African superior courts since the advent of the Constitution.
  • Discusses the following in respect of each of the Constitutional Court, the Supreme Court of Appeal and the High Court:
    • Jurisdiction in terms of the Constitution
    • Jurisdiction in terms of the Superior Courts Act 10 of 2013
    • Inherent jurisdiction
    • Jurisdiction at common law
    • Declination of jurisdiction
    • Limitation of jurisdiction
    • Exclusion of jurisdiction
  • Discusses the general principles of jurisdiction, including:
    • The principle of dominus litis
    • Rationes jurisdictionis
    • Attachment to found or confirm jurisdiction
  • Includes a discussion of:
    • Objection to jurisdiction
    • Onus of proof
    • Effect of judgment where the Court lacks jurisdiction
  • Regular electronic letters to subscribers covering new developments in the jurisdiction of the Superior Court

  • Prefaces
  • Principal authorities quoted with mode of citation
  • Mode of citation of Law Reports
  • Table of Cases
  • Table of Statutes
  • Table of Rules
  • Table of Practice Directions
  • Introduction
  • Sources of Jurisdiction of the Superior Courts
  • General Principles of Jurisdiction
  • The Jurisdiction of The Constitutional Court
  • The Jurisdiction of The Supreme Court of Appeal
  • The Jurisdiction of The High Court
  • Jurisdiction in respect of claims sounding in money
  • Actions in which a judgment relating to property is claimed
  • Interdicts, mandamenten van spolie and Anton Piller orders
  • Administration of estates and succession
  • Insolvency proceedings
  • Matrimonial proceedings
  • Foreign judgments and arbitral awards
  • Costs
  • Appendices
    • A: Renaming of courts
    • B: Areas of jurisdiction and seats of divisions and local divisions
    • B1: Determination of Areas under the Jurisdiction of the Gauteng Division, the Gauteng Local Division and the Limpopo Division of the High Court; Establishment of Local Seats for the Limpopo Division of the High Court (GN 1266 of 21 December 2015) 
    • B2: Determination of Areas under the Jurisdiction of the Gauteng Division, the Gauteng Local Division and the Limpopo Division of the High Court; Establishment of Local Seats for the Limpopo Division of the High Court (GN 30 of 15 January 2016)
    • B3: Withdrawal of GN 1266 of 21 December 2015 (GN 31 of 15 January 2016)
    • B4: Amendment of GN 30 of 15 January 2016 and determination of area of jurisdiction of the North West Division of the High Court (GN 408 of 29 March 2018)
  • General index

  • Legal practitioners 
  • Academics
  • Students

This product does not have any reviews yet - be the first to write one.


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