Compel – Application to compel discovery – Magistrates’ Court – Magistrates’ Court Rule 23
Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape, electronic, digital or other forms of recordings relating to any matter in question in such action, whether such matter is one arising between the party requiring discovery and the party required to make discovery or not, which are or have at any time been in the possession or control of such other party.
If any party fails to give discovery as aforesaid , the party desiring discovery or inspection may apply to a court, which may order compliance with this rule and, failing such compliance, may dismiss the claim or strike out the defence.
Compel – Application to compel discovery – Magistrates’ Court – Magistrates’ Court Rule 23
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
