The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), read with section 9(6)(a) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No. 31 of 2008), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.
The purpose of these rules is to promote access to the courts and to ensure that the right to have disputes that can be resolved by the application of law by a fair public hearing before a court is given effect to.
These rules are to be applied so as to facilitate the expeditious handling of disputes and the minimization of costs involved.
In order to promote access to the courts or when it is in the interest of justice to do so, a court may, at a conference convened in terms of section 54(1) of the Act, dispense with any provision of these rules and give directions as to the procedure to be followed by the parties so as to dispose of the action in the most expeditious and least costly manner.
With the exception of Forms 2, 2A, 2B, 3, 5A and 5B which shall in all respects conform to the specimens, the forms contained in Annexure 1 may be used with such variation as circumstances require.
any written request as referred to in section 59 of the Act which does not comply with a request contained in Form 5A or 5B.
All process of the court for service or execution and all documents or copies to be filed of record other than documents or copies filed of record as documentary proof shall be on paper known as A4 standard paper of a size of approximately 210mm by 297 mm.
"Criminal Procedure Act, 1977" means the Criminal Procedure Act, 1977 (Act No.
"Divorce Act, 1979" means the Divorce Act, 1979 (Act No.
"Electronic Communications and Transactions Act, 2002" means the Electronic Communications and Transactions Act, 2002 (Act No.
"National Credit Act, 2005" means the National Credit Act, 2005 (Act No.
"sheriff", means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act No.
"the Act" means the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).
A Saturday, Sunday or public holiday shall not, unless the contrary appears, be reckoned as part of any period calculated in terms of these rules.
All distances shall be calculated over the shortest route reasonably available in the circumstances.
The registrar or clerk of the court shall sign (manually or by machining a facsimile of his or her signature) and issue all such process of the court as may be sued out by any person entitled thereto or, at the request of any party by whom process was sued out, to reissue such process after its return by the sheriff.
The first document filed in a case or any application not relating to a then pending case shall be numbered by the registrar or clerk of the court with a consecutive number for the year during which it is filed.
Every document that has been served or delivered in an action or application referred to in subrule (2) or in any subsequent matter in continuation of any such application or action shall be marked with the relevant number by the party delivering it and shall not be received by the registrar or clerk of the court until so marked.
All documents delivered to the registrar or clerk of the court to be filed and any minutes made by the court shall be filed under the number of the respective action or application.
Copies of the documents referred to in rule 3(4) may be made by any person in the presence of the registrar or clerk of the court.
any costs incurred after judgment and payable by the judgment debtor.
A second or further certified copy of a judgment may be issued upon the filing of an affidavit confirming the loss of the certified copy of a judgment which it is intended to replace.
The registrar or clerk of the court shall assist litigants by explaining these rules of procedure and providing such further assistance as is reasonably possible in accordance with section 9(6)(b)(ii) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No. 31 of 2008).
a daily index of all cases entered in the register of divorce cases.
a request for a judgment by default having been refused.
party or tax any bill of costs.
When a court imposes upon a person any fine such person shall forthwith pay such fine to the registrar or clerk of the court.
Except on Saturdays, Sundays and public holidays, the offices of the registrar or clerk of the court shall be open from 8:00 to 13:00 and from 14:00 to 16:00, save that, for the purpose of issuing any process or filing any document, other than a notice of intention to defend, the offices shall be open from 8:00 to 13:00, and from 14:00 to 15:00: Provided that the registrar or clerk of the court may in exceptional circumstances issue process and accept documents at any time, and shall do so when directed by a magistrate.
(a) The letter of demand referred to in sections 57 and 58 of the Act shall contain particulars about the nature and amount of the claim.
Where the original cause of action is a credit agreement under the National Credit Act, 2005, the letter of demand referred to in section 58 of the Act must deal with each one of the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been complied with.
A request in writing referred to in section 59 of the Act shall be directed to the registrar or clerk of the court by means of Form 5A or 5B, as the case may be, supported by an affidavit containing such evidence as is necessary to establish that all requirements in law have been complied with.
A consent to judgment in terms of section 58 of the Act shall be signed by the debtor and by two witnesses whose names shall be stated in full and whose addresses and telephone numbers shall also be recorded.
Rules 12(6), (6A) and (7) apply to a request for judgment in terms of sections 57 and 58 of the Act.
after complying with paragraph (a), if the summons is a combined summons, within 20 days after giving such notice, deliver a plea (with or without a claim in reconvention), or an exception, or an application to strike out.
In every case where the claim is not for a debt or liquidated demand the summons shall be a combined summons similar to Form 2B of Annexure 1, to which summons shall be annexed a statement of the material facts relied upon by the plaintiff in support of plaintiff's claim, and which statement shall, amongst others, comply with rule 6.
Where the claim is for a debt or liquidated demand the summons may be a simple summons similar to Form 2 of Annexure 1.
(i) Every summons shall be signed by the attorney acting for the plaintiff and shall bear the attorney's physical address, within 15 kilometres of the courthouse, the attorney's postal address and, where available, the attorney's facsimile address and electronic mail address.
If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff, who shall in addition append a physical address within 15 kilometres of the courthouse at which plaintiff will accept service of all subsequent documents and notices in the suit, the plaintiff's postal address and, where available, plaintiff's facsimile address and electronic mail address.
business of the plaintiff, and if the plaintiff sues in a representative capacity, such capacity.
a notice in which the defendant's attention is directed to the provisions of sections 57, 58, 65A and 65D of the Act in cases where the action is based on a debt referred to in section 55 of the Act.
show any abandonment of part of the claim under section 38 of the Act and any set-off under section 39 of the Act.
Provided that where the original cause of action is a credit agreement under the National Credit Act, 2005, the plaintiff seeking to obtain judgment in terms of section 58 of the Act shall in the summons deal with each one of the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been complied with.
A summons for rent under section 31 of the Act shall be in the form prescribed in Annexure 1, Form 3.
Where the plaintiff sues as cessionary the plaintiff shall indicate the name, address and description of the cedent at the date of cession as well as the date of the cession.
"The defendant's attention is drawn to section 26(1) of the Constitution of the Republic of South Africa which accords to everyone the right to have access to adequate housing. Should the defendant claim that the order for eviction will infringe that right it is incumbent on the defendant to place information supporting that claim before the Court".
If a party fails to comply with any of the provisions of this rule, such summons shall be deemed to be an irregular step and the opposite party shall be entitled to act in accordance with rule 60A.
Every pleading shall be signed by an attorney or, if a party is unrepresented, by that party.
The title of the action describing the parties thereto and the number assigned thereto by the registrar or clerk of the court, shall appear at the head of each pleading: Provided that where the parties are numerous or the title lengthy and abbreviation is reasonably possible, it shall be so abbreviated.
Every pleading shall be divided into paragraphs (including sub-paragraphs) which shall be consecutively numbered and shall, as nearly as possible, each contain a distinct averment.
Every pleading shall contain a clear and concise statement of the material facts upon which the pleader relies for his or her claim, defence or answer to any pleading, as the case may be, with sufficient particularity to enable the opposite party to reply thereto.
When in any pleading a party denies an allegation of fact in the previous pleading of the opposite party, he or she shall not do so evasively, but shall answer the point of substance.
A party who in such party's pleading relies upon a contract shall state whether the contract is in writing or oral, when, where and by whom it was concluded, and if the contract is in writing a copy thereof or of the part relied on in the pleading shall be annexed to the pleading.
It shall not be necessary in any pleading to state the circumstances from which an alleged implied term can be inferred.
A party claiming division, transfer or forfeiture of assets in divorce proceedings in respect of a marriage out of community of property, shall give details of the grounds on which such party claims entitlement to such division, transfer or forfeiture.
disfigurement, with a full description thereof and stating whether it is temporary or permanent.
A plaintiff suing for damages resulting from the death of another shall state the date of birth of the deceased as well as that of any person claiming damages as a result of the death.
A party who relies on an agreement governed by legislation shall state the nature and extent of the party's compliance with the relevant provisions of such legislation.
If a party fails to comply with any of the provisions of this rule, such pleading shall be deemed to be an irregular step and the opposite party shall be entitled to act in accordance with rule 60A.
Subject to the provisions of this rule, a summons may be amended by the plaintiff before service as he or she may deem fit.
Any alteration or amendment of a summons before service and whether before or after issue, shall, before the summons is served, be initialled by the registrar or clerk of the court in the original summons, and, until so initialled, such alteration or amendment shall have no effect.
When no first name or initial or an incorrect or incorrectly spelt first name is or not all the first names of the defendant are reflected in the summons and the first name or initial or the correct or correctly spelt first name of the defendant is or all the first names of the defendant are furnished by the person on whom service of the summons was effected, and such first name or initial or correct or correctly spelt first name is disclosed in the return of the sheriff, or all the first names of the defendant are so disclosed, the registrar or clerk of the court may, at the request of the plaintiff and without notice to the defendant, insert such name or initial in the summons as being the name or initial of the defendant and such amendment shall for all purposes be considered as if it had been made before service of the summons.
Rule 55A shall apply to the amendment of a summons after service.
Except as otherwise provided in these rules, the process of the court shall be served or executed, as the case may be, through the sheriff.
Service or execution of process of the court shall be effected without any unreasonable delay, and the sheriff shall, in any case where resistance to the due service or execution of the process of the court has been met with or is reasonably anticipated, have power to call upon any member of the South African Police Force, as established by the South African Police Service Act, 1995 (Act No. 68 of 1995), to render him or her aid.
the party who sued out the process that he or she has been unable to effect service or execution and of the reason for such inability, and return the said process to such party, and keep a record of any process so returned.
When a summons is entrusted to the sheriff for service, subrule (3) shall mutatis mutandis be applicable: Provided that the registrar or clerk of the court shall not be notified of the service and that the summons shall be returned to the party who sued out the summons.
In any court for which an officer of the Public Service has been appointed sheriff, the return of any process shall be deemed to have been properly effected if the said process is placed in a receptacle specially set apart for the attorney of that party in the office of the said sheriff.
After service or attempted service of any process, notice or document, the sheriff, other than a sheriff who is an officer of the Public Service, shall specify the total amount of his or her charges on the original and all copies thereof and the amount of each of his or her charges separately on the return of service.
The Director-General of Justice shall by notice in the Gazette publish the name of every court for which a sheriff who is an officer of the Public Service has been appointed.
A party requiring service of any process, notice or other document to be made by the sheriff shall provide the sheriff with the original or a certified copy of such process, notice or document, together with as many copies thereof as there are persons to be served: Provided that the registrar or clerk of the court may, at the written request of the party requiring service, hand such process, notice or document and copies thereof to the sheriff.
Except as provided in paragraph (b) or in the case of service by post or upon order of the court, process, notices or other documents shall not be served on a Sunday or public holiday.
An interdict, a warrant of arrest, and a warrant of attachment of property under section 30bis of the Act may be executed on any day at any hour and at any place.
if the plaintiff or his or her authorised agent has given instructions in writing to the sheriff to serve by registered post, the process shall be so served: Provided that a debt counsellor who makes a referral to court in terms of section 86(7) (c) or 86(8)(b) of the National Credit Act may cause the referral to be served by registered post or by hand.
Provided that where such service has been effected in the manner prescribed by paragraphs (b), (c), (e) or (g), the sheriff shall indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, corporation, company, body corporate or institution affected by the process and where such service has been effected in the manner prescribed by paragraphs (b), (c), (d) or (f), the court may, if there is reason to doubt whether the process served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, treat such service as invalid: Provided further that, subject to subrule (9), service of any process through which a divorce action is instituted shall only be affected by the sheriff on the defendant personally.
The sheriff shall, on demand by the person upon or against whom process is served, exhibit to that person the original or certified copy of the process.
The sheriff or other person serving the process or documents shall explain the nature and contents thereof to the person upon whom service is being affected and shall state in his or her return or affidavit or on the signed receipt whether he or she has done so.
Where the person to be served keeps his or her residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door or security gate of such residence or place of business or to place such copy in the post box at such residence or place of business.
Service of an interpleader summons where claim is made to any property attached under process of the court may be made upon the attorney, if any, of the party to be served.
in the case of a syndicate, unincorporated company, club, society, church, public institution or public body, when service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairperson or secretary or similar officer thereof in any manner prescribed in this rule.
Service of a subpoena on a witness may be effected at a reasonable time before attendance is required in any manner prescribed in this rule.
Service of any notice, request, statement or other document which is not process of the court may be effected by delivery by hand at the address for service given in the summons or appearance to defend, as the case may be, or by sending it by registered post to the postal address so given: Provided that, subject to rules 5 and 13, service of such notice, request, statement or other document may be effected by sending it by facsimile or electronic mail to the facsimile address or electronic mail address given in the summons or notice of intention to defend, as the case may be.
An address for service, postal address, facsimile address or electronic address so given as contemplated in paragraph (a) may be changed by the delivery of notice of a new address and thereafter service may be effected as provided for in that paragraph at such new address.
Service by registered post under this subrule shall, until the contrary appears, be deemed to have been effected at 10 o'clock in the forenoon on the fourth day after the postmarked date upon the receipt for registration.
Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 is applicable to service by facsimile or electronic mail.
Service under this subrule need not be effected through the sheriff.
Subject to rule 10, where the court is satisfied that service cannot be effected in any manner prescribed in this rule and that the action is within its jurisdiction, it may make an order allowing service to be effected by the person and in the manner specified in such order.
in the case where any other party is to be served, at least 10 days, before the time specified in such ex parte order or interpleader summons for the appearance of such party.
in the case of any other party, at least 10 days, before the day appointed for the hearing of the application, but the court may on cause shown reduce such period.
Unless otherwise provided, where service of process may be effected by registered post such service shall be effected by the sheriff placing a copy thereof in an envelope, addressing and posting it by pre-paid registered letter to the address of the party to be served and making application at the time of registration for an acknowledgment by the addressee of the receipt thereof as provided in regulation 44(5) of the regulations published under Government Notice R. 550 of 14 April 1960.
If no such acknowledgment be received the sheriff shall state the fact in his or her return of service of the process.
"This letter must not be readdressed. If delivery is not effected before 20 , this letter must be delivered to the Sheriff of the Magistrate's Court at ".
by any person referred to in sub-paragraph (i) or (ii) of paragraph (a), if the law of such country permits him or her to serve such process or document or if there is no law in such country prohibiting such service and the authorities of that country have not interposed any objection thereto.
Service of any process of the court or of any document in Australia, Botswana, Finland, France, Hong Kong, Lesotho, Malawi, New Zealand, Spain, Swaziland, the United Kingdom of Great Britain and Northern Ireland and Zimbabwe may, notwithstanding subrule (14), also be effected by an attorney, solicitor, notary public or other legal practitioner in the country concerned who is under the law of that country authorised to serve process of court or documents and in the state concerned who is under the law of that state authorised to serve process of court or documents.
Any process of court or document to be served in a foreign country shall be accompanied by a sworn translation thereof into an official language of that country or part of that country in which the process or document is to be served, together with a certified copy of the process or document and such translation.
Any process of court or document to be served as provided in subrule (14), shall be delivered to the registrar or the clerk of the court, as the case may be.
Any process of court or document delivered to the registrar_or clerk of the court, as the case may be, in terms of paragraph (b) shall be transmitted by him or her together with the translation referred to in paragraph (a), to the Director-General of International Relations and Cooperation or to a destination indicated by the Director-General of International Relations and Cooperation, for service in the foreign country concerned, and the registrar or clerk of the court shall satisfy himself or herself that the process of court or document allows a sufficient period for service to be effected in good time.
where service has not been effected by the sheriff, nor in terms of subrule (14) or (15), by an affidavit of the person who effected service, or in the case of service on an attorney or a member of his or her staff, the Government of the Republic, the Administration of any Province or on any Minister, Premier, or any other officer of such Government or Administration, in his or her capacity as such, by the production of a signed receipt therefor.
(a) The document which serves as proof of service shall, together with the served process of court or document, without delay be furnished to the person at whose request service was effected.
his or her mandate to act on behalf of a party, if he or she is a legal practitioner, is terminated in any manner.
the process of court or document in question has been served by him or her, setting forth the manner and date of such service and affirming that the law of the country concerned permits him or her to serve process of court or documents or that there is no law in such country prohibiting such service and that the authorities of that country have not interposed any objection thereto.
Whenever any process has been served within the Republic by a sheriff outside the jurisdiction of the court from which it was issued, the signature of such sheriff upon the return of service shall not require authentication by the sheriff.
Whenever the court is not satisfied as to the effectiveness of the service, it may order such further steps to be taken as it deems fit.
two copies of a translation in English of such process or citation if the original is in any other language.
Service under subrule (21) shall be effected by delivering to the person to be served one copy of the process or citation to be served and one copy of the translation, if any, thereof in accordance with this rule.
particulars of charges for the cost of effecting such service.
The particulars of charges for the cost of effecting service under subrule (21) shall be submitted to the taxing officer of the court concerned, who shall certify the correctness of such charges or other amount payable for the cost of effecting service.
the particulars of charges for the cost of effecting service, and the certificate, or copy thereof, certifying the correctness of such charges.
(a) Save by leave of the court no process or document whereby proceedings are instituted shall be served outside the Republic.
If service of process or document whereby proceedings are instituted cannot be effected in any manner prescribed in rule 9, or if process or a document whereby proceedings are instituted is to be served outside the Republic, the person desiring to obtain leave to effect service may apply for such leave to a presiding officer, who may consider the application in chambers.
Any person desiring to obtain leave in the circumstances contemplated in subrule (1)(b) shall make application to the court setting forth concisely the nature and extent of his or her claim, the grounds upon which it is based and upon which the court has jurisdiction to entertain the claim and also the manner of service which the court is asked to authorise: Provided that if the manner of service is other than personal service, the application shall further set forth the last-known whereabouts of the person to be served and the inquiries made to ascertain his or her present whereabouts.
