Indicated Preliminary

 


Magisterial District Judges have jurisdiction over civil claims where the disputed amount is less than $12,000, landlord / tenant disputes, Summary Offenses, and minor criminal matters. All Misdemeanor and Felony criminal cases are initially filed in the Magisterial District Courts. In such cases, the Magisterial District Judge is responsible for arraigning the accused, setting bail, and presiding over a Preliminary Hearing in the matter. At the Preliminary Hearing, these cases are either waived to the Court of Common Pleas by the defendant; or, after the hearing, the charges are either dismissed or bound over to court by the Magisterial District Judge. Magisterial District Judges also grant emergency relief under the Protection From Abuse Act and the Older Adult Protective Service Act. Additionally, Magisterial District Judges issue arrest warrants and search warrants. As officers of the Pennsylvania Unified Judicial System, Magisterial District Judges may administer oaths and affirmations and take acknowledgments. Magisterial District Judges also have the authority to perform marriages.

As I have already indicated, the first defendant has denied in the plea that the second defendant was at the time of the shooting acting within the course and scope of his employment. Visagie also testified that the second defendant did not shoot these people in the name of the Commando and was not employed to shoot the people. Both counsel confirmed that I should take judicial notice of the judgement on the criminal trial. This judgement was filed as part of the plaintiff’s Bundle. The only judgement that is also part of the plaintiff’s bundle that Mr Coetzee submitted that I should ignore as it is not part of the evidence, but that he will rely on during argument is that of Majiedt J in Suzette Irene Elmarie Nelson vs The Minister of Safety and Security and another: Case No:1326/04 (unreported). He also apologized for having included the copy of this judgement in the bundle of the evidence. I am therefore, as Mr Motloung, submitted to consider the circumstances under which the deceased was killed.

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