25 Review by magistrates of proceedings of local courts (1) Where it comes to the notice of a magistrate that a local court within his province may have given a judgment or order which it was not competent to give, he shall direct the local court to refer the case to him, together with such report thereon as the person presiding over the community court or primary court may wish to give. (2) Where it appears to a designated officer that a local court has given a judgment or order which it was not competent to give, he shall refer the case to a magistrate for the province within which the local court is situated. (3) Where a case has been referred to him in terms of subsection (1) or (2), a magistrate may, if he considers that— (a) the local court concerned had no jurisdiction but another local court does, annul the proceedings and direct the case to be heard, de novo, before such other local court; (b) the local court concerned had jurisdiction— (i) set aside the judgment or order concerned and return the case for further hearing with such advice or directions as appear to him to be necessary or desirable; or (ii) set aside the judgment or order concerned and direct the case to be heard, de novo, before the same or another local court with such advice and directions as appear to him to be necessary or desirable; or (iii) confirm the judgment or order concerned: Provided that any such confirmation shall not affect the rights of any party to appeal against the judgment or order or to bring the proceedings concerned on review before any court of competent jurisdiction; (c) no local court has jurisdiction, annul the proceedings: Provided that a magistrate shall not exercise the powers conferred upon him by this subsection in any case— (a) unless the parties concerned have been afforded a reasonable opportunity of making representations as to the proposed exercise of any such powers; or (b) which was determined more than twelve months prior to the case being referred to him. (4) Where a judgment or order has been set aside or varied as a result of action taken by a magistrate in terms of subsection (3) or a local court in accordance with a direction given by a magistrate in terms of that subsection, the party in whose favour the judgment or order was made shall make such refund or restitution as is necessary to accord with the setting aside or variation of the judgment or order, as the case may be. (5) An appeal shall lie to the High Court against a decision or direction given by a magistrate in terms of su bsection (3) as if it were an appeal against a judgment in a civil suit by the magistrate and for such purposes the law relating to such appeals shall apply, mutatis mutandis. (Subsection as amended by s. 10 of Act No. 9 of 1997) PART VII GENERAL 26 Evidence of proceedings in local courts A certificate which purports to be signed by the person presiding over or clerk of a local court and which specifies— (a) that a particular person appeared before that local court on a specified date; and (b) the grounds for, or cause of action in, the proceedings before that court; and (c) the result of such proceedings; shall be prima facie proof of the fact stated in it on its mere production by any person in any proceedings in any court. 27 Fines to be paid into Consolidated Revenue Fund Every person presiding over a local court shall ensure that all fines paid to him or to any officer of the court are paid into the Consolidated Revenue Fund. 28 Adjudication without authority and impersonation Any person who— (a) not being duly authorized, by this Act or any other enactment to do so, purports to exercise judicial functions as member of a local court; or (b) falsely holds himself out to be a member of a local court or a member of the staff thereof; shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment: Provided that this section shall not prohibit any arbitration or like settlement in any matter with the consent of the parties thereto.

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