Uniform Rule 70 & Magistrates’ Court Rule 33 Court Tariffs: Folio Calculation Guide (2026)
Drawing a compliant Bill of Costs in South African litigation requires strict adherence to statutory tariffs. Whether taxing a party-and-party allocatur before the Taxing Master or settling an attorney-and-client statement of account under the Legal Practice Act 28 of 2014, understanding the official folio definitions, hourly caps, and allowable disbursements is essential.
1. The Legal Definition of a “Folio” in South African Court Rules
Under both Uniform Rule 70 (High Court) and Magistrates’ Court Rule 33 / Table A:
- A “folio” is statutorily defined as 100 words (or any fraction thereof exceeding 50 words).
- Four figures (numbers, dates, currency amounts) are counted as one word for the purpose of taxation.
- Headings, case captions, and signature clauses must be included in the net word count.
2. High Court vs. Magistrates’ Court Tariff Architecture
| Item / Activity | High Court (Uniform Rule 70) | Magistrates’ Court (Rule 33 / Scale A-D) |
|---|---|---|
| Drafting Pleadings / Affidavits | Billed per folio (Section A / Tariff). Higher complexity allows discretionary uplift. | Fixed tariff per pleading according to applicable monetary scale (Scale A, B, C, or D). |
| Taking Instructions | Billed per quarter hour (15-minute increments) or allowable time-charge. | Scale-determined fee per consultation / instruction. |
| Perusing Documents | Perused per page / folio (standard rate vs important documentation rate). | Scaled rate per document or per folio perused. |
| Attendance at Court / Trial | Billed per day or per hour under Section D (Advocate appearances require compliant Briefs). | Fixed scale appearance fee per day or half-day. |
3. Common Taxation Pitfalls & Objections Before the Taxing Master
Opposing attorneys routinely raise specific objections during taxation hearings:
- Over-estimating Folio Counts: Manually estimating page lengths instead of exact word counts leads to mandatory taxing-off penalties by the Taxing Master.
- Premature Notice of Taxation: Serving a Notice of Taxation under Uniform Rule 70(1) before the underlying judgment has been stamped, signed, and entered into the registrar’s roll.
- Unjustified Scale Uplift: Claiming High Court Scale C without an express judicial directive in terms of Rule 69.
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