Upon such application the court may make such order as to the manner of service as it deems fit and shall further order the time within which notice of intention to defend is to be given or any other step that is to be taken by the person to be served.
Where service by publication is ordered, it may be in a form similar to Form 4 of Annexure 1, approved and signed by the registrar or clerk of the court.
Any person desiring to obtain leave to effect service inside or outside the Republic of any document other than one whereby proceedings are instituted, may either make application for such leave in terms of subrule (2) or request such leave at any hearing at which the court is dealing with the matter, in which latter event no papers need be filed in support of such request, and the court may act upon such information as may be given from the bar or given in such other manner as it may require, and may make such order as it deems fit.
lodging with the registrar or clerk of the court a consent in a similar form duly signed by him or her and by two witnesses whose names are stated in full and whose addresses and telephone numbers are also recorded.
Where a defendant consents to judgment as contemplated in subrule (1) before instructions for service have been given to the sheriff, it shall not be necessary to serve the summons, and the defendant shall not be chargeable with fees for service.
Subject to the provisions of section 58 of the Act a defendant consenting in terms of subrule (1) before the expiration of the time within which to deliver notice of intention to defend shall not be chargeable with judgment charges.
A defendant may, after delivering notice of intention to defend, save for actions for relief in terms of the Divorce Act, 1979, or nullity of marriage, consent to judgment by delivering a consent similar in form to that endorsed on the summons and such consent shall be signed by the defendant or by his or her attorney.
If a defendant's consent is for less than the amount claimed in the summons, he or she may deliver notice of intention to defend or may continue his or her defence as to the balance of the claim.
Notwithstanding a judgment upon a consent contemplated in paragraph (a), the action may proceed as to the balance of the claim, and it shall be in all subsequent respects an action for such balance.
When a defendant has consented to judgment, the registrar or clerk of the court shall, subject to section 58 of the Act and rule 12(5), (6) and (7), enter judgment in terms of the defendant's consent: Provided that where such consent to judgment is contained in defendant's plea, the registrar or clerk of the court shall refer the matter to the court and the court may thereupon exercise its powers under rule 12(7).
interest at the rate specified in the summons to the date of payment or, if no rate is specified, at the rate prescribed under section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975).
If the defendant has delivered notice of intention to defend but has failed to deliver a plea within the time prescribed under rule 17 or within any extended time allowed, the plaintiff may deliver a notice in writing calling upon the defendant to deliver a plea within 5 days of the receipt of such notice, and, on failure of the defendant to deliver his or her plea within that period or within such further period as may be agreed between the parties, he or she shall be in default with such plea, and ipso facto barred.
When the plaintiff has complied with subparagraph (i) he or she may lodge with the registrar or clerk of the court a request in writing for judgment in the same manner as when the defendant has failed to deliver notice of intention to defend.
When the defendant has failed to deliver notice of intention to defend or, having delivered such notice, has failed to deliver a plea within the period specified in the notice delivered to him or her in terms of paragraph (b) and the plaintiff has in either case lodged a request for judgment, the registrar or clerk of the court shall process the request in terms of the provisions of subrules (2), (3), (4), (5), (6), (6A) and (7), and notify the plaintiff of the outcome of the request by returning the duplicate copy duly endorsed as to the result and the date thereof.
When a defendant has delivered notice of intention to defend but has failed to deliver a plea within the period specified in the notice delivered to him or her in terms of paragraph (b) and the registrar or clerk of the court has entered judgment in terms of a request lodged by the plaintiff, costs shall be taxed as if it had been a defended action.
Provided that in divorce actions rule 22(5) shall apply.
exhibits any two or more of such defects or any other defect of form, he or she shall not enter judgment against the defendant unless the plaintiff has delivered notice in writing to the defendant calling upon him or her to deliver a notice of intention to defend in due form within 5 days of the receipt of such notice.
The notice provided for in subrule (2)(a) shall set out in what respect the defendant's notice of intention to defend is defective.
On failure of the defendant to deliver a notice of intention to defend as provided in paragraph (a), the plaintiff may lodge with the registrar or clerk of the court a written request for judgment in default of due notice of intention to defend: Provided that in divorce actions rule 22(5) shall apply.
Judgment in default of appearance to defend shall not be entered in an action in which the summons has been served by registered post unless the acknowledgement of receipt referred to in rule 9 (13) (a) has been filed by the sheriff with his or her return of service.
When a claim is for a debt or liquidated amount in money and the defendant has failed to deliver notice of intention to defend or, having delivered notice of intention to defend, has failed to deliver a plea within the period specified in the notice delivered in terms of subrule (1)(b)(i) and the plaintiff has in either case lodged a request for judgment, the registrar or clerk of the court may, subject to the provisions of subrules (2), (4), (5), (6) and (6A) grant judgment or refer the matter to the court in terms of subrule (7).
The registrar or clerk of the court shall refer to the court any request for judgment for an unliquidated amount and the plaintiff shall furnish to the court evidence either oral or by affidavit of the nature and extent of the claim, whereupon the court shall assess the amount recoverable by the plaintiff and shall give an appropriate judgment.
The registrar or clerk of the court shall refer to the court any request for judgment on a claim founded on any cause of action arising out of or based on an agreement governed by the National Credit Act, or the Credit Agreements Act, 1980 (Act No. 75 of 1980), and the court shall thereupon make such order or give such judgment as it may deem fit.
If the action be on a liquid document or any agreement in writing the plaintiff shall together with the request for default judgment file the original of such document or the original agreement in writing or an affidavit setting out reasons to the satisfaction of the court or the registrar or clerk of the court, as the case may be, why such original cannot or should not be filed.
If a claim is founded on any cause of action arising out of or regulated by legislation, then the plaintiff shall together with the request for default judgment file evidence confirming compliance with the provisions of such legislation to the satisfaction of the court.
make such other order as it may deem fit.
When one or more of several defendants in an action consent to judgment or fail to deliver notice of intention to defend or to deliver a plea, judgment may be entered against the defendant or defendants who have consented to judgment or are in default, and the plaintiff may proceed on such judgment without prejudice to his or her right to continue the action against another defendant or other defendants.
Judgment shall be entered by making a minute of record thereof.
The defendant in every civil action shall be allowed 10 days after service of summons on defendant within which to deliver a notice of intention to defend, either personally or through defendant's attorney: Provided that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed within which to deliver a notice of intention to defend.
In an action against any Minister, Deputy Minister, Provincial Premier, officer or servant of the State, in such official capacity, the State or the administration of a province, the time allowed for delivery of notice of intention to defend shall not be less than 20 days after service of summons, unless the court has specially authorised a shorter period.
When a defendant delivers notice of intention to defend, the defendant shall therein give his or her full physical residential or business address, postal address and where available, facsimile address and electronic mail address, and shall also indicate and select therein the preferred address for service on the defendant thereat of all documents in such action, and service thereof at the address so given shall be valid and effectual, except where by any order or practice of the court personal service is required: Provided that the physical address given by the defendant in the notice of intention to defend shall be an address situated within 15 kilometres of the courthouse.
A party shall not by reason of delivery of notice of intention to defend be deemed to have waived any right to object to the jurisdiction of the court or to any irregularity or impropriety in the proceedings.
Notwithstanding subrules (1) and (2) a notice of intention to defend may be delivered even after expiration of the period specified in the summons or the period specified in subrule (2), before default judgment has been granted: Provided that the plaintiff shall be entitled to costs if the notice of intention to defend was delivered after the plaintiff had lodged the request for judgment by default.
for ejectment, together with any claim for interest and costs.
The plaintiff shall within 15 days after the date of delivery of notice of intention to defend, deliver notice of application for summary judgment, together with an affidavit made by plaintiff or by any other person who can swear positively to the facts verifying the cause of action and the amount, if any, claimed and stating that in his or her opinion there is no bona fide defence to the action and that notice of intention to defend has been delivered solely for the purpose of delay. If the claim is founded on a liquid document a copy of the document shall be annexed to such affidavit and the notice of application for summary judgment shall state that the application will be set down for hearing on a stated day not being less than 10 days from the date of the delivery thereof.
satisfy the court by affidavit (which shall be delivered before noon on the court day but one preceding the day on which the application is to be heard) or with the leave of the court by oral evidence of himself or herself or of any other person who can swear positively to the fact that defendant has a bona fide defence to the action, and such affidavit or evidence shall disclose fully the nature and grounds of the defence and the material facts relied upon therefor.
No evidence may be adduced by the plaintiff otherwise than by the affidavit referred to in subrule (2), nor may either party cross-examine any person who gives evidence orally or on affidavit: Provided that the court may put to any person who gives oral evidence such questions as it deems fit.
If the defendant does not find security or satisfy the court as provided in subrule (3), the court may enter summary judgment in favour of the plaintiff.
give leave to defend to the defendant as to part of the claim and enter judgment against him or her as to the balance of the claim, unless such balance has been paid to the plaintiff; or make both orders provided for in subparagraphs (i) and (ii).
If the defendant finds security or satisfies the court as provided in subrule (3), the court shall give leave to defend, and the action shall proceed as if no application for summary judgment had been made.
Leave to defend may be given unconditionally or subject to such terms as to security, time for delivery of pleadings, or otherwise, as the court deems fit.
Where delivery of a declaration is required by these rules and the court, when giving leave to defend in terms of this rule, has not made an order for the delivery of such declaration within a specified time, such declaration shall be delivered within 15 days of the date leave to defend has been given.
in any case in which summary judgment was refused and in which the court after trial gives judgment for the plaintiff substantially as prayed, and the court finds that summary judgment should have been granted had the defendant not raised a defence which in its opinion was unreasonable, the court may order the plaintiff's costs of the action to be taxed as between attorney and client.
14A (1) Where by law any person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons in accordance with Form 2A of Annexure 1, calling upon such person to pay the amount claimed or failing such payment to appear personally or by practitioner upon a day named in such summons not being less than 10 days after the service upon him or her of such summons, to admit or deny his or her liability.
A summons provided for in subrule (1) shall be issued by the registrar or clerk of the court and rule 5 shall apply mutatis mutandis.
Copies of all documents upon which the claim is founded shall be annexed to the summons and served with it.
The plaintiff shall set down a case for hearing for provisional sentence not later than three days before the day upon which it is to be heard.
Upon the day named in a summons for provisional sentence the defendant may appear personally or by a practitioner to admit or deny his or her liability or may, not later than three days before the day upon which he or she is called upon to appear in court, deliver an affidavit setting forth the grounds upon which he or_she disputes liability.
In the event of delivery of an affidavit provided for in paragraph (a) the plaintiff shall be afforded a reasonable opportunity of replying thereto.
If at a hearing for provisional sentence the defendant admits his or her liability or if he or she has previously filed with the clerk of the court an admission of liability signed by himself or herself and witnessed by an attorney acting for him or her and not acting for the opposite party, or, if not so witnessed, verified by affidavit, the court may give final judgement against him or her.
The court may hear oral evidence as to the authenticity of the defendant's signature, or that of his or her agent, to the document upon which claim for provisional sentence is founded or as to the authority of the defendant's agent.
Should the court refuse provisional sentence it may order the defendant to file a plea within a stated time and may make such order as to the costs of the proceedings as it deems fit.
When an order provided for in paragraph (a) has been made the provisions of these rules as to pleading and the further conduct of trial actions shall mutatis mutandis apply.
The plaintiff shall on demand furnish the defendant with security de restituendo to the satisfaction of the registrar or clerk of the court, against payment of the amount due under a judgment for provisional sentence.
Any person against whom provisional sentence has been granted may enter into the principal case only if he or she shall have satisfied the amount of the judgment of provisional sentence and costs, or if the plaintiff on demand fails to furnish due security in terms of subrule (9).
A defendant entitled and wishing to enter into the principal case shall, within two months of the grant of provisional sentence, deliver notice of his or her intention to do so, and he or she shall deliver a plea within 10 days thereafter.
Failing a notice or plea contemplated in paragraph (a) a provisional sentence shall ipso facto become a final judgment and the security given by the plaintiff shall lapse.
In all actions in which the plaintiff has issued a simple summons and the defendant has delivered a notice of intention to defend, the plaintiff shall, within 15 days after receipt of the notice of intention to defend, deliver a declaration.
A declaration under subrule (1) shall set forth the nature of the claim, the conclusions of law which the plaintiff shall be entitled to deduce from the facts stated therein, and a prayer for the relief claimed.
Where the plaintiff seeks relief in respect of several distinct claims founded upon separate and distinct facts, such claims and facts shall be separately and distinctly stated.
If the plaintiff has failed to deliver a declaration within the time prescribed under subrule (1) or within any extended time allowed, the defendant may deliver a notice in writing calling upon the plaintiff to deliver a declaration within five days of the receipt of such notice, and, on failure of the plaintiff to deliver his or her declaration within that period or within such further period as may be agreed between the parties, he or she shall be in default with such declaration, and ipso facto barred.
Where a plaintiff has been barred from delivering a declaration the defendant may set the action down for hearing upon not less than 10 days' notice to the defaulting plaintiff, and apply for absolution from the instance or, after adducing evidence, for judgment, and the court may make such order thereon as it deems fit.
Subject to subrules (2), (3) and (4) further particulars shall not be requested.
After the close of pleadings any party may, not less than 20 days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him or her to prepare for trial.
A request contemplated in paragraph (a) shall be complied with within 10 days after receipt thereof.
A request for further particulars for trial and the reply thereto shall be signed by an attorney or, if a party is unrepresented, by that party.
If a party who has been requested in terms of this rule to furnish any particulars fails to deliver them timeously or sufficiently, the party requesting the same may apply to court for an order for their delivery or for the dismissal of the action or the striking out of the defence, whereupon the court may make such order as it deems fit.
A court shall at the conclusion of a trial mero motu consider whether the further particulars were strictly necessary, and shall disallow all costs of and flowing from any unnecessary request or reply, or both, and may order either party to pay the costs thereby wasted, on an attorney and client basis or otherwise.
Where a defendant has delivered notice of intention to defend, the defendant shall within 20 days after the service upon him or her of a declaration or within 20 days after delivery of such notice in respect of a combined summons, deliver a plea with or without a claim in reconvention, or an exception with or without application to strike out.
The defendant shall in defendant's plea either admit or deny or confess and avoid all the material facts alleged in the combined summons or declaration or state which of the said facts are not admitted and to what extent, and shall clearly and concisely state all material facts upon which defendant relies.
Every allegation of fact in the combined summons or declaration which is not stated in the plea to be denied or to be admitted, shall be deemed to be admitted.
If any explanation or qualification of any denial is necessary, it shall be stated in the plea.
If by reason of any claim in reconvention, the defendant claims that on the giving of judgment on such claim, the plaintiff's claim will be extinguished either in whole or in part, the defendant may in the plea refer to the fact of such claim in reconvention and request that judgment in respect of the claim or any portion thereof which would be extinguished by such claim in reconvention, be postponed until judgment on the claim in reconvention.
In the event of a request for postponement as provided for in paragraph (a) judgment on the claim shall, either in whole or in part, be so postponed unless the court, upon the application of any person interested, otherwise orders, but the court, if no other defence has been raised, may give judgment for such part of the claim as would not be extinguished, as if the defendant were in default of filing a plea in respect thereof, or may, on the application of either party, make such order as it deems fit.
Where a tender is pleaded as to part of the amount claimed, the plea shall specify the items of the plaintiff's claim to which the tender relates.
A plea of tender shall not be admissible unless the amount of the alleged tender is secured to the satisfaction of the plaintiff on the delivery of the plea, if not already paid or secured to the plaintiff and the amount so secured shall be paid out to the plaintiff only on the order of the court or upon an agreement in writing of the parties.
A tender after action brought shall imply an undertaking to pay the plaintiff's costs up to the date of the tender, unless such an undertaking is expressly disavowed at the time of such tender, and shall be valid without a securement of the amount at which such costs may be taxed.
If the defendant fails to comply with any of the provisions of subrules (2), (3) and (5), the plea shall be deemed to be an irregular step and the other party shall be entitled to act in accordance with rule 60A.
(a) In any action in which a sum of money is claimed, either alone or with any other relief, the defendant may at any time unconditionally or without prejudice make an offer in writing to settle the plaintiff's claim.
An offer to settle the plaintiff's claim shall be signed either by the defendant himself or herself or by his or her attorney if the latter has been authorised thereto in writing.
Where the plaintiff claims the performance of some act by the defendant, the defendant may at any time tender, either unconditionally or without prejudice, to perform such act.
in the event of a tender contemplated in paragraph (a) the defendant shall , unless the act must be performed by him or her personally, execute an irrevocable power of attorney authorising the performance of such act which he or she shall deliver to the registrar together with the tender.
give an indemnity in writing to such other party, the conditions of which shall be set out fully in the offer of settlement.
One of several defendants, as well as any third party from whom relief is claimed, may, either unconditionally or without prejudice, by way of an offer of settlement make an offer in writing to settle the plaintiff's or defendant's claim or tender to perform any act claimed by the plaintiff or defendant.
whether the defendant disclaims liability for the payment of costs or for part thereof, in which case the reasons for such disclaimer shall be given, and the action may then be set down on the question of costs alone.
A plaintiff or party referred to in subrule (3) may within 15 days after the receipt of the notice referred to in subrule (5), or thereafter with the consent in writing of the defendant or third party or order of court, on such conditions as may be considered to be fair, accept any offer or tender, whereupon the registrar or clerk of the court, having satisfied himself or herself that the requirements of this subrule have been complied with, shall hand over the power of attorney referred to in subrule (2) to the plaintiff or his or her attorney.
In the event of a failure to pay or to perform within 10 days after delivery of the notice of acceptance of the offer or tender, the party entitled to payment or performance may, on 5 days' notice in writing to the party who has failed to pay or perform apply through the registrar or clerk of the court to a magistrate for judgment in accordance with the offer or tender as well as for the costs of the application.
