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chipo n mukwena

What if a divorce matter had been postponed sine die because the parties have to dispose off another matter that has a bearing on the divorce matter. the three months lapses and the registra issues a notification to parties, advising them the matter has been deemed abandoned in terms of para 8 of practice 3 of 2013 (the direction). Can one file an application for reinstatement? If so, in terms of what law? The direction is silent on the recorse for a matter deemed abandoned in terms of para 8 of the direction.

Sipho F Moyo

Good question Chipo. It seems like there is no provision for reinstatement of abandoned matters in the Practice Direction. Paras 8 – 10 are similar to Rule 66 (2) and (3) of the High Court Rules (2021). It seems the only time an abandoned matter can be reinstated is when an appeal has been dismissed for want of prosecution in terms of Rule 26 of the Supreme Court Rules (2018). I stand corrected though