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64 Destruction of Documents

Rule 64 allows the registrar to authorize the destruction of documents related to matters that have not been adjudicated or withdrawn after three years from the last filing, in accordance with the Archives Act of 1962. This rule is discretionary and does not compel the registrar to destroy documents, nor can litigants force the registrar to do so. It is suggested that notice should be given to parties before any destruction occurs.

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49 views1 page

64 Destruction of Documents

Rule 64 allows the registrar to authorize the destruction of documents related to matters that have not been adjudicated or withdrawn after three years from the last filing, in accordance with the Archives Act of 1962. This rule is discretionary and does not compel the registrar to destroy documents, nor can litigants force the registrar to do so. It is suggested that notice should be given to parties before any destruction occurs.

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Bonolo Cebelihle
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Source:

Erasmus Superior Court Practice/Volume 2: Uniform Rules and Appendices/Part D1 Uniform Rules of Court/Rules regulating the conduct of the proceedings of the
several provincial and local divisions — GN R48 of 1965/Rules of Court/64 Destruction of documents

URL:
http://jutastat.juta.co.za/nxt/gateway.dll/scpr/399/427/428/429/508?f=templates$fn=default.htm

64 Destruction of documents
RS 22, 2023, D1 Rule 64­1
In any matter which has not been adjudicated upon by the court or a judge, and has not been withdrawn, the registrar may, subject to the provisions of the Archives
Act, 1962 (Act 6 of 1962), after the lapse of three years from the date of the filing of the last document therein, authorise the destruction of the documents filed in his
office relating to such matter.

Commentary
General. It is to be noted that the rule applies only to matters which have not been adjudicated upon by a court or judge, and have not been
withdrawn.
The rule entitles but does not oblige the registrar to destroy documents, and there is no basis upon which the court, at the instance of a
litigant, can compel the registrar to destroy documents. 1
It is suggested that the rule should provide for the giving of notice to the parties of an intended destruction of documents.
If the registrar has not yet authorized the destruction of the documents the action still remains pending in the court. 2

‘The Archives Act, 1962 (Act 6 of 1962).’ The Archives Act 6 of 1962 was repealed by the National Archives and Record Service of South
Africa Act 43 of 1996.

1 Molala v Minister of Law and Order 1993 (1) SA 673 (W) at 675J.
2 Morgan­Smith v Elektro Vroomen (Pty) Ltd 1977 (2) SA 191 (O); and see Molala v Minister of Law and Order 1993 (1) SA 673 (W).

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