If notice of the acceptance of the offer or tender in terms of subrule (6) or notice in terms of subrule (7) is required to be given at an address other than that provided in rule 13(3), then it shall be given at an address, which is not a post office box or poste restante, within 15 kilometres of the office of the registrar or clerk of the court at which such notice must be delivered.
If an offer or tender accepted in terms of this rule is not stated to be in satisfaction of a plaintiffs claim and costs, the party to whom the offer or tender is made may apply to the court, after notice of not less than 5 days, for an order for costs.
No offer or tender in terms of this rule made without prejudice shall be disclosed to the court at any time before judgment has been given, and no reference to such offer or tender shall appear on any file in the office of the registrar or clerk of the court containing the papers in the said case.
The fact that an offer or tender referred to in this rule has been made may be brought to the notice of the court after judgment has been given as being relevant to the question of costs.
If the court has given judgment on the question of costs in ignorance of an offer or tender in terms of this rule and it is brought to the notice of the registrar or clerk of the court, in writing, within 5 days after the date of judgment, the question of costs shall be considered afresh in the light of the offer or tender: Provided that nothing in this subrule contained shall affect the court's discretion as to an award of costs.
Any party who, contrary to this rule, personally or through any person representing him or her, discloses an offer or tender in terms of this rule to the magistrate or the court shall be liable to have costs given against him or her even if he or she is successful in the action.
This rule shall apply mutatis mutandis where relief is claimed on motion or claim in reconvention or in terms of rule 28A.
18A. (1) In an action for damages for personal injuries or the death of a person, the plaintiff may, at any time after the expiry of the period for the delivery of the notice of intention to defend, apply to the court for an order requiring the defendant to make an interim payment in respect of his or her claim for medical costs and loss of income arising from his or her physical disability or the death of a person.
Subject to rule 55 the affidavit in support of the application provided for in subrule (1) shall contain the amount of damages claimed and the grounds for the application, and all documentary proof or certified copies thereof on which the applicant relies shall accompany the affidavit.
Notwithstanding the grant or refusal of an application for an interim payment, further such applications may be brought on good cause shown.
the plaintiff has obtained judgment against the respondent for damages to be determined, the court may, if it deems fit but subject to subrule (5), order the respondent to make an interim payment of such amount as it deems fit, which amount shall not exceed a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff taking into account any contributory negligence, set off or counterclaim.
No order shall be made under subrule (4) unless it appears to the court that the defendant is insured in respect of the plaintiff's claim or that he or she has the means at his or her disposal to enable him or her to make such a payment.
The amount of any interim payment ordered shall be paid in full to the plaintiff unless the court otherwise orders.
Where an application has been made under subrule (1), the court may prescribe the procedure for the further conduct of the action and in particular may order the early trial thereof.
The fact that an order has been made under subrule (4) shall not be pleaded and no disclosure of that fact shall be made to the court at the trial or at the hearing of questions or issues as to the amount of damages until such questions or issues have been determined.
In an action where an interim payment or an order for an interim payment has been made, the action shall not be discontinued or the claim withdrawn without the consent of the court.
a payment be made by any other defendant in respect of any part of the interim payment which the defendant, who made it, is entitled to recover by way of contribution or indemnity or in respect of any remedy or relief relating to the plaintiff's claim.
The provisions of this rule shall apply mutatis mutandis to any claim in reconvention.
Where any pleading is vague and embarrassing or lacks averments which are necessary to sustain an action or defence, as the case may be, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception thereto and may set it down for hearing in terms of rule 55(1)(j): Provided that where a party intends to take an exception that a pleading is vague and embarrassing such party shall within the period allowed as aforesaid by notice afford such party's opponent an opportunity of removing the cause of complaint within 15 days: Provided further that the party excepting shall within 10 days from the date on which a reply to such notice is received or from the date on which such reply is due, deliver the exception.
Where any pleading contains averments which are scandalous, vexatious, or irrelevant, the opposite party may, within the period allowed for filing any subsequent pleading, apply for the striking out of the matter aforesaid, and may set such application down for hearing in terms of rule 55(1)(j), but the court shall not grant the same unless it is satisfied that the applicant will be prejudiced in the conduct of his or her claim or defence if it be not granted.
Wherever an exception is taken to any pleading, the grounds upon which the exception is founded shall be clearly and concisely stated.
Wherever any exception is taken to any pleading or an application to strike out is made, no plea, replication or other pleading over shall be necessary.
(a) A defendant who counterclaims shall, together with such defendant's plea, deliver a claim in reconvention setting out the material facts thereof in accordance with rules 6 and 15 unless the plaintiff agrees, or if plaintiff refuses, the court allows it to be delivered at a later stage.
A claim in reconvention shall be set out either in a separate document or in a portion of the document containing the plea, but headed "Claim in Reconvention", and it shall not be necessary to repeat therein the names or descriptions of the parties to the proceedings in convention.
If the defendant is entitled to take action against any other person and the plaintiff, whether jointly, jointly and severally, separately or in the alternative, the defendant may with the leave of the court proceed in such action by way of a claim in reconvention against the plaintiff and such other persons, in such manner and on such terms as the court may direct.
A defendant who has been given leave to counterclaim as provided for in subrule (2), shall add to the title of such defendant's plea a further title corresponding with what would be the title of any action instituted against the parties against whom such defendant makes claim in reconvention, and all further pleadings in the action shall bear such title, subject to the proviso to rule 6(2).
A defendant may counterclaim conditionally upon the claim or defence in convention failing.
A defendant delivering a claim in reconvention may by notice delivered therewith or within 5 days thereafter apply to the court to pronounce that the claim in reconvention exceeds its jurisdiction and to stay the action under section 47 of the Act.
Where a court finds that the claim in reconvention exceeds its jurisdiction, the defendant may forthwith or by notice delivered within 5 days after such finding apply for stay of the action.
If no application for stay is made or, having been made, has been dismissed, the court shall on the application of the plaintiff or otherwise of its own motion dismiss a claim in reconvention pronounced to exceed its jurisdiction, unless the defendant shall forthwith abandon under section 38 of the Act sufficient of such claim to bring it within the jurisdiction of the court.
If the defendant fails to comply with any of the provisions of this rule, the claim in reconvention shall be deemed to be an irregular step and the other party shall be entitled to act in accordance with rule 60A.
Within 15 days after the service upon plaintiff of a plea and subject to subrule (2), the plaintiff shall where necessary deliver a replication to the plea and a plea to any claim in reconvention, which plea shall comply with rule 17.
No replication or subsequent pleading which would be a mere joinder of issue or bare denial of allegations in the previous pleading shall be necessary, and issue shall be deemed to be joined and pleadings closed in terms of rule 21A(b).
Where a replication or subsequent pleading is necessary, a party may therein join issue on the allegations in the previous pleading.
To such extent as a party has not dealt specifically with the allegations in the plea or such other pleading, such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined.
A plaintiff in reconvention may, subject to the provisions mutatis mutandis of subrule (2), within 10 days after the delivery of the plea in reconvention deliver a replication in reconvention.
shall be designated by the names by which they are customarily known.
Close of pleadings 21A.
the parties are unable to agree as to the close of pleadings, and the court upon the application of a party declares them closed.
The trial of an action shall be subject to the delivery by the plaintiff, after the pleadings have been closed, of notice of trial for a day or days approved by the registrar or clerk of the court: Provided that, if the plaintiff does not within 15 days after the pleadings have been closed deliver notice of trial, the defendant may do so.
The delivery of notice of trial shall ipso facto operate to set down for trial at the same time any claim in reconvention made by the defendant.
Delivery of notice of trial shall be effected at least 20 days before the day so approved.
On receipt of an application for a trial date the registrar or clerk of the court shall draw the court file and take it to the magistrate to enable the magistrate to consider whether a pre-trial conference in terms of section 54 of the Act is necessary: Provided that the trial date shall be allocated within 10 days of receipt of the application for trial date.
given written notice to the plaintiff and the registrar or clerk of the court that he or she does not intend defending the action, but no notice of such request or set down need be served on the defendant.
When an undefended divorce action is postponed the action may be continued before another court notwithstanding that evidence has been given.
(a) Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape, electronic, digital or other forms of recordings relating to any matter in question in such action, whether such matter is one arising between the party requiring discovery and the party required to make discovery or not, which are or have at any time been in the possession or control of such other party.
A notice in terms of paragraph (a) shall not, save with the leave of a magistrate, be given before the close of pleadings.
such documents and tape, electronic, digital or other forms of recordings which he or she or his or her agent had but no longer has in his or her possession at the date of the affidavit.
A document shall be deemed to be sufficiently specified if it is described as being one of a bundle of documents of a specified nature, which have been initialled and consecutively numbered by the deponent.
Statements of witnesses taken for purposes of the proceedings, communications between attorney and client and between attorney and advocate, pleadings, affidavits and notices in the action shall be omitted from the schedules.
If any party believes that there are, in addition to documents or tape, electronic, digital or other forms of recordings disclosed in terms of this rule, other documents, including copies thereof, or tape, electronic, digital or other forms of recordings which may be relevant to any party thereto, the former may give notice to the latter requiring him or her to make the same available for inspection in accordance with subrule (6), or to state an oath within 10 days that such documents are not in his or her possession, in which event he or she shall state their whereabouts, if known to him or her.
A document or tape, electronic, digital or other forms of recording not disclosed as requested in terms of this rule may not, save with the leave of the court granted on such terms as to it may seem meet, be used for any purpose at the trial by the party who was obliged but failed to disclose it, provided that any other party may use such document or tape, electronic, digital or other forms of recording.
Where the Road Accident Fund as defined in the Road Accident Fund Act, 1996 (Act No. 56 of 1996), is a party to any action by virtue of the provisions of that Act, any party thereto may obtain discovery in the manner provided in paragraph (d) against the driver or owner, as defined in that Act, of that vehicle.
Paragraph (a) shall apply mutatis mutandis to the driver of a vehicle owned by a person, state, government or body of persons referred to in the Road Accident Fund Act, 1996.
Where the plaintiff sues as a cessionary, the defendant shall mutatis mutandis have the same rights under this rule against the cedent.
A party requiring discovery in terms of paragraph (a), (b), or (c) shall do so by notice similar to Form 14 of Annexure 1.
or tape, electronic, digital or other form of recording may be inspected at the office of his or her attorney or, if he or she is not represented by an attorney, at some convenient place mentioned in the notice, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade, business or undertaking, at their usual place of custody.
A party receiving a notice similar to Form 15A of Annexure 1 mentioned in subrule (6)(b) shall be entitled at the time therein stated, and for a period of 5 days thereafter during normal business hours and on any one or more of such days, to inspect such document or tape, electronic, digital or other form of recording and to take copies or transcriptions thereof.
A party's failure to produce any such document or tape, electronic, digital or other form of recording required for inspection shall preclude him or her from using it at the trial, save where the court on good cause shown allows otherwise.
If any party fails to give discovery as aforesaid or, having been served with a notice under subrule (6)(a), omits to give notice of a time for inspection as provided for in subrule 6(b) or fails to give inspection as required by that subrule, the party desiring discovery or inspection may apply to a court, which may order compliance with this rule and, failing such compliance, may dismiss the claim or strike out the defence.
specifying such particulars as he or she may have to identify any such document or tape, electronic, digital or other form of recording not in his or her possession, at the same time furnishing the name and address of the person in whose possession such document or tape, electronic, digital or other form of recording is.
Any party proposing to prove any document or tape, electronic, digital or other form of recording at a trial may give notice to any other party requiring him or her within 10 days after the receipt of such notice to admit that such document or tape, electronic, digital or other form of recording was properly executed and is what it purports to be.
If a party receiving a notice under paragraph (a) does not within the said period admit as required, then as against such party the party giving the notice shall be entitled to produce the document or tape, electronic, digital or other form of recording specified at the trial without proof other than proof, if it is disputed, that the document or tape, electronic, digital or other form of recording is the document or tape, electronic, digital or other form of recording referred to in the notice and that the notice was duly given.
If a party receiving a notice under paragraph (a) states that the document or tape, electronic, digital or other form of recording is not admitted as required, it shall be proved by the party giving the notice before he or she is entitled to use it at the trial, but the party not admitting it may be ordered to pay the costs of its proof.
Any party may give to any other party who has made discovery of a document or tape, electronic, digital or other form of recording notice to produce at the hearing the original of such document or tape, electronic, digital or other form of recording, not being a privileged document or tape, electronic, digital or other form of recording, in such party's possession.
A notice under paragraph (a) shall be given not less than 5 days before the hearing but may, if the court so allows, be given during the course of the hearing.
If any notice under paragraph (a) is so given, the party giving the same may require the party to whom notice is given to produce the said document or tape, electronic, digital or other form of recording in court and shall be entitled, without calling any witness, to hand in the said document or object, which shall be receivable in evidence to the same extent as if it had been produced in evidence by the party to whom notice is given.
The court may, during the course of any proceeding, order the production by any party thereto under oath of such document or recording in his or her power or control relating to any matter in question in such proceeding as the court may deem fit, and the court may deal with such document or tape, electronic, digital or other form of recording, when produced, as it deems fit.
Any party to any proceeding may at any time before the hearing thereof deliver a notice similar to Form 15B of Annexure 1 to any other party in whose pleadings or affidavits reference is made to any document or tape, electronic, digital or other form of recording to produce such document or tape, electronic, digital or other form of recording for his or her inspection and to permit him or her to make a copy or transcription thereof.
Any party failing to comply with a notice under paragraph (a) shall not, save with the leave of the court, use the relevant document or tape, electronic, digital or other form of recording in such proceeding provided that any other party may use such document or tape, electronic, digital or other form of recording.
The provisions of this rule relating to discovery shall mutatis mutandis apply, in so far as the court may direct, to applications.
After appearance to defend has been delivered, any party to any action may, for purposes of pleading, require any other party to make available for inspection within 5 days a clearly specified document or tape, electronic, digital or other form of recording in his or her possession which is relevant to a reasonably anticipated issue in the action and to allow a copy or transcription to be made thereof.
For purposes of this rule a tape recording includes a sound track, film, magnetic tape, record or any other material on which visual images, sound or other information can be recorded.
Subject to this rule, any party to proceedings in which damages or compensation in respect of alleged bodily injury is claimed may require any party claiming such damages or compensation whose state of health is relevant to the determination of such damages or compensation to submit to an examination by one or more duly registered medical practitioners.
Any party requiring another party to submit to an examination provided for in subrule (1) shall deliver a notice specifying the nature of the examination required, the person or persons by whom it will be conducted, the place where and the date (being not less than 15 days from the date of such notice) and time it is desired that such examination shall take place and requiring such other party to submit himself or herself for examination at such place, date and time.
A notice referred to in paragraph (a) shall state that the other party may have his or her own medical adviser present at such examination, and shall be accompanied by a remittance in respect of the reasonable expense to be incurred by the other party in attending such examination.
any amount paid by a party in terms of this subrule shall be costs in the cause, unless the court otherwise directs.
in the case of his or her objection being to the amount of the expenses tendered, furnish particulars of such increased amount as he or she may require.
If a party receiving the notice referred to in subrule (2)(a) does not deliver any objection within the period referred to in paragraph (a), he or she shall be deemed to have agreed to the examination upon the terms set forth by the party giving the notice.
If a party receiving an objection is of opinion that the objection or any part thereof is not well-founded he or she may apply to the court to determine the conditions upon which the examination, if any, is to be conducted.
Any party to proceedings referred to in subrule (1), may at any time by notice require any party claiming any damages or compensation so referred to, to make available and to furnish copies thereof on request, in so far as he or she is able to do so, to such first-mentioned party within 15 days any medical report, hospital record, X-ray photograph, or other documentary information of a like nature relevant to the assessment of such damages or compensation.
If it appears from any medical examination carried out either by agreement between the parties or in pursuance of any notice given in terms of this rule or any determination made by the court under subrule (3) that any further medical examination by any other medical practitioner is necessary or desirable for the purpose of obtaining full information on matters relevant to the assessment of such damages or compensation, any party may require a second and final examination in accordance with the provisions of this rule.
If any party claims damages resulting from the death of another person, he or she shall undergo a medical examination as prescribed in this rule if such examination is requested and it is alleged that his or her own state of health is relevant in determining the damages.
thing or having such thing in his or her possession or under his or her control to make it available for inspection or examination and may in such notice require such party to have such thing or a fair sample thereof available for inspection or examination for a period not exceeding 10 days from the receipt of the notice.
A party requested under subrule (6) to submit a thing for inspection or examination may require the party so requesting to specify the nature of the inspection or examination for which such thing is to be submitted, and shall not be bound to submit such thing therefor if he or she will be materially prejudiced by reason of the effect thereof upon such thing.
In the event of any dispute whether a thing should be submitted for inspection or examination, either party may on application to the court state that the inspection or examination has been required and objected to and the court may make such order as it may deem fit.
bear the expense of the carrying out of any such medical examination or inspection or examination and such expense shall form part of such party's costs.
not less than 10 days before the hearing, have delivered a summary of such opinions of such expert and his or her reasons therefor.
No party to an action shall, except with the consent of all the other parties to the action or with the leave of the court, be entitled to tender in evidence any plan, diagram, model or photograph unless he or she shall not less than 10 days before the hearing of the action, have given every such other party notice of his or her intention to do so.
A notice under paragraph (a) shall state that every party receiving it shall be entitled to inspect such plan, diagram, model or photograph and shall require such party, within 5 days of the receipt thereof, to state whether he or she has any objection to such plan, diagram, model or photograph being admitted in evidence without proof.
If a party receiving a notice under paragraph (a) fails within the period specified in the notice to state whether he or she objects to the admission in evidence of the plan, diagram, model or photograph referred to in the notice, such plan, diagram, model or photograph, as the case may be, shall be received in evidence upon its mere production and without further proof thereof.
If a party receiving a notice under paragraph (a) objects to the admission in evidence of such plan, diagram, model or photograph, such plan, diagram, model or photograph, as the case may be, may be proved at the hearing of the action and the party receiving the notice may be ordered to pay the costs of such proof.
