Court Ushers Act

Court Ushers Rules 1953

[GN 95 of 1953 – 6 June 1953] [Section 30]

1.These rules may be cited as the Court Ushers Rules 1953.

2. In these rules –

"Act" means the Court Ushers Act;

"Chief Court Usher" means the Court Usher designated as such by the Chief Justice for the purposes of these rules.

3. The registers to be kept by the Master and Registrar under section 22(2) of the Act and by the District or Head Clerks under section 26(2) of the Act shall be in the form set out in the First Schedule.

[R. 3 amended by s. 30 of Act 14 of 1960 w.e.f. 1 August 1960.]

4. The register to be kept by Supreme Court ushers under section 25(1) of the Act shall be in the form set out in the Second Schedule.

5. (1) Where the services of a Court Usher of the Supreme Court are required by an attorney or other person and the formalities prescribed by section 22(1), (2) and (5) of the Act have been complied with, the Chief Court Usher shall, in accordance with such directions as may be given to him by the Master and Registrar, shall appoint a Court Usher in writing for the purpose of giving effect to the application of such attorney or other person.

(2) A claim for fees made by the Master and Registrar against an attorney pursuant to section 23 of the Act shall be made by delivery to the attorney in person of a written notification of the claim.

[R. 5 amended by s. 10 of Act 20 of 1993 w.e.f. 26 June 1993; s. 7 of Act 13 of 2006 w.e.f. 3 August 2006.]

6. Where the services of a Court Usher of an Intermediate Criminal or District Court are required by an attorney or other person and the formalities prescribed by section 26(1), (2) and (5) of the Act have been complied with, the District or Head Clerk of the Court shall –

(a) where there is only one Court Usher attached to the Court, notify such Court Usher in writing of the application of the attorney or other person;

(b) where there is more than one Court Usher attached to the Court, notify one of the Court Ushers in writing of the application of the attorney or other person,

and thereupon the Court Usher so notified shall be responsible for giving effect to the application of such attorney or other person.

[R. 6 amended by s. 30 of Act 14 of 1960 w.e.f. 1 August 1960; s. 7 of Act 13 of 2006 w.e.f. 3 August 2006.]

7. Any process of the Supreme Court required to be served by a Court Usher shall be served by such Court Usher the Master and Registrar shall, for that purpose, appoint in writing.

[Reg. 7 amended by s. 7 of Act 13 of 2006 w.e.f. 3 August 2006.]

8. Any process of an Intermediate Criminal or District Court required to be served by a Court Usher shall be served by the Court Usher, or, where there is more than one Court Usher attached to the Court, by the Court Usher appointed for the purpose by the District or Head Clerk.

[R. 8 amended by s. 30 of Act 14 of 1960 w.e.f. 1 August 1960; s. 7 of Act 13 of 2006 w.e.f. 3 August 2006.]

9. (1)A roster consisting the names of all the Court Ushers of the Supreme Court shall be drawn up and kept by the Chief Court Usher of the Supreme Court, or any other Court Usher acting as such. From that roster, the Chief Court Usher shall select weekly, in rotation, a sufficient number of Court Ushers for attendance during the ensuing week at the sittings of the Supreme Court and of any Court presided over by the Master and Registrar.

(2) The Chief Court Usher may, if so required, depart from the roster referred to in paragraph (1).

[R. 9 amended by s. 7 of Act 13 of 2006 w.e.f. 3 August 2006.]

10. The number of Court Ushers to be selected for attendance at the Sittings of the several Courts shall be as follows –

Number of Court Ushers

(a) at all sittings of the Supreme Court in civil matters, or in criminal matters other than Assize cases

3

(b) at the Court of Assizes

4

for each Court

(c) at Court sittings presided over by the Master and Registrar

1

Provided that such number may be varied in case of need.

[R. 10 amended by s. 7 of Act 13 of 2006 w.e.f. 3 August 2006.]

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.