The request in writing referred to in section 54 (1) of the Act shall be made in duplicate to the registrar or clerk of the court requesting the court to call a pre-trial conference and shall indicate generally the matters which it is desired should be considered at such conference.
The registrar or clerk of the court shall place a request referred to in subrule (1) before a judicial officer who shall, if he or she decides to call a conference, direct the registrar or clerk of the court to issue the necessary process.
The process for requiring the attendance of parties or their legal representatives at a pre-trial conference shall be by letter signed by the registrar or clerk of the court, together with a copy of the request, if any, referred to in subrule (1), which letter shall be delivered by hand or registered post at least 10 days prior to the date fixed for the said conference.
Any party desiring the attendance of any person to give evidence at a trial, may as of right, without any prior proceeding whatsoever, sue out from the office of the registrar or clerk of the court one or more subpoenas for that purpose, each of which subpoena shall contain the names of not more than four persons, and the service thereof upon any person therein named shall be effected by the sheriff in the manner prescribed by rule 9, and the process of subpoenaing such witness shall correspond substantially to Form 24.
Where the evidence of any person is to be taken on commission before any Commissioner within the Republic, such person may be subpoenaed to appear before such commissioner to give evidence as if at the trial.
In the case of evidence taken on commission, such process shall be sued out by the party desiring the attendance of the witness and shall be issued by the Commissioner.
produce it to the court at the trial.
There shall be handed to the sheriff together with a subpoena so may copies thereof as there are witnesses to be summoned and also the sum of money that the party for whom they are to be summoned considers that the sheriff shall pay or offer to the said witnesses for their conduct money.
The court may set aside service of any subpoena if it appears that the witness was not given reasonable time to enable him or her to appear in pursuance of the subpoena.
Where a summons has not been served or the period limited for delivery of notice of intention to defend has expired and no such notice has been delivered, the plaintiff may withdraw the summons by notice to the registrar or clerk of the court.
Save as provided by subrule (1), a plaintiff or applicant desiring to withdraw an action or application against all or any of the parties thereto shall deliver a notice of withdrawal similar to Form 6 of Annexure 1.
Any party served with notice of withdrawal may within 20 days thereafter apply to the court for an order that the party so withdrawing shall pay the applicant's costs of the action or application withdrawn, together with the costs incurred in so applying: Provided that where the plaintiff or applicant in the notice of withdrawal embodies a consent to pay the costs, such consent shall have the force of an order of court and the registrar or clerk of the court shall tax the costs on the request of the defendant.
Any party may by delivery of notice abandon any specified claim, exception or defence pleaded by him or her and such notice shall be taken into consideration in taxing costs.
If in any proceedings a settlement or an agreement to postpone or withdraw is reached, the attorney for the plaintiff or applicant shall inform the registrar or clerk of the court and other parties to the action by delivering a notice accordingly.
Application may be made to the court by any party at any time after delivery of notice of intention to defend and before judgment to record the terms of any settlement of an action without entry of judgment agreed to by the parties: Provided that if the terms of settlement so provide, the court may make such settlement an order of court.
An application referred to in subrule (6) shall be on notice, except when the application is made in court during the hearing of any proceeding in the action at which the other party is represented or when a written waiver (which may be included in the statement of the terms of settlement) by such other party of notice of the application is produced to the court.
At the hearing of an application referred to in subrule (6) the applicant shall lodge with the court a statement of the terms of settlement signed by all parties to the action and, if no objection thereto be made by any other party, the court shall note that the action has been settled on the terms set out in the statement and thereupon all further proceedings in the action shall, save as provided in subrules (9) and (10), be stayed.
When the terms of a settlement agreement which was recorded in terms of subrule (6) provide for the future fulfilment by any party of stated conditions and such conditions have not been complied with by the party concerned, the other party may at any time on notice to all interested parties apply for the entry of judgment in terms of the settlement.
An application referred to in this subrule shall be on notice to the party alleged to be in default, setting forth particulars of the breach by the respondent of the terms of settlement.
make such order as it may deem fit as to the costs of the application.
The court may, on application by a person desiring to intervene in any proceedings and having an interest therein, grant leave to such person to intervene on such terms as it may deem fit.
The court may, on application by any party to any proceedings, order that another person shall be added either as a plaintiff or applicant or as a defendant or respondent on such terms as it may deem fit.
A plaintiff may join several causes of action in the same action and the court may at the conclusion of the proceedings make such order as to costs as it deems fit.
Where there has been a joinder of causes of action or of parties, the court may on the application of any party at any time order that separate trials be held either in respect of some or all of the causes of action or some or all of the parties; and the court may on such application make such order as it deems fit.
the court may make any order which it deems fit with regard to the further procedure, and may give one judgment disposing of all matters in dispute in the said actions.
any question or issue in the action is substantially the same as a question or issue which has arisen or will arise between such party and the third party, and should properly be determined not only as between any parties to the action but also as between such parties and the third party or between any of them, such party may issue a third party notice, similar to Form 43 of Annexure 1, which notice shall be served by the sheriff.
A third party notice shall state the nature and grounds of the claim of the party issuing the same, the question or issue to be determined, and any relief or remedy claimed.
In so far as the statement of the claim in a third party notice and the question or issue are concerned, the rules with regard to pleadings and to summonses shall mutatis mutandis apply.
A third party notice, accompanied by a copy of all pleadings filed in the action up to the date of service of the notice, shall be served on the third party and a copy of the third party notice, without a copy of the pleadings filed in the action up to the date of service of the notice, shall be filed with the registrar or clerk of the court and served on all other parties before the close of pleadings in the action in connection with which it was issued.
After the close of pleadings, a third party notice may be served only with the leave of the court.
If a third party intends to contest the claim set out in the third party notice he or she shall deliver notice of intention to defend, as if to a summons, and immediately upon receipt of such notice, the party who issued the third party notice shall inform all other parties accordingly.
A third party shall, after service upon him or her of a third party notice, be a party to the action and, if he or she delivers notice of intention to defend, shall be served with all documents and given notice of all matters as a party.
Provided however that the third party shall not be entitled to claim in reconvention against any person other than the party issuing the notice save to the extent that he or she would be entitled to do so in terms of rule 20.
in so far as the third party's plea relates to the plaintiffs claim, the third party shall be regarded as a defendant and the plaintiff shall file pleadings as provided by the said rules.
Where a party to an action has against any other party (whether either such party became a party by virtue of any counter-claim by any person or by virtue of a third party notice or by any other means) a claim referred to in subrule (1), he or she may issue and serve on such other party a third party notice in accordance with the provisions of this rule.
Save that no further notice of intention to defend shall be necessary, the same procedure shall apply as between the parties to a notice referred to in paragraph (a) and they shall be subject to the same rights and duties as if such other party had been served with a third party notice in terms of subrule (1).
Any party who has been joined as such by virtue of a third party notice may at any time make application to the court for the separation of the trial of all or any of the issues arising by virtue of such third party notice and the court may upon such application make such order as it deems fit, including an order for the separate hearing and determination of any issue on condition that its decision on any other issue arising in the action either as between the plaintiff and the defendant or as between any other parties, shall be binding upon the applicant.
Where a court makes a decision with regard to the liability of a defendant and any third party defendant and either of such defendants discharges the obligation to the plaintiff of the full amount or more than its fair share of the amount found to be due by it to the plaintiff, any of such defendants who discharges that obligation may execute against the other defendant for the amount which the court has found that defendant to be liable.
Unless the court shall otherwise order, the trial of an action shall take place at the court-house from which the summons was issued.
to remain in court after his or her evidence has been given until the trial is terminated or adjourned.
The court may, before proceeding to hear evidence, require the parties to state shortly the issues of fact or questions of law which are in dispute and may record the issues so stated.
If, in any pending action, it appears to the court mero motu that there is a question of law or fact which may conveniently be decided either before any evidence is led or separately from any other question, the court may make an order directing the disposal of such question in such manner as it may deem fit and may order that all further proceedings be stayed until such question has been disposed of, and the court shall at the request of any party make such order unless it appears that the questions cannot conveniently be decided separately.
If the question in dispute is a question of law and the parties are agreed upon the facts, the facts may be admitted in court, either viva voce or by written statement, by the parties and recorded by the court and judgment may be given thereon without further evidence.
When questions of law and issues of fact arise in the same case and the court is of opinion that the case may be disposed of upon the questions of law only, the court may require the parties to argue upon those questions only and may give its decision thereon before taking evidence as to the issues of fact and may give final judgment without dealing with the issues of fact.
If on the pleadings the burden of proof is on the plaintiff he or she shall first adduce his or her evidence.
If absolution from the instance is not decreed after the plaintiff has adduced evidence, the defendant shall then adduce his or her evidence.
Where on the pleadings the burden of proof is on the defendant, the defendant shall first adduce his or her evidence, and if necessary the plaintiff shall thereafter adduce his or her evidence.
Where the burden of proving one or more of the issues is on the plaintiff and that of proving others is on the defendant, the plaintiff shall first call his or her evidence on any issues proof whereof is upon him or her, and may then close his or her case, and the defendant shall then call his or her evidence on all the issues.
If the plaintiff has not called any evidence (other than that necessitated by his or her evidence on the issues proof whereof is on him or her) on any issues proof whereof is on the defendant, he or she shall have the right to do so after defendant has closed his or her case, but If he or she has called any such evidence, he or she shall have no such right.
In a case of dispute as to the party upon whom the burden of proof rests, the court shall direct which party shall first adduce evidence.
Any party may, with the leave of the court, adduce further evidence at any time before judgment; but such leave shall not be granted if it appears to the court that such evidence was intentionally withheld out of its proper order.
The court may at any time before judgment, on the application of any party or of its own motion, recall any witness for further examination.
Any witness may be examined by the court as well as by the parties.
After the evidence on behalf of both parties has been adduced the party who first adduced evidence may first address the court and thereafter the other party, and the party who first adduced evidence may reply.
Where the court has authorised the evidence of any witness to be taken on interrogatories, such interrogatories shall be filed within 4 days of the order and cross-interrogatories within 5 days thereafter.
the proceedings of the court generally, including the record of any inspection in loco.
The court shall mark each document put in evidence and note such mark on the record.
The minutes and marks may be made by the registrar or clerk of the court and, save as provided in subrule (4), by the presiding judicial officer.
rulings and judgment of the court and any other portion of the proceedings, may be noted in shorthand (also in this rule referred to as "shorthand notes") either verbatim or in narrative form or recorded by mechanical, electronic or digital means.
'I, , swear/solemnly and sincerely affirm and declare that I will faithfully, accurately and to the best of my ability take down in shorthand or cause to be recorded by mechanical, electronic or digital means, as directed by the judicial officer, the proceedings in any case in which I may be employed thereto as an officer of the court and that I will similarly, when required to do so, transcribe the same or, as far as I am able to do so, any other notes taken by any officer of the court or recorded by mechanical, electronic or digital means.'.
Such oath or affirmation shall be administered in the manner prescribed for the taking of an oath or affirmation.
Shorthand notes taken in terms of this rule shall be certified as correct by the shorthand writer and filed with the record of the case by the registrar or clerk of the court.
Subject to the provisions of subrule (7), no shorthand notes taken in terms of this rule shall be transcribed unless a judicial officer so directs.
The transcript of any shorthand notes transcribed in terms of paragraph (b) shall be certified as correct by the person making it and shall be filed with the record.
In any case in which no transcription was directed in terms of subrule (6) any person may on notice to the registrar or clerk of the court request a transcription of any shorthand note taken by virtue of a direction given under subrule (4) and shall pay, in respect of proceedings made by mechanical, electronic or digital means, the full cost thereof as predetermined by agreement between the contractor concerned and the State for such transcription.
One copy of the transcript of the shorthand notes referred to in paragraph (a) shall be supplied, free of charge, to the person at whose request the transcription was made.
The original copy of the transcript of any shorthand notes referred to in paragraph (a), shall be certified as correct by the person making it and shall be filed with the record of the case.
A sum sufficient to cover the approximate fee payable under paragraph (a) shall be deposited with the registrar or clerk of the court in advance.
Subject to the provisions of subrule (11), any shorthand notes, and any transcript thereof, certified as correct, shall be deemed to be correct and shall form part of the record of the proceedings in question.
Subject to subrule (7) (b), a copy of any transcript made simultaneously with the transcription of proceedings made by mechanical, electronic or digital means may, upon application to the registrar or clerk of the court, be supplied to any person upon payment of the full cost thereof as predetermined by agreement between the contractor concerned and the State, in the case of a copy of a transcript referred to in subrules (6) and (7).
Any reference in this rule to shorthand notes or to a transcription or transcript of such notes, or to a copy of such transcript, or to a person employed for the taking of such notes, or to a person transcribing such notes, shall be construed also as a reference to a record of proceedings made by mechanical, electronic or digital means, to a transcription or transcript of such record, or to a copy of such transcript, to a person employed for the making of such mechanical, electronic or digital record, or to a person transcribing such record, as the case may be.
Any party may, not later than 10 days after judgment, or where the proceedings have been noted in shorthand or by mechanical, electronic or digital means, within 10 days after having been notified by the registrar or clerk of the court that the transcript of the shorthand notes or mechanical, electronic or digital record has been completed, apply to the court to correct any errors in the minutes of such proceedings or in the transcript of such shorthand notes or mechanical, electronic or digital record and the court may then correct any such errors.
If, before the hearing of the application, all parties affected file a consent to the corrections claimed, no costs of such application shall be allowed; otherwise, costs shall be in the discretion of the court.
The trial of an action or the hearing of an application or matter may be adjourned or postponed by consent of the parties or by the court, either on application or request or of its own motion.
Where an adjournment or postponement is made sine die, any party may by delivery of notice of reinstatement set down the action, application or matter for further trial or hearing on a day generally or specially fixed by the registrar or clerk of the court, not earlier than 10 days after delivery of such notice.
Any adjournment or postponement shall be on such terms as to costs and otherwise as the parties may agree to or as the court may order.
If a plaintiff or applicant does not appear at the time appointed for the trial of an action or the hearing of an application, the action or application may be dismissed with costs.
If a defendant or respondent does not so appear, a judgment (not exceeding the relief claimed) may be given against him or her with costs, after consideration of such evidence, either oral or by affidavit, as the court deems necessary.
The withdrawal or dismissal of an action or a decree of absolution from the instance shall not be a defence to any subsequent action, but if a subsequent action is brought for the same or substantially the same cause of action before payment of the costs awarded on such withdrawal, dismissal or decree of absolution, the court may on application, if it deems fit and if the said costs have been taxed and payment thereof has been demanded, order a stay of such subsequent action until such costs shall be paid and that the plaintiff shall pay the costs of such application.
The court in giving judgment or in making any order, including any adjournment or amendment, may award such costs as it deems fit.
may be reserved to be dealt with on the conclusion of the action, but if no order is made, such costs shall be costs in the action.
Unless the court shall for good cause otherwise order, costs of interim orders shall not be taxed until the conclusion of the action, and a party may present only one bill for taxation up to and including the judgment or other conclusion of the action.
Where a judgment or order for costs is made against two or more persons it shall, unless the contrary is stated, have effect against such persons severally as well as jointly.
in relation to proceedings under section 74 and 74A to 74W, inclusive, of the Act and all matters ancillary thereto be that set out in Part III of Table B of the said Annexure.
The scale of fees referred to in paragraph (a) (iii) of this subrule shall also be the scale of fees to be taken between attorney and client in relation to proceedings under section 74 and 74A to 74W, inclusive, of the Act.
In regional court civil matters, including divorce or matrimonial matters, the scale of fees to be taken by attorneys as between party and party shall be that set out in table A of Annexure 2 in addition to the necessary expenses, scale C of Table A of Annexure 2 being applicable: Provided that the applicable scale of fees to be taken by attorneys as between party and party in civil claims whose monetary value falls within the jurisdiction of district courts shall be the one contained in paragraph (a) of this subrule, notwithstanding such claims having been instituted in the regional court.
Save as to appearance in open court without counsel, the fees in subrule (5) shall be allowable whether the work has been done by an attorney or by his or her clerk, but shall, except in the case of the fee referred to in paragraph 13 of the general provisions under Table A of Annexure 2, be allowable only in so far as the work to which such fees have been allocated has in fact and necessarily been done.
the time of the day of the commencement and conclusion of each adjournment on that day.
costs have been reasonably incurred and in respect of which costs there is no specific provision in these rules, award costs on any scale higher than that on which the costs of the action would otherwise be taxable: Provided that the court may give direction as to the manner of taxation of such costs as may be necessary.
order that the determination of such costs be done on taxation by the registrar or clerk of the court.
Where the court is of the opinion that at the hearing the party to whom costs are awarded has occupied time unnecessarily or in relation to matters not relevant to the issue, the court may disallow a proportionate part of the hearing fee payable to his or her attorney or counsel.
The court may in its discretion order that the whole of the costs of an action (including the costs of any claim in reconvention) be paid by the parties in such proportions as it may direct.
Where the court is of the opinion that expense has been unnecessarily incurred because of the successful party's failure to take a course which would have shortened the proceedings and decreased the costs it shall award only such costs as would have been incurred if the successful party had taken such course.
Where costs in convention and reconvention are awarded to different parties, the registrar or clerk of the court shall on taxation subject to any order which has been made by the court, allow each party to submit a bill of costs in respect of all costs and charges incurred in instituting and defending the claim in convention and reconvention, and defending the claim in convention and reconvention, respectively, and then to award the successful parties a proportionate amount of their costs in accordance with the award given by the court.
The costs of issuing any warrant of execution or arrest shall, where they are payable by the party against whom the warrant is issued, be assessed by the registrar or clerk of the court without notice and inserted in the warrant.
The costs payable by the judgment debtor in respect of any proceedings under section 65 or 65A to 65M inclusive, or 72 of the Act shall be inserted by the judgment creditor or his or her attorney on the face or reverse side of any process issued under either of those sections and assessed by the registrar or clerk of the court before issue.
The registrar or clerk of the court may refuse to issue any process under section 65 or 65A to 65M, inclusive, or 72 of the Act in which the costs are not inserted or inserted but not according to tariff.
Where costs or expenses are awarded to any party by the court, otherwise than by a judgment in default of the defendant's delivery of notice of intention to defend or on the defendant's consent to judgment before the time for such notice has expired, the party to whom such costs or expenses have been awarded shall deliver a bill of such costs or expenses and give at least 5 days' notice of taxation for an hour to be fixed (generally or specially) by the registrar or clerk of the court and he or she may include in such bill all such payments as have been necessarily and properly made by him or her.
After subrule (15) has been complied with the registrar or clerk of the court shall tax and allow the relevant costs and expenses: Provided that witness fees shall not be allowed in taxation unless properly vouched for.
Where more than one-fourth of the bill (excluding expenses) is taxed off, the party presenting the bill shall not be allowed any costs of taxation.
Where a party to whom a bill of costs is presented makes a written offer of payment in respect of such costs, and such offer is refused, the party presenting the bill shall not be allowed any costs of taxation if the bill is taxed in an amount which is smaller than the amount of the offer.
Where a bill of costs as between attorney and client is required to be taxed, taxation shall take place on at least 5 days' notice thereof to the attorney or client, whether or not an action therefor is pending: Provided that, notwithstanding the provisions of subrule (3), a bill of costs as between attorney and client may be taxed at any time after termination of the mandate.
Where liability for costs is determined without judgment of the court by virtue of the provisions of these rules or by a settlement recorded in terms of rule 27 (8), such costs shall be taxable by the registrar or clerk of the court as if they had been awarded by the court.
On failure of a party giving notice of taxation to appear at the appointed time for taxation, such bill of costs may be taxed in his or her absence but such party shall not be allowed any costs of taxation.
If a party consents to pay the costs of another party, the registrar or clerk of the court shall, in the absence of an order of the court, tax such costs, as if they had been awarded by the court.
Value added tax may be added to all costs, fees, disbursements and tariffs in respect of which value added tax is chargeable.
The fees and charges to be taken by a sheriff who is an officer of the Public Service shall be those prescribed in Part I of Table C of Annexure 2 and in the case of any other sheriff those prescribed in Part II of the said Table and Annexure.
"You may require this account to be taxed and vouched before payment.".
Any party having an interest may by notice in writing require the fees and charges claimed by or paid to the sheriff to be taxed by the registrar or clerk of the court, and may attend on such taxation.
Upon a taxation referred to in paragraph (a) the sheriff shall vouch to the satisfaction of the registrar or clerk of the court all charges claimed by him or her.
to the interested party concerned if the sheriff's fees or charges are taxed but not passed in full, on the same basis as the fee allowed to the sheriff under subparagraph (i).
the taxation by the registrar or clerk of the court of any fees or charges of the sheriff.
A review in terms of subrule (1) shall be on 10 days' notice to the party entitled to receive or liable to pay such costs and expenses or to the sheriff, as the case may be.
Any party dissatisfied with the decision of the judicial officer as to any item or part of an item which was objected to before the registrar or clerk of the court, may, after notice to the other party, within 10 days of the decision require the judicial officer to state a case for the decision of a judge, which case shall embody all relevant findings of fact by the judicial officer: Provided that, save with the consent of such officer, no case shall be stated where the total of the amounts which he or she has disallowed or allowed, as the case may be, and which the dissatisfied party seeks to have allowed or disallowed, respectively, is less than R1000.
Any party may within 10 days after the judicial officer has stated a case in terms of subrule (3) submit contentions in writing to the judicial officer.
refer the case for decision to the court of appeal.
The judge or the court deciding a matter in terms of subrule (5) may make such order as he or she or it deems fit, including an order that the unsuccessful party shall pay to the opposing party a sum fixed by the judge or the court as costs.
The process for the execution of any judgment for the payment of money, for the delivery of property whether movable or immovable, or for ejectment shall be by warrant issued and signed by the registrar or clerk of the court and addressed to the sheriff.
A process issued under subrule (1) may be sued out by any person in whose favour any such judgment shall have been given, if such judgment is not then satisfied, stayed or suspended.
A process issued under subrule (1) may at any time, on payment of the fees incurred, be withdrawn or suspended by notice to the sheriff by the party who has sued out such process: Provided that a request in writing made from time to time by such party to defer execution of such process for a definite period not being longer than one month shall not be deemed to be a suspension.
Any alteration in a process issued under subrule (1) shall be initialled by the registrar or clerk of the court before it is issued by him or her.
The registrar or clerk of the court shall at the request of a party entitled thereto reissue process issued under subrule (1) without the court having sanctioned the reissue.
Any process issued under subrule (1) shall be invalid if a wrong person is named therein as a party, but no such process shall be invalid merely by reason of the misspelling of any name therein, or of any error as to date.
Except where judgment has been entered by consent or default, process in execution of a judgment shall not be issued without leave of the court applied for at the time of granting the judgment, before the day following that on which the judgment is given.
Where any warrant or emoluments attachment order or garnishee order has been lost or mislaid, the court may on the application of any interested party and after notice to any person affected thereby, authorise the issue of a second or further warrant or emoluments attachment order or garnishee order, as the case may be, on such conditions as the court may determine and may make such order as to costs as it may deem fit.
Notice of an application in terms of subrule (1) shall be on not less than 5 days' notice and shall state the reasons for the application.
"This second or further warrant (describe nature of warrant) of emoluments attachment order or garnishee order (as the case may be) was authorised by the court on and replaces any warrant (describe nature of warrant) or emoluments attachment order or garnishee order (as the case may be) instead of which it is issued or reissued".
"Cancelled. Fresh warrant (describe nature of warrant) or emoluments attachment order or garnishee order (as the case may be) issued in terms of an order of the court dated ".
An endorsement in terms of paragraph (a) shall be signed and dated by the registrar or clerk of the court.
The fact that a second or further warrant or emoluments attachment order or garnishee order has been issued and the date and amount thereof shall be endorsed on the record of the case by the registrar or clerk of the court.
Where the sheriff is in doubt as to the validity of any attachment or contemplated attachment, he or she may require that the party suing out the process in execution shall give security to indemnify him or her.
if moneys are received by the sheriff under any form of execution otherwise than as the proceeds of the sale in execution of property in respect of the attachment of which security has been given in terms of paragraph (a), such moneys shall not be paid to the execution creditor until he or she has given security for the restitution of the full amount received by the sheriff if the attachment be thereafter set aside: Provided that the execution debtor may in writing over his or her signature dispense with the giving of such security.
The prescribed fee for security given under this rule shall without taxation be recoverable as part of the costs of execution.
Any surety bond or other document of security given in terms of this rule may be sued upon by the execution debtor without formal transfer thereof to him.
This rule shall not apply where the party suing out the process in execution or the execution creditor is a Minister, a Deputy Minister or a Provincial Premier, in his or her official capacity, the State or a provincial government.
Unless otherwise ordered by the court, the costs and expenses of issuing a warrant and levying execution shall be a first charge on the proceeds of the property sold in execution and may so far as such proceeds are insufficient be recovered from the execution debtor as costs awarded by the court.
Subject to any hypothec existing prior to attachment, all warrants of execution lodged with any sheriff appointed for a particular area or any other sheriff on or before the day immediately preceding the date of the sale in execution shall rank pro rata in the distribution of the proceeds of the goods sold in execution.
The sheriff conducting a sale in execution shall not less than 10 days prior to the date of sale forward a copy of the notice of sale to all other sheriffs appointed for the area in which he or she has been instructed to conduct a sale in respect of the attached goods.
The sheriff conducting a sale in execution shall accept from all other sheriffs appointed for that area or any other sheriff a certificate listing any attachment that has been made and showing the ranking of creditors in terms of warrants in the possession of those sheriffs.
Withdrawal of attachment shall be effected by note made and signed by the sheriff on the warrant of execution that the attachment is withdrawn, stating the time and date of the making of such note.
creditor, the execution debtor, all other sheriffs appointed for that area or any other sheriff who has submitted a certificate referred to in subrule (2)(c) and to any other person by whom a claim to the property attached has been lodged with him or her: Provided that the property shall not be released from attachment for a period of four months if a certificate referred to in subrule (2)(c) or an unsatisfied warrant of execution lodged under subrule (2) remains in the hands of the sheriff.
If any property attached in execution is claimed by any third party as his or her property or any third party makes any claim to the proceeds of property so attached and sold in execution, the sheriff shall, subject to subrule (5), deal with such matter as provided in rule 44.
Notwithstanding a claim to property referred to in subrule (4) by a third party the sheriff shall attach such property if he or she has not yet done so and the property shall remain under attachment pending the outcome of interpleader proceedings unless sooner released from attachment upon order of the court or otherwise, and rule 41 (7) shall mutatis mutandis apply to property so attached.
On completion of any sale in execution of property, whether movable or immovable, the sheriff shall attach to his or her return a vendue roll showing details of the property sold, the prices realised, and, where known, the names and addresses of the purchasers and an account of the distribution of the proceeds and shall send a copy of such vendue roll to all other sheriffs appointed for that area who have submitted certificates referred to in subrule (2)(c).
Where a warrant of execution has been lodged with the sheriff conducting a sale in execution by any other sheriff referred to in sub-rule (2)(a), the sheriff conducting the sale shall make payment in terms of a distribution account to any sheriff who submitted a certificate referred to in subrule (2)(c) in respect of that sale.
Payment in terms of a distribution account shall only be made after the distribution account has lain for inspection for a period of 15 days after the sheriff who has lodged a warrant of execution with the sheriff who conducted the sale, has received a copy of the distribution account.
No sheriff or person on behalf of the sheriff shall at a sale in execution purchase any of the property offered for sale either for himself or herself or for any other person.
Where a judgment debtor is a partner in a firm and the judgment is against him or her for a separate debt, the court may, after notice to the judgment debtor and to his or her firm, appoint the sheriff as receiver to receive any moneys payable to the judgment debtor in respect of his or her interests in the partnership.
An appointment in terms of subrule (1) shall, until the judgment debt is satisfied, operate as an attachment of the interest of the judgment debtor in the partnership assets and the sheriff so appointed shall notify all other sheriffs appointed for that area of such appointment.
Where a judgment is against a firm, the partnership property shall first be exhausted, so far as it is known to the judgment creditor, before the judgment is executed against the separate property of the partners.
(a) The sheriff shall, upon receiving a warrant directing him or her to levy execution on movable property, repair to the residence, place of employment or business of the execution debtor or to another place pointed out by the execution creditor where movable property is to be attached as soon as circumstances permit, and there demand payment of the judgment debt and costs or else require that so much movable property be pointed out as the said sheriff may deem sufficient to satisfy the warrant, and if such last-mentioned request be complied with the sheriff shall make an inventory and valuation of such property.
If the property pointed out in terms of paragraph (a) is insufficient to satisfy the warrant, the sheriff shall nevertheless proceed to make an inventory and valuation of so much movable property as may be pointed out in part execution of the warrant.
If the execution debtor does not point out any property as required in terms of subrule (1), the sheriff shall immediately make an inventory and valuation of so much of the movable property belonging to the execution debtor as he or she may deem sufficient to satisfy the warrant or of so much of the movable property as may be found in part execution of the warrant.
If on demand the execution debtor pays the judgment debt and costs, or part thereof, the sheriff shall endorse the amount paid and the date of payment on the original and copy of the warrant, which endorsement shall be signed by him or her and counter-signed by the execution debtor or his or her representative.
So far as may be necessary to the execution of any warrant referred to in subrule (1), the sheriff may open any door on any premises, or of any piece of furniture, and if opening is refused or if there is no person there who represents the person against whom such warrant is to be executed, the sheriff may, if necessary, use force to that end.
The sheriff shall exhibit the original warrant of execution and shall hand to the execution debtor or leave on the premises a copy thereof.
As soon as the requirements of this rule have been complied with by the sheriff, the goods inventoried by him or her shall be deemed to be judicially attached.
The sheriff shall hand a copy of an inventory made under this rule, signed by himself or herself to the execution debtor or leave the same on the premises, which copy shall have subjoined thereto a notice of the attachment.
any such specie or documents shall thereupon be sealed and removed to the office of the sheriff where it shall be safely stored.
The execution creditor or his or her attorney shall, where movable property, other than specie or documents, has been attached, after notification of such attachment, instruct the sheriff in writing, whether the property shall be removed to a place of security or left upon the premises in the charge and custody of the execution debtor or in the charge and custody of some other person acting on behalf of the sheriff: Provided that the execution creditor or his or her attorney may, upon satisfying the registrar or clerk of the court, who shall endorse his or her approval on the document containing the instructions, of the desirability of immediate removal upon issue of the warrant of execution, instruct the sheriff in writing, to remove immediately from the possession of the execution debtor all or any of the articles reasonably believed by the execution creditor to be in the possession of the execution debtor.
In the absence of any instruction under paragraph (a), the sheriff shall leave the movable property, other than specie or documents, on the premises and in the possession of the person in whose possession the said movable property is attached.
Where a sheriff is instructed to remove the movable property, he or she shall do so without any avoidable delay, and he or she shall in the mean time leave the same in the charge or custody of some person who shall have the charge or custody in respect of the goods on his or her behalf.
Any person in whose charge or custody movable property which has been attached, has been left, shall not use, let or lend such property, or permit it to be used, let or lent, nor shall he or she in any way do anything which will decrease its value and, if the property attached shall have produced any profit or increase, the custodian shall be responsible for any such profit or increase in like manner as he or she is responsible for the property originally attached.
If a person in whose charge or custody movable property has been left, other than the execution debtor, makes a default in his or her duty he or she shall not be entitled to recover any remuneration for his or her charge and custody.
Unless an order of court is produced to the sheriff requiring him or her to detain any movable property under attachment for such further period as may be stipulated in such order, the sheriff shall, if a sale in respect of such property is not pending, release from attachment any such property which has been detained for a period exceeding four months.
If such order was made on application made ex parte, such order shall not be subject to confirmation.
In the event of a claimant lodging an interpleader claim with the sheriff in accordance with rule 44, the period of four months referred to in paragraph (i) shall be suspended from the date on which the claimant delivers his or her affidavit to the sheriff until the final adjudication of the interpleader claim, including any review or appeal in respect of such interpleader claim.
Any movable property sold in execution of process of the court shall be sold publicly and for cash by the sheriff who removed the goods in terms of subrule (7)(b) or, with the approval of the magistrate, by an auctioneer or other person appointed by the sheriff, to the highest bidder at or as near to the place where the same was attached or to which the same had been so removed as aforesaid as may be advantageous for the sale thereof.
The execution creditor shall, after consultation with the sheriff, prepare a notice of sale and furnish two copies thereof to the sheriff in sufficient time to enable one copy to be affixed not later than 10 days before the day appointed for the sale on the notice board or door of the court-house or other public building in which the said court is held and the other at or as near as may be to the place where the said sale is actually to take place.
If in the opinion of the sheriff the value of the goods attached exceeds R5 000 he or she shall indicate some local or other newspaper circulating in the district and require the execution creditor to publish the notice of sale in that newspaper not later than 10 days before the date appointed for the sale in addition to complying with paragraph (b) and to furnish him or her with a copy of the edition of the paper in which the publication appeared not later than the day preceding the date of sale.
The day appointed for a sale in execution shall be not less than 15 days after attachment: Provided that where the goods attached are of a perishable nature, or with the consent of the execution debtor, the court may, upon application, reduce any period referred to in this subrule or subrule (8) to such extent and on such conditions as it may deem fit.
A sale in execution shall be stopped as soon as sufficient money has been raised to satisfy the said warrant and any warrant referred to in rule 39(2) and the costs of the sale.
Should the sheriff have a balance in hand after satisfaction of the claim of the execution creditor and of all warrants of execution lodged with him or her on or before the day immediately preceding the date of the sale and of all costs he or she shall pay the same to the execution debtor if he or she can be found, otherwise he or she shall pay such balance into court.
The balance paid into court in terms of paragraph (a), if not disposed of before the expiration of three years, shall be paid into the State Revenue Fund after three months' notice of such intention has been given to the persons concerned, whereafter any application for the refund of such balance shall be directed to the State Revenue Fund by a person concerned.
the attachment shall not be valid unless and until the instrument in question is taken possession of by the sheriff and notice has, in the case of a registered lease or bond, been given to the registrar of deeds concerned.
the sheriff may, upon exhibiting the original of such warrant of execution to the pledgee, lessor, lessee, purchaser, seller or such other third person, enter upon the premises where such property is and make an inventory and valuation of the said property.
The method of attachment of property under section 32 of the Act shall mutatis mutandis be the same as that of attachment in execution.
A warrant of execution against immovable property shall contain a full and complete description of the nature and situation (including the address) of the immovable property to enable it to be traced and identified by the sheriff, and shall be accompanied by sufficient information to enable the sheriff to give effect to the provisions of subrule (2).
The mode of attachment of immovable property shall be by notice by the sheriff served in like manner as a summons together with a copy of the warrant of execution upon the execution debtor as owner thereof, upon the registrar of deeds or other officer charged with the registration of such immovable property, upon all registered holders of bonds (other than the execution creditor) registered against the property attached and, if the property is in the occupation of some person other than the execution debtor, also upon such occupier, and upon the local authority in whose area the property is situated.
If the period of attachment is extended as referred to in section 66(5) of the Act, notice of such extension shall be given to the persons referred to in paragraph (a) in the manner referred to in that paragraph.
If the attachment of immovable property lapses in terms of section 66(4) or section 66(5) of the Act, the Sheriff shall notify the persons who are entitled to receive notice in terms of paragraph (a) that such attachment has lapsed.
After the attachment of immovable property the sheriff shall ascertain and record whether the property is subject to any claim preferent to that of the execution creditor and, if that be the case, he or she shall thereupon notify the execution creditor of the existence of any such claim to enable the latter to give notice in terms of section 66(2) of the Act.
The sheriff may by notice, served in like manner as a summons, require the execution debtor to deliver to him or her all documents in his or her possession or under his or her control relating in any way to his or her title to attached immovable property.
Where attached immovable property is situate in a district other than that in which the judgment was given, the party requiring execution shall forward the warrant of execution to a sheriff of the court of the district in which the property is situate, who shall proceed to attach the property in the manner provided in this rule.
The sheriff shall appoint a day and place for the sale of attached immovable property which day shall, except by special leave of the court, be not less than one month after service of the notice of attachment.
The execution creditor shall, after consultation with the sheriff, prepare a notice of sale containing a short description of the attached immovable property and its situation, the date, time and place for the holding of the sale and the material conditions thereof and furnish the sheriff with as many copies of the said notice as he or she may require.
The execution creditor shall publish a notice prepared in terms of paragraph (b) once in a newspaper registered with the Audit Bureau of Circulations of South Africa circulating in the district in which the immovable property is situated and in the Government Gazette not less than 5 days and not more than 15 days before the date of the sale and provide the sheriff, by hand or by facsimile, with one photocopy of each of the notices published in the newspaper and the Government Gazette, respectively, or, in the case of the Government Gazette, the number of the Government Gazette in which the notice was published.
Not less than 10 days prior to the date of the sale in execution of immovable property the sheriff shall forward by registered post a copy of the notice of sale prepared in terms of paragraph (b) to every execution creditor who has lodged a warrant of execution and to every mortgagee in respect of the immovable property whose address is reasonably ascertainable.
Not later than 10 days before the day appointed for a sale in execution of immovable property the sheriff shall affix one copy of the notice of the sale on the notice board or door of the court-house or other public building in which the said court is held and one copy at or as near as may be to the place where the said sale is actually to take place.
The conditions of sale for a sale in execution of immovable property shall be prepared by the execution creditor and shall, inter alia, provide for payment by the purchaser of interest on the purchase price from the date of sale of the property to date of payment of the purchase price.
The execution creditor shall not less than 20 days prior to the appointed date of a sale in execution of immovable property, deliver two copies of the conditions of sale to the sheriff and one copy thereof to each person who may be entitled to notice of the sale.
Any interested party may not less than 15 days prior to the appointed date of a sale in execution of immovable property, upon 24 hours' notice to such other persons as may have received a copy of such conditions of sale and to the execution creditor, apply to a judicial officer for a modification of such conditions of sale and such judicial officer may make such order as he or she may deem fit.
The execution creditor may appoint the conveyancer for the purposes of transfer of immovable property sold in execution.
The execution creditor or any person having an interest in the due and proper realisation of attached immovable property may, by notice given to the sheriff within 15 days after attachment, but subject to the provisions hereinafter contained, require that such property shall be sold by an auctioneer in the ordinary course of business and may in such notice nominate the auctioneer to be employed.
Where a notice in terms of paragraph (a) is given by any person other than the execution creditor, such notice shall be accompanied by the deposit of a sum sufficient to cover the additional expense of sale by an auctioneer in the ordinary course of business, and in default of such a deposit such notice shall be void.
A notice in terms of paragraph (a) shall lapse if in fact the services of an auctioneer are not obtainable.
If after satisfying the claim of the execution creditor and all warrants of execution lodged with the sheriff on or before the day immediately preceding the date of the sale and all costs there are surplus proceeds of such property, such deposit shall be returned to the depositor, but if there is not such a surplus such deposit shall, as far as may be necessary, be applied in payment of the auctioneer's fees and expenses.
If two or more notices in terms of paragraph (a) are given, the first shall have the preference.
A sale in execution of immovable property shall be by public auction without reserve and the property shall, subject to the provisions of section 66(2) of the Act and to the other conditions of sale, be sold to the highest bidder.
A sale in execution of immovable property shall be held at a place deemed fit by the sheriff or, for good cause shown, at such other place as the magistrate may determine.
Where immovable property is situate in a district other than that in which the judgment was given, the sale in execution of the property shall be effected by a sheriff of the court of the district in which it is situate in the manner provided in this rule.
The sheriff shall give transfer of immovable property sold in execution to the purchaser against payment of the purchase money and upon performance of the conditions of sale and may for that purpose do anything necessary to effect registration of transfer, and anything so done by him or her shall be as valid and effectual as if he or she were the owner of the property.
Subject to paragraph (b), all moneys in respect of the purchase price of immovable property sold in execution shall be paid to the sheriff of the court and not to the execution creditor or any other person on his or her behalf, and the sheriff shall retain such moneys in trust until transfer has been given to the purchaser.
The sheriff shall as soon as possible after the sale in execution of immovable property prepare in order of preference as provided in this rule, a plan of distribution of the purchase money received and such plan shall lie in his or her office for inspection of persons having an interest therein for a period of 15 days after the date of sale, unless all such persons inform the sheriff before the expiration of that period in writing that they have no objection to such plan, and a copy thereof shall be lodged with the registrar or clerk of the court and with any other sheriff who submitted a certificate referred to in rule 39(2)(c).
the claims of creditors secured in respect of that property in their legal order of preference.
Any person having an interest in a plan prepared in terms of paragraph (b) and objecting thereto shall, within a period of 10 days after the expiration of the period referred to in paragraph (b), give notice in writing to the sheriff, the registrar or clerk of the court and all other persons having an interest therein of the particulars of his objection and may, if the grounds for his or her objection are not removed within 15 days after the expiration of the first-mentioned period, bring such plan before the court for review.
A review under paragraph (d) shall be on 5 days' notice to the persons mentioned in that paragraph: Provided that if such notice is not given within 20 days after the expiration of the period of 15 days mentioned in that paragraph, the objection will be deemed to be withdrawn.
The court, on review, may hear and determine the matter in dispute in a summary manner and may thereafter amend or confirm the plan of distribution or may make such order as it may deem fit.
the plan has been amended in accordance with an order of the court or has been confirmed on review, such amount shall be paid out by the sheriff or any person authorised thereto by him or her in accordance with the plan of distribution so certified.
Rule 41(11) shall, subject to section 71 of the Act, mutatis mutandis apply to any surplus amount not paid out to an execution debtor under paragraph (g).
The sheriff shall, when notifying the result of the execution in terms of rule 8 (3) (a), also show the disposal of the amount recovered by him or her, and the notification to the registrar or clerk of the court shall be supported by a receipt for every amount paid out by him or her.
43A. (1) Whenever a certified copy of a judgment referred to in section 3(1) of the Enforcement of Foreign Civil Judgments Act, 1988 (Act No. 32 of 1988), is filed with the registrar or clerk of the court in the Republic, such registrar or clerk of the court shall register that judgment by numbering it with a consecutive number for the year during which it is filed and by noting the particulars in respect of the judgment referred to in paragraphs (a), (b) and (c) of the said section on the case cover.
if any amount payable under the judgment is expressed in a currency other than the currency of the Republic, file a certificate issued by a banking institution registered in terms of section 4 of the Banks Act, 1965 (Act No. 23 of 1965), stating the rate of exchange prevailing at the date of the judgment.
A notice issued in terms of section 3(2) of the Enforcement of Foreign Civil Judgments Act, 1988 (Act No.
the name of the court where the judgment was given.
(a) Where any third party (hereinafter in this subrule referred to as the "applicant") has in his or her custody or possession property to which two or more persons (hereinafter in this rule referred to as the "claimants") make adverse claims the applicant may sue out a summons in the form prescribed for that purpose in Annexure 1 calling upon the claimants to appear and state the nature and particulars of their claims and have such claims adjudicated upon.
If the property in question consists of money, the applicant shall when suing out the summons pay the amount thereof into court.
the nature and grounds of his or her claim substantiated by any relevant evidence.
Within 15 days after the date on which the claim is made the sheriff shall notify the execution creditor and all other sheriffs appointed for that area who have submitted certificates referred to in rule 39(2)(c) of the claim.
Simultaneously with the notice referred to in subparagraph (i), the sheriff shall deliver one copy of the claimant's affidavit to the execution creditor and one to the execution debtor.
The execution creditor shall, within 10 days of receipt of notice of the claimant's claim and affidavit, advise the sheriff in writing whether he or she admits or rejects the claimant's claim.
If the execution creditor gives the sheriff notice within the period stated in paragraph (i) that he or she admits the claim, he or she shall not be liable for any costs, fees or expenses afterwards incurred and the sheriff may withdraw from possession of the property claimed.
If the execution creditor gives the sheriff notice that he or she rejects the claim, the sheriff shall within 10 days from date of such notice prepare and issue out a summons in the form prescribed for that purpose in Annexure 1 calling upon the claimant and the execution creditor to appear on the date specified in the summons to have the claim of the claimant adjudicated upon.
The sheriff shall notify all other sheriffs appointed for that area who have submitted certificates referred to in rule 39(2)(c) of the date specified in the summons sued out under paragraph (a) and of the judgment of the court.
The registrar or clerk of the court shall sign and issue the summons.
If any claimant does not appear in pursuance of any summons sued out under this rule or appears but fails or refuses to comply with any order made by the court after his or her appearance, the court may make an order declaring him or her and all persons thereafter claiming under him or her barred from making any claim in respect of the subject matter referred to in the summons against the applicant or the sheriff.
try the matters in dispute in a summary manner.
Where the matters in issue are tried, whether summarily or otherwise, the provisions of rule 29 as to the trial of an action shall mutatis mutandis apply.
The court may, in and for the purposes of any interpleader proceedings, make such order as to any additional expenses of execution occasioned by the claim and as to payment of costs incurred by the applicant or sheriff as it may deem fit.
in the case of property other than money paid into court in terms of paragraph (b), he or she is willing to deal with the property as the court may direct.
A notice referred to in subrule (1) shall state the consequences of failure to appear in court on the date determined for the enquiry.
Any alteration in a notice referred to in subrule (1) or in a warrant of arrest in terms of section 65A(6) of the Act shall be initialled by the judgment creditor or his or her attorney and by the registrar or clerk of the court before issue or reissue.
When a judgment or order referred to in section 65A(1) of the Act has been given in any court other than the court of the district in which the enquiry is held, the registrar or clerk of the court shall not issue the notice until there is lodged with him or her a copy of the judgment or order of such other court duly certified by the registrar or clerk of that court.
When a judgment debtor has been arrested and is brought before a court which is not the court which authorised the warrant of arrest, that registrar or clerk of the court shall open a file, allocate a case number to it and hand it, together with the warrant, to the court.
When the court referred to in paragraph (a) transfers the matter in terms of section 65A(11) of the Act to the court which authorised the warrant, the registrar or clerk of the court shall without delay send the original warrant and certified copies of the minutes of the proceedings and the order to that effect to the court which authorised the warrant.
If the court before which proceedings in terms of section 65A(10)(b) or (11) are pending is not the court which authorised the warrant in terms of section 65A(6), the registrar or clerk of the former court shall by telephone or in writing by facsimile notify the registrar or clerk of the latter court of the appearance of the judgment debtor, director or officer before the former court and shall inform the judgment creditor or his or her attorney by telephone or in writing by facsimile accordingly: Provided that full particulars of telephone calls and proof of transmission of facsimiles shall be filed in the case cover.
The provisions of rule 55 shall apply mutatis mutandis to a request referred to in section 65A(3) of the Act.
his or her offer and the dates of the proposed instalments.
A warrant in terms of section 65A(6) of the Act shall be similar to Form 40A of Annexure 1.
A notice in terms of section 65A(8)(b) of the Act shall be similar to Form 40B of Annexure 1.
When an emoluments attachment order is issued by a judgment creditor out of any court other than the court in which the judgment or order was obtained, a certified copy of the judgment or order against the judgment debtor shall accompany the affidavit or affirmation or certificate referred to in section 65J(2)(b) of the Act.
An emoluments attachment order shall be issued in the form prescribed in Annexure 1, being Form 38, and shall contain sufficient information to enable the garnishee to identify the judgment debtor, including the identity number or work number or date of birth of the judgment debtor.
a debt is at present or in future owing or accruing by or from the garnishee to the judgment debtor and the amount thereof.
Unless an application for a garnishee order is directed to the court which granted the judgment or order referred to in subrule (1)(a), a certified copy of the judgment or order against the judgment debtor shall accompany the affidavit or affirmation or certificate referred to in subrule (1).
Sufficient information including the identity number or work number or date of birth of the judgment debtor shall be furnished in a garnishee order to enable the garnishee to identify the judgment debtor.
Upon an application under this rule the court may require such further evidence as it may deem fit.
Upon an application under this rule the court may order the garnishee to pay to the judgment creditor or his or her attorney so much of the debt at present or in future owing or accruing by or from him or her to the judgment debtor as may be sufficient to satisfy the said judgment, together with the costs of the garnishee proceedings (including the costs of service), or failing such payment to appear before the court on a day to be named in the said order and show cause why he should not pay such debt.
The registrar or clerk of the court shall note upon the face of an order made under subrule (5) the day it was made.
An order made under subrule (5) shall be served upon the garnishee and upon the judgment debtor and shall operate as an attachment of the said debt in the hands of the garnishee.
The judgment debtor and the garnishee may appear on the day fixed for the hearing of the application, but may not question the correctness of the judgment on which the application is based.
If the garnishee does not dispute his or her indebtedness to the judgment debtor, or allege that he or she has a set-off against the judgment debtor or that the debt sought to be attached belongs to or is subject to a claim by some other person, or if he or she shall not appear to show cause as provided in subrule (5), the court may order the garnishee to pay the debt (or such portion of it as the court may determine) to the judgment creditor or his or her attorney on the dates set out in the said order, and should the garnishee make default, execution for the amount so ordered and costs of the said execution may be issued against the garnishee. Rules 36 to 43, inclusive shall mutatis mutandis apply to execution in terms of this subrule.
for the purpose of such trial, the judgment creditor shall be plaintiff and the garnishee defendant, or vice versa.
If the garnishee alleges that the debt belongs to or is subject to a claim by some other person the court may extend the return day and order such other person to appear and state the nature and particulars of his or her claim and either to maintain or relinquish it, and may deal with the matter as if the judgment creditor and such other person were claimants in interpleader in terms of rule 44.
If the judgment debtor alleges that the judgment has been satisfied or is for some other reason not operative against him or her, or that the garnishee is not indebted to him or her, the court may try the issue summarily.
A creditor who, in terms of section 74F(3) of the Act, wishes to object to any debt listed with an administration order or to the manner in which the order commands payments to be made, shall do so within 20 days after the granting of the order has come to his or her notice.
A creditor who, in terms of section 74G(10)(b) of the Act, wishes to object to any debt included in the list of creditors shall, within 15 days after he or she has received a copy of the administration order, notify the administrator in writing of his or her objections and the grounds whereupon his or her objections are based.
In a matter referred to in subrule (2) the administrator shall obtain from the registrar or clerk of the court a suitable day and time for the hearing of the objections by the court and thereupon, in writing, notify the creditor referred to in subrule (2), the debtor and any other involved creditors, of the said day and time.
An administrator may, in terms of section 74L(1)(b) of the Act, before making a distribution referred to in that section detain an amount not exceeding 25 per cent of the amount collected to cover the costs that he or she may have to incur if the debtor is in default or disappears: Provided that the amount in the possession of the administrator for this purpose at any stage shall not exceed the amount of R600.
Should an administrator be an officer employed by the State the remuneration referred to in section 74L of the Act shall accrue to the State.
A party to proceedings in which a default judgment has been given, or any person affected by such judgment, may within 20 days after obtaining knowledge of the judgment serve and file an application to court, on notice to all parties to the proceedings, for a rescission or variation of the judgment and the court may, upon good cause shown, or if it is satisfied that there is good reason to do so, rescind or vary the default judgment on such terms as it deems fit: Provided that the 20 days' period shall not be applicable to a request for rescission or variation of judgment brought in terms of subrule (5).
It will be presumed that the applicant had knowledge of the default judgment 10 days after the date on which it was granted, unless the applicant proves otherwise.
Where an application for rescission of a default judgment is made by a defendant against whom the judgment was granted, who wishes to defend the proceedings, the application must be supported by an affidavit setting out the reasons for the defendant's absence or default and the grounds of the defendant's defence to the claim.
Where an application for rescission of a default judgment is made by a defendant against whom the judgment was granted, who does not wish to defend the proceedings, the applicant must satisfy the court that he or she was not in wilful default and that the judgment was satisfied, or arrangements were made to satisfy the judgment, within a reasonable time after it came to his or her knowledge.
Where a plaintiff in whose favour a default judgment was granted has agreed in writing that the judgment be rescinded or varied, either the plaintiff or the defendant against whom the judgment was granted, or any other person affected by such judgment, may, by notice to all parties to the proceedings, apply to the court for the rescission or variation of the default judgment, which application shall be accompanied by written proof of the plaintiff's consent to the rescission or variation.
An application referred to in paragraph (a) may be made at any time after the plaintiff has agreed in writing to the rescission or variation of the judgment.
Where an application for rescission or variation of a default judgment is made by any person other than an applicant referred to in subrule (3), (4) or (5), the application must be supported by an affidavit setting out the reasons why the applicant seeks rescission or variation of the judgment.
All applications for rescission or variation of judgment other than a default judgment must be brought on notice to all parties, supported by an affidavit setting out the grounds on which the applicant seeks the rescission or variation, and the court may rescind or vary such judgment if it is satisfied that there is good reason to do so.
Where the rescission or variation of a judgment is sought on the ground that it is void ab origine or was obtained by fraud or mistake, the application must be served and filed within one year after the applicant first had knowledge of such voidness, fraud or mistake.
A magistrate who of his or her own accord corrects errors in a judgment in terms of section 36(1)(c) of the Act shall, in writing, advise the parties of the correction.
Where an appeal lies to a magistrate's court it may be noted by delivery of notice within 10 days after the date of the judgment appealed against.
The notice of appeal shall set out concisely and distinctly the grounds of appeal.
The party noting an appeal shall prosecute the same within 20 days after the noting of the appeal.
The hearing of an appeal shall be subject to the delivery by the appellant of notice of set down for a day approved by the registrar or clerk of the court.
A notice of set down referred to in subrule (4) shall be delivered at least 10 days before the day of hearing.
At any time after delivery of notice of appeal but not later than delivery of notice of set-down the appellant shall cause to be filed with the clerk of the court the record, or a duly certified copy thereof, of the proceedings which resulted in the judgment or decision appealed against.
leave to a party to adduce oral evidence at the hearing of an appeal or proceed by way of rehearing either in whole or in part.
The court may in its discretion award to either party the costs incurred in an appeal, which costs shall be taxed on such scale of costs prescribed for actions in the court as the court may direct.
The summons or other initial document issued in a case transferred to a court in terms of rule 39(22) of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa shall stand as summons commencing an action in the court to which such case has been so transferred and shall, subject to any right the defendant may have to except thereto, be deemed to be a valid summons, issued in terms of the rules and any matter done or order given in the court from which such case has been transferred and the case shall thereupon proceed from the appropriate stage following the stage at which it was terminated before such transfer.
Costs incurred in a case before transfer in terms of subrule (9) shall, unless the court otherwise directs, be costs in the cause.
his or her reasons for judgment.
The registrar or clerk of the court shall on receipt from the judicial officer of a judgment in writing supply to the party applying therefor a copy of such judgment and shall endorse on the original minutes of record the date on which the copy of such judgment was so supplied.
An appeal may be noted within 20 days after the date of a judgment appealed against or within 20 days after the registrar or clerk of the court has supplied a copy of the judgment in writing to the party applying therefor, whichever period shall be the longer.
An appeal shall be noted by the delivery of notice, and, unless the court of appeal shall otherwise order, by giving security for the respondent's costs of appeal to the amount of R1000: Provided that no security shall be required from the State or, unless the court of appeal otherwise orders, from a person to whom legal aid is rendered by a statutorily established legal aid board.
Money paid into court under subrule (4) and outstanding for more than three years, may be paid into the State Revenue Fund, after three months' notice of such intention in writing has been given to the parties concerned, whereafter the parties concerned may apply for a refund of the amount paid into the said Fund.
A cross-appeal shall be noted by the delivery of notice within 10 days after the delivery of the notice of appeal.
his or her reasons for any ruling of law or for the admission or rejection of any evidence so specified as appealed against.
A statement referred to in paragraph (a) shall become part of the record.
This rule shall also, so far as may be necessary, apply to a cross-appeal.
A party noting an appeal or a cross-appeal shall prosecute the same within such time as may be prescribed by rule of the court of appeal and, in default of such prosecution, the appeal or cross-appeal shall be deemed to have lapsed, unless the court of appeal shall see fit to make an order to the contrary.
Subject to rule 50 of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa, the registrar or clerk of the court shall, within 15 days after he or she receives notice that an appeal has been set down for hearing, transmit to the registrar of the court of appeal the record in the action duly certified.
A respondent desiring to abandon the whole or any part of a judgment appealed against may do so by the delivery of a notice in writing stating whether he or she abandons the whole, or if part only, what part of such judgment.
Every notice of abandonment in terms of paragraph (a) shall become part of the record.
the grounds of appeal, specifying the findings of fact or rulings of law appealed against.
the memorandum of such agreement with the registrar or the clerk of the court, and such memorandum shall thereupon become part of the record in the action or matter.
(a) A party may institute or defend and may carry to completion any legal proceedings either in person or by a practitioner.
A local authority, company or other incorporated body in doing so may act through an officer thereof nominated by it for that purpose.
A partnership or group of persons associated for a common purpose in doing so may act through a member thereof nominated by it for that purpose.
No person acting under paragraphs (a), (b) or (c) other than a practitioner shall be entitled to recover therefor any costs other than necessary disbursements.
It shall not be necessary for any person to file a power of attorney to act, but the authority of any person acting for a party may be challenged by the other party within 10 days after he or she has noticed that such person is so acting or with the leave of the court for good cause shown at any time before judgement and thereupon such person may not, without the leave of the court, so act further until he or she has satisfied the court that he or she has authority so to act and the court may adjourn the hearing of the action or application to enable him or her to do so: Provided that no power of attorney shall be required to be filed by the State Attorney, any deputy state attorney or any professional assistant to the State Attorney or to a deputy state attorney or any attorney instructed in writing by or on behalf of the State Attorney or a deputy state attorney in any matter in which the State Attorney or a deputy state attorney is acting in his or her capacity as such.
If a party dies or becomes incompetent to continue an action the action shall thereby be stayed until such time as an executor, trustee, guardian or other competent person has been appointed in his or her place or until such incompetence shall cease to exist.
Where an executor, trustee, guardian or other competent person has been appointed for a party who has died or has become incompetent, the court may, on application, order that the person so appointed be substituted in the place of that party.
(a) Any person desiring to sue or defend as a pro Deo litigant may apply to the court on notice to the party to be sued or to the plaintiff, as the case may be, for leave to do so.
The applicant shall deliver with a notice referred to in paragraph (a) an affidavit made by himself or herself setting out fully the grounds of action or of defence on which he or she intends to rely and particulars of his or her means.
The registrar or clerk of the court shall, at the request of an applicant desiring to sue or defend as a pro Deo litigant and on the direction of a judicial officer, write out the relevant notice and affidavit, notwithstanding that the claim or value of the matter in dispute exceeds R100 and no fee shall be payable by the applicant for such assistance.
the registrar or clerk of the court, without charge, write out such process, affidavits, notices and other documents as may be required to comply with these rules.
If a pro Deo litigant succeeds and is awarded costs against his or her opponent he or she shall, subject to taxation, be entitled to include and recover in such costs his or her attorney's costs and also the court fees and sheriff's charges so remitted and if he or she shall recover either the principal amount, the interest or the costs, he or she shall first pay and make good out of that pro rata all such costs, fees and charges.
If the pro Deo litigant does not succeed or recover upon a judgment in his or her favour no fees shall be taken from him or her by the attorney so appointed to act for him or her.
may, on application at any time before judgment by any person affected thereby, be reviewed and rescinded or varied by the court for good cause shown.
Nothing contained in this rule shall prevent the court, at its discretion, from referring a pro Deo litigant or applicant to a convenient legal aid centre or justice centre for assistance at any given time.
refer any such application to an attorney for investigation and report as to the applicant's means and whether he or she has a prima facie right of action or defence, as the case may be.
(a) Any two or more persons claiming or being sued as co-partners may sue or be sued in the name of the firm of which such persons were co-partners at the time of the accruing of the cause of action.
In any case referred to in paragraph (a) any party may by notice require from the party so suing or sued a statement of the names and places of residence of the persons who were at the time of the accruing of the cause of action co-partners in any such firm.
A party receiving a notice in terms of subrule (1)(a) shall, within 10 days after receipt thereof, deliver the statement required.
When the names of the partners are declared, the action shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named in the summons; but all the proceedings shall nevertheless continue in the name of the firm.
Any person carrying on business in a name or style other than his or her own name may sue or be sued in such name or style as if it were a firm name; and so far as the nature of the case will permit, all the provisions of this rule relating to proceedings against firms shall apply.
When action has been instituted by or against a firm or by or against a person carrying on business in a name or style other than his own name or by or against an unincorporated company, syndicate or association in the name of the firm or in such name or style or in the name of the company, syndicate or association, as the case may be, the court may on the application of the other party to the action made at any time either before or after judgment on notice to a person alleged to be a partner in such firm or the person so carrying on business, or a member of such company, syndicate or association, declare such person to be a partner, the person so carrying on business or a member, as the case may be, and on the making of such order the provisions of subrule (3) shall apply as if the name of such person had been declared in a statement delivered as provided in subrule (2).
(a) Every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief.
set forth a day, not less than 5 days after service thereof on the respondent, on or before which such respondent is required to notify the applicant, in writing, whether he or she intends to oppose such application, and state that if no such notification is given the application will be set down for hearing on a stated day, not being less than 10 days after service on the respondent of the notice.
If the respondent does not, on or before the day mentioned for that purpose in a notice of motion, notify the applicant of his or her intention to oppose, the applicant may place the matter on the roll for hearing by giving the registrar or clerk of the court notice of set down 5 days before the day upon which the application is to be heard.
where it intends to raise questions of law only, deliver notice of intention to do so, within the time stated in subparagraph (ii), setting forth such question.
Within 10 days of the service upon him or her of the affidavit and documents referred to in paragraph (g)(ii), the applicant may deliver a replying affidavit.
The court may in its discretion permit the filing of further affidavits.
Where no answering affidavit, or notice in terms of paragraph (g)(iii), is delivered within the period referred to in paragraph (g)(ii) the applicant may within 5 days of the expiry thereof apply to the registrar or clerk of the court to allocate a date for the hearing of the application.
Where an answering affidavit is delivered the applicant may apply for an allocation of the date for the hearing of the application within 5 days of the delivery of his or her replying affidavit or, if no replying affidavit is delivered, within 5 days of the expiry of the period referred to in paragraph (h) and where such notice is delivered the applicant may apply for such allocation within 5 days after delivery of such notice.
If the applicant fails so to apply within the appropriate period provided for in subparagraph (ii), the respondent may do so immediately upon the expiry thereof.
Notice in writing of the date allocated by the registrar or clerk of the court shall be delivered by applicant or respondent, as the case may be, to the opposite party not less than 10 days before the date allocated for the hearing.
Where an application cannot properly be decided on affidavit the court may dismiss the application or make such order as it deems fit with a view to ensuring a just and expeditious decision.
Any party to any application proceedings may bring a counter-application or may join any party to the same extent as would be competent if the party wishing to bring such counter-application or join such party were a defendant in an action and the other parties to the application were parties to such action.
The periods prescribed with regard to applications shall apply mutatis mutandis to counter-applications: Provided that the court may on good cause shown postpone the hearing of the application.
the degree of urgency is so great that it justifies dispensing with notice.
The notice of motion in every application brought ex parte shall be similar to Form 1 of Annexure 1.
Any order made against a party on an ex parte basis shall be of an interim nature and shall call upon the party against whom it is made to appear before the court on a specified return date to show cause why the order should not be confirmed.
Any person against whom an order is granted ex parte may anticipate the return day upon delivery of not less than 24 hours notice.
A copy of any order made ex parte and of the affidavit, if any, on which it was made shall be served on the respondent thereto.
Where cause is shown against any order made ex parte against a party the court may order the applicant or respondent or the deponent to any affidavit on which it was made to attend for examination or cross-examination.
Any order made ex parte may be confirmed, discharged or varied by the court on cause shown by any person affected thereby and on such terms as to costs as the court may deem fit.
Ex parte applications may be heard in chambers.
Interlocutory and other applications incidental to pending proceedings must be brought on notice, supported by affidavits if facts need to be placed before the court, and set down with appropriate notice.
Applications to the court for authority to institute proceedings or directions as to procedure or service of documents may be made ex parte where the giving of notice of such application is not appropriate or not necessary.
A court, if satisfied that a matter is urgent, may make an order dispensing with the forms and service provided for in these rules and may dispose of the matter at such time and place and in accordance with such procedure (which shall as far as practicable be in terms of these rules) as the court deems appropriate.
which the applicant avers render the matter urgent and the reasons why the applicant claims that he or she could not be accorded substantial redress at a hearing in due course.
A person against whom an order was granted in his or her absence in an urgent application may by notice set down the matter for reconsideration of the order.
In any application against any Minister, Deputy Minister, Provincial Premier, officer or servant of the State, in his or her capacity as such, the State or the administration of any province, the respective periods referred to in subrule (1)(e), or for the return of a rule nisi, shall not be less than 15 days after the service of the notice of motion, or the rule nisi, as the case may be, unless the court has specially authorised a shorter period.
The court, after hearing an application, whether brought ex parte or otherwise, may make no order thereon (save as to costs if any) but grant leave to the applicant to renew the application on the same papers supplemented by such further affidavits as the case may require.
The minutes of any order required for service or execution shall be drawn up by the party entitled thereto and shall be approved and signed by the registrar or clerk of the court.
The copies of the minutes referred to in paragraph (a) for record and service shall be made by the party indicated in that paragraph and the copy for record shall be signed by the registrar or clerk of the court.
Rules 41 and 42 shall, in so far as it may be necessary in the execution of an order under this rule, mutatis mutandis apply to such execution.
The court may on application order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client.
The court shall not grant an application referred to in paragraph (a) unless it is satisfied that the applicant will be prejudiced in his or her case if it be not granted.
55A. (1) Any party desiring to amend a pleading or document other than an affidavit, filed in connection with any proceedings, shall notify all other parties of his or her intention to amend and shall furnish the particulars of the amendment.
The notice referred to in subrule (1) shall state that unless written objection to the proposed amendment is delivered within 10 days of delivery of the notice of amendment, the amendment will be effected.
An objection to a proposed amendment shall clearly and concisely state the grounds upon which the objection is founded.
If an objection which complies with subrule (3) is delivered within the period referred to in subrule (2), the party wishing to amend may, within 10 days, lodge an application for leave to amend.
If no objection is delivered as contemplated in subrule (4), every party who received the notice of the proposed amendment shall be deemed to have consented to the amendment and the party who gave notice of the proposed amendment may, within 10 days after the expiration of the period mentioned in subrule (2), effect the amendment as contemplated in subrule (7).
Unless the court otherwise directs, an amendment authorised by an order of the court may not be effected later than 10 days after such authorisation.
Unless the court otherwise directs, a party who is entitled to amend shall effect the amendment by delivering each relevant page in its amended form.
Any party affected by an amendment may, within 15 days after the amendment has been effected or within such period as the court may determine, make any consequential adjustment to the documents filed by him or her, and may also take the steps contemplated in rule 19.
A party giving notice of amendment in terms of subrule (1) shall, unless the court otherwise directs, be liable for the costs thereby occasioned to any other party.
The court may, notwithstanding anything to the contrary in this rule, at any stage before judgment, grant leave to amend any pleading or document on such other terms as to costs or other matters as it deems fit.
Application to the court for an order of arrest tanquam suspectus de fuga, an interdict or attachment or for a mandament van spolie shall be made in terms of rule 55.
Every application referred to in subrule (1) shall be accompanied by an affidavit stating the facts upon which the application is made and the nature of the order applied for.
The court may, before granting an order upon an application referred to in subrule (1), require the applicant to give security for any damages which may be caused by such order and may require such additional evidence as it may think fit.
An order made ex parte for the arrest tanquam suspectus de fuga of a person shall call upon the respondent to show cause against it at a time stated in the order, which shall be the first court day after service.
12 hours' notice to the applicant.
Unless otherwise ordered by a court, an order for the arrest tanquam suspectus de fuga of a person or the attachment of goods shall ipso facto be discharged upon security being given by the respondent to the sheriff for the amount to which the order relates, together with costs.
The security contemplated in subrule (6) may be given to abide the result of the action instituted or to be instituted; and may be assigned by the respondent to part only of the order and shall in that event operate to discharge the order as to that part only.
Any application to the court for an order of attachment of property under section 30bis of the Act may be made ex parte.
An affidavit contemplated in paragraph (a) shall be made by the applicant or, if thereto authorised, by someone on his or her behalf and shall state whether the deponent knows of his or her own knowledge the facts to which he or she deposes: Provided that where the facts are not known to the deponent of his or her own knowledge but are alleged to be true to the best of his or her information and belief, it shall be stated how the information was obtained or on what grounds he or she bases his or her belief.
Any application for an order in regard to service of any process in any action referred to in section 30bis of the Act may be combined with any application for attachment referred to in paragraph (a).
The court may, before granting an order of attachment of property under subrule (2) require the applicant to give security for any damages which may be caused by such order and may, in regard to any application under subrule (2), require such additional evidence as it may deem fit.
Any order of attachment under subrule (2) shall call upon the respondent to show cause at a time and on a date stated in the order why such order should not be confirmed.
The return date for an order of attachment under subrule (2) may be anticipated by the respondent upon 12 hours' notice to the applicant.
Where the respondent appears to show cause against an order of attachment under subrule (2), the court may order the applicant or deponent to the affidavit or the respondent to attend for examination or cross-examination and may confirm, discharge or vary such order on such terms as to costs as it may deem fit.
The minutes of any order referred to in this rule which are required for service or execution shall be prepared by the applicant and approved and signed by the registrar or clerk of the court and shall state that the return date may be anticipated by the respondent upon 12 hours' notice to the applicant and that the applicant may obtain release of his or her property upon security being given as hereinafter provided.
Upon receipt of the minutes of the order and of a copy of the affidavit on which it was made the sheriff shall proceed to attach the property specified therein.
Subject to paragraph (c), the rules relating to the powers and duties of the sheriff in regard to the method of attachment in execution against movable and immovable property shall, in so far as those rules are appropriate and can be applied, mutatis mutandis apply to an attachment of property under this rule.
Subject to any order of the court, the sheriff shall where movable property is attached under this rule, remove such property to a place of security or, if such property be inconvenient to remove, shall leave such property upon the premises in the charge and custody of some person acting on his or her behalf.
Any expense incurred in removing property attached under this rule to a place of security or for the storage of such property or in leaving such property in the charge or custody of some person acting on behalf of the sheriff, shall be borne by the applicant and shall, subject to any order of the court, be costs in the cause.
the terms of the order applied for.
released from attachment.
An order made for the attachment of property under subrule (1) shall ipso facto be discharged upon security being given by the respondent as provided in subrule (7).
interim access to any child.
An applicant for any relief contemplated in subrule (1) shall deliver a sworn statement setting out the relief claimed and the grounds therefor, together with a notice to the respondent which shall substantially correspond with Form 42 of Annexure 1.
A statement and notice contemplated in paragraph (a) shall be signed by the applicant or his or her legal practitioner, and contain an address for service and shall be served by the sheriff.
The respondent shall within 10 court days after receiving a statement and notice contemplated in subrule (2) deliver a sworn reply in the nature of a plea, signed and giving an address for service, in default of which he or she shall be ipso facto barred.
As soon as possible after subrule (3) has been complied with the registrar shall bring the matter before the court for summary hearing, on 10 court days' notice to the parties, unless the respondent is in default.
The court may hear such evidence as is considered necessary and may dismiss the application or make such order as it deems fit to ensure a just and expeditious decision.
The court may, on the same procedure, vary a decision referred to in subrule (5) in the event of a material change taking place in the circumstances of either party or a child, or the contribution towards costs proving inadequate.
No advocate appearing in a case under this rule shall charge a fee of more than R175, 00 if the claim is undefended or R250, 00 if it is defended, unless the court in an exceptional case otherwise directs.
No instructing attorney in cases under this rule shall charge a fee of more than R250, 00 if the claim is undefended or R375, 00 if it is defended, unless the court in an exceptional case otherwise directs.
The court may from time to time frame a list of persons who, having regard to the nature of the business of the court and to their ability and reputation, appear to be qualified and willing to act as assessors under section 34 of the Act upon reasonable notice and upon payment of the fees prescribed in Table D of Annexure 2.
Every person for the time being named in the list of qualified and willing assessors shall be an assessor for the purposes of this rule and shall continue to be an assessor until a new list has been framed or until he or she gives to the registrar or clerk of the court his or her resignation in writing.
Upon receipt of such resignation as an assessor the registrar or clerk of the court shall remove the name of such assessor from the list of qualified and willing assessors.
An assessor summoned to act as such in any action may not, without the leave of the court, resign during the trial of the action.
Nothing in this rule shall prevent the court from summoning, with the consent of all parties to the action, persons not on the list of qualified and willing assessors to act as assessors in any particular action.
The number and names of the assessors to sit in any case shall be decided by consent of the parties or, where they are unable to agree, by the court: Provided that not more than two assessors shall sit in any case.
A party who desires the trial to take place with assessors shall deliver notice of application for assessors, if he or she is the plaintiff, with the notice of trial, and if he or she is the defendant not more than 5 days after receiving notice of trial.
A notice contemplated in paragraph (a) shall contain either a consent by the other party or a notice setting down the application for hearing.
The party who desires a trial to take place with assessors shall, at the time of delivering the notice of application, deposit with the registrar or clerk of the court the amount prescribed in Table D of Annexure 2 for each assessor applied for and shall be liable for any further sum becoming due to the assessors for fees.
The fees and expenses of assessors shall, unless otherwise ordered by the court, be costs in the action.
If an application for a trial to take place with assessors is consented to or granted, the registrar or clerk of the court shall summon the assessors named in the consent or selected by the court by having a summons served upon each of them in the manner provided for the service of a summons commencing an action.
If at the time and place appointed for the trial either of the assessors summoned does not attend, the court may either proceed to try the action with the assistance of the assessor, if any, who is in attendance, or without assistance, if none attended, or may adjourn the trial.
Where a trial is postponed or adjourned due to the absence of an assessor, the party who applied for assessors shall, after the order for postponement or adjournment, pay to the registrar or clerk of the court, in addition to the deposit mentioned in subrule (6), the fees due up to the hour of postponement or adjournment to such assessors as have attended.
Where the payment required under subrule (9) is not made the court may stay the action until it be made or may continue the trial without the assistance of assessors or may make such order as it may deem fit.
Every assessor acting in a case shall be entitled to the fees set out in Table D of Annexure 2.
Except where otherwise provided in these rules, failure to comply with these rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default.
Where any provision of these rules or any request made in pursuance of any such provision has not been fully complied with the court may on application order compliance therewith within a stated time.
Where any order made under subrule (2) is not fully complied with within the time so stated, the court may on application give judgment in the action against the party so in default or may adjourn the application and grant an extension of time for compliance with the order on such terms as to costs and otherwise as may be just.
The court may on an application under subrule (2) or (3) order such stay of proceedings as may be necessary.
Where there has been short service without leave, of any notice of set- down or notice of any application or of process of the court the court may, instead of dismissing such notice or process, adjourn the proceedings for a period equivalent, at the least, to the period of proper notice upon such terms as it may deem fit.
If the proceedings are adjourned in the absence of the party who received short service, due notice of the adjournment must be given to such party by the party responsible for the short service.
Subject to subrule (8) no process or notice shall be invalid by reason of any obvious error in spelling or in figures or of date.
If any party has in fact been misled by any error in any process or notice served upon him or her, the court may on application grant that party such relief as it may deem fit and may for that purpose set aside the process or notice and rescind any default judgment given thereon.
if such consent is refused, then by the court on application and on such terms as to costs and otherwise as it may deem fit.
60A. (1) A party to a cause in which an irregular step has been taken by any other party may apply to court to set it aside.
the application is delivered within 15 days after the expiry of the second period mentioned in sub-rule (2)(b).
If at the hearing of an application in terms of subrule (1) the court is of opinion that the proceeding or step is irregular or improper, it may set it aside in whole or in part, either as against all the parties or as against some of them, and grant leave to amend or make any such order as it deems fit.
Until a party has complied with any order of court made against him or her in terms of this rule, he or she shall not take any further step in the cause, save to apply for an extension of time within which to comply with such order.
Where it is necessary to give in evidence in the court any record, entry or document of the same court in another action, the registrar or clerk of the court shall, on reasonable notice, produce and show the original thereof, and the cost of copies shall not be allowed.
Where it is necessary to give in evidence in another court any record, entry or document of a court, a copy thereof certified by the registrar or clerk of the court may be given in evidence in that other court without production of the original.
A party entitled and desiring to demand security for costs from another shall, as soon as practicable after the commencement of proceedings, deliver a notice setting forth the grounds upon which such security is claimed, and the amount demanded.
If only the amount of security demanded under subrule (1) is contested the registrar or clerk of the court shall determine the amount to be given and his or her decision shall be final.
If a party from whom security is demanded under subrule (1) contests his or her liability to give security or fails or refuses to furnish security in the amount demanded or the amount fixed by the registrar or clerk within 10 days of the demand or the registrar's or clerk's decision, the other party may apply to court on notice for an order that such security be given and that the proceedings be stayed until such order is complied with.
The court may, if security demanded is not given within a reasonable time, dismiss any proceedings instituted or strike out any pleadings filed by the party in default, or make such other order as it deems fit.
Any security for costs shall, unless the court otherwise directs, or the parties otherwise agree, be given in the form, amount and manner directed by the registrar or clerk of the court.
The registrar or clerk of the court may, upon written request of the party in whose favour security is to be provided and on notice to interested parties, increase the amount thereof if he or she is satisfied that the amount originally furnished is no longer sufficient; and his or her decision shall be final.
(a) All documents filed with the court, other than exhibits or facsimiles thereof, shall be clearly and legibly printed or typewritten in permanent black or blue-black ink on one side only of paper of good quality and of A4 standard size.
A document shall be deemed to be typewritten if it is reproduced clearly and legibly on suitable paper by a duplicating, lithographic, photographic or any other method of reproduction.
Stated cases, affidavits, grounds of appeal and the like shall be divided into concise paragraphs which shall be consecutively numbered.
In defended actions or opposed applications the plaintiff or applicant, as the case may be, shall not later than 10 days prior to the hearing of the matter collate, and number consecutively, and suitably secure, all pages of the documents delivered and shall prepare and deliver a complete index thereof.
Every affidavit filed with the registrar or clerk of the court by or on behalf of a respondent shall, if he or she is represented, on the first page thereof bear the name and address of the attorney filing it.
The registrar or clerk of the court may reject any document which does not comply with the requirements of this rule.
Any person, with leave of the registrar or clerk of the court and on good cause shown, may examine and make copies of all documents in a court file at the office of the registrar or clerk of the court.
The process for securing the attendance of any person before the court to give evidence in any criminal case or to produce any books, papers or documents, shall be by subpoena prepared by the party desiring the attendance of that person and issued by the registrar or clerk of the court.
The original subpoena and so many copies thereof as there are witnesses to be subpoenaed, shall be delivered to the sheriff or other person authorised to serve subpoenas in the area where the witness is residing or to the person referred to in section 15(2) or (3) of the Act, as the case may be.
A copy of the subpoena shall be served upon the witness personally or at his or her residence or place of business or employment by delivering it to some person thereat who is apparently not less than 16 years of age and apparently residing or employed thereat.
If the person to be served with a subpoena keeps his residence or place of business closed and thus prevents the service of the subpoena, it shall be sufficient service to affix a copy thereof to the outer or principal door of such residence or place of business.
The person serving a witness subpoena shall, if required by the person upon whom it is served, exhibit to him or her the original.
The person serving a witness subpoena shall make a return of service by endorsing on the original or on a document attached thereto the manner in which the subpoena was served, and the original shall be returned to the registrar or clerk of the court out of whose office it was issued.
The registrar or clerk of the court shall keep a book to be styled the "criminal record book" in which he or she shall daily enter particulars of every criminal case coming before the court on that day.
1977, and the prosecutor subsequently withdraws the charge, it shall not be necessary to again enter particulars of such case in the criminal record book: Provided that if such particulars are not entered in the criminal record book a separate register shall be kept by the registrar or clerk of the court of all warrants issued in terms of the aforesaid sections and at each successive stage he or she shall enter therein particulars of the date of issue of the warrant, the case number, the name of the accused, the date upon which the warrant was forwarded to the police for execution, the fact that the case has been withdrawn and any other particulars that circumstances may require.
The charge sheet in a criminal case or, when the matter comes before the court by way of preparatory examination, the covering sheet, shall, when the matter first comes before the court, be numbered by him or her with a consecutive number for the year and the case shall then be entered in the criminal record book under that number.
any remarks (including the date and effect of any order of the High Court of South Africa varying the verdict or sentence on review or appeal).
The judicial officer presiding at a criminal hearing shall himself or herself record in the criminal record book any sentence imposed or other order of disposal made by him or her including acquittal, or other discharge, postponement of sentence, adjournment, remand to another court or committal for trial.
The plea and explanation or statement, if any, of the accused, the evidence orally given, any exception or objection taken in the course of the proceedings, the rulings and judgment of the court and any other portion of criminal proceedings, may be noted in shorthand (also in this rule referred to as "shorthand notes") either verbatim or in narrative form or recorded by mechanical means.
Every person employed for the taking of shorthand notes in terms of subrule (1) or for the transcription of notes so taken by another person shall be deemed to be an officer of the court and shall before entering on his or her duties in writing take an oath or make an affirmation before a judicial officer as provided in rule 30(5).
Shorthand notes taken in the course of criminal proceedings shall be certified as correct by the shorthand writer and filed with the record of the case by the registrar or clerk of the court.
Subject to the provisions of subrule (4) and rule 67(3), (8) and (10), no such shorthand notes shall be transcribed unless a judicial officer so directs.
The transcript of any shorthand notes transcribed under paragraph (b) shall be certified as correct by the person making such transcript and shall be filed with the record.
In any case in which no transcription was directed in terms of subrule (3), any person may, on notice to the registrar or clerk of the court, request a transcription of any shorthand note taken by virtue of a direction given under subrule (1) and shall, in respect of proceedings made by mechanical means, save in the case of the State, pay the full cost thereof as predetermined by agreement between the contractor concerned and the State for such transcript.
One copy of the transcript of such shorthand notes shall be supplied, free of charge, to the person at whose request the transcription was made.
The original copy of the transcript of any shorthand notes referred to in paragraph (a), shall be certified as correct by the person making such copy and shall be filed with the record of the case.
Subject to the provisions of subrule (6), any shorthand notes and any transcript thereof, certified as correct, shall be deemed to be correct and shall form part of the record of the proceedings in question.
The prosecutor or the accused may, not later than 10 days after judgment or where the proceedings have been taken down in shorthand or by mechanical means, within 10 days after the transcription thereof has been completed, apply to the court to correct any error in the record or the certified transcript thereof and the court may correct any such error.
Subject to subrule (4)(b), a copy of any transcript made simultaneously with the transcription of proceedings made by mechanical means may, upon application to the registrar or clerk of the court be supplied to any person upon payment, save in the case of the State, of the full cost thereof as predetermined by agreement between the contractor concerned and the State, in the case of a copy of a transcript referred to in subrules (3) and (4)(a).
Any reference in this rule to shorthand notes or to a transcription or transcript of such notes or to a copy of such transcript, or to a person employed for the taking of such notes, or to a person transcribing such notes, shall be construed as a reference to a record of proceedings made by mechanical means, to a transcription or transcript of such record, or to a copy of such transcript, to a person employed for the making of such mechanical record, or to a person transcribing such record as the case may be.
Where a magistrate or the court is satisfied that an accused is unable to pay the costs of obtaining a copy of any record or of any transcript thereof or is able to pay only part of such costs, such magistrate or court may, at the request of the accused, direct the registrar or clerk of the court to deliver a copy of such record or transcript to the accused free of charge or at such reduced charge as the magistrate or court may determine.
(a) An appellant, other than a person who applies orally for leave to appeal immediately after the passing of the sentence or order as contemplated in section 309B(3)(b) of the Criminal Procedure Act, 1977 who wishes to apply for leave to appeal in terms of section 309B(1) of that Act, shall do so in writing to the registrar or clerk of the court and shall also send a copy of the application to the director of public prosecutions concerned, or, in a case in which the prosecution was not at the public instance, to the prosecutor concerned.
An appellant who wishes to apply for condonation as contemplated in section 309B(1)(b)(ii) of the Criminal Procedure Act, 1977, or an appellant who wishes to apply for leave to adduce further evidence as contemplated in section 309B(5)(a) of that Act, shall do so in writing to the registrar or clerk of the court and shall also send a copy of the application to the director of public prosecutions concerned, or, in a case in which the prosecution was not at the public instance, to the prosecutor concerned.
Where an application for leave to appeal is made in writing, notice in terms of section 309B(2)(d) of the Criminal Procedure Act, 1977, shall be given by the registrar or clerk of the court at least 10 days before the date fixed for the hearing of the application for leave to appeal, unless the appellant or his or her legal representative and the director of public prosecutions or a person designated by him or her or in a case in which the prosecution was not at the public instance, the other prosecutor concerned have agreed to a shorter period, and shall correspond substantially to Form 57 of Annexure 1.
be sent by registered post.
A legal representative appearing on behalf of an appellant, shall simultaneously with the lodging of the application for leave to appeal lodge a power of attorney authorising him or her to act on behalf of the appellant, or if a legal representative is employed after an application for leave to appeal has been lodged, after such appointment.
An appellant shall state in the application for leave to appeal referred to in subrule (1) a postal address where any notice may be served on him or her by registered post if he or she is not represented by a legal representative or if he or she ceases to be represented by a legal representative.
If the appellant is unable, owing to illiteracy or physical defect, to write out an application for leave to appeal or notice of appeal, the clerk of the court shall, upon his or her request, do so.
his or her reasons for any ruling on any question of law or as to the admission or rejection of evidence so specified as appealed against.
(a) A person contemplated in the first proviso of section 309(1)(a) of the Criminal Procedure Act, 1977, who wishes to appeal against his or her conviction or sentence or order, shall do so in writing to the registrar or clerk of the court and shall also send a copy of such notice of appeal to the director of public prosecutions concerned or in a case in which the prosecution was not at the public instance, to the prosecutor concerned.
The notice of appeal contemplated in paragraph (a) shall set forth clearly and specifically the grounds upon which such person wishes to appeal.
The provisions of subrules (3) to (8) and (14) and (15) shall apply further with any changes required by the context.
The registrar or clerk of the court shall upon receipt of the judicial officer's statement contemplated in subrule (5) forthwith inform the appellant that the statement has been furnished.
Within 15 days after the appellant has been informed in terms of subrule (6), he or she may by notice to the registrar or clerk of the court amend his or her statement of grounds of appeal and the judicial officer may, in his or her discretion, within 10 days thereafter furnish to the registrar or clerk of the court a further or amended statement of his or her findings of fact and reasons for judgment.
When an appeal is noted in a case in which the prosecution was not at the public instance any amended statement provided for in subrule (7) shall be served by the appellant also upon the prosecutor.
A director of public prosecutions or other prosecutor desiring to appeal under section 310 of the Criminal Procedure Act, 1977, against the dismissal of a summons or charge shall, within 20 days after such dismissal, deliver a notice of appeal.
Upon an appeal being noted as provided in subrule (9) the registrar or clerk of the court shall prepare a copy of the record of the case, including a transcript thereof if it was recorded in accordance with the provisions of rule 66(1), and then place the record before the judicial officer who shall within 15 days thereafter furnish to the registrar or clerk of the court a statement in writing of his or her reasons for dismissing the summons or charge.
A director of public prosecutions or other prosecutor who contemplates an appeal under section 310 of the Criminal Procedure Act, 1977, shall, within 20 days after the conclusion of the criminal proceedings, in writing request the judicial officer to state a case.
Upon receipt of the request referred to in subrule (11), the registrar or clerk of the court shall prepare a copy of the record of the case, including a transcript thereof if it was recorded in accordance with the provisions of rule 66(1), and then place the record before the judicial officer who shall within 15 days thereafter furnish a stated case to the registrar or clerk of the court who shall transmit a copy thereof to the director of public prosecutions or other prosecutor, as the case may be.
The director of public prosecutions or other prosecutor may, within 15 days after the receipt by him or her of the stated case, deliver notice of appeal against the decision on questions of law.
Every notice of appeal, statement of grounds of appeal, judicial officer's statement and stated case filed of record with or furnished to the registrar or clerk of the court under this rule shall become part of the record.
or (10) or of the notice of appeal delivered in terms of subrule (13), as the case may be, transmit to the registrar of the court of appeal the record of the criminal proceedings or the stated case, together with three copies thereof.
When the prosecution is at the public instance he or she shall also transmit one such copy to the director of public prosecutions: Provided that if the appellant has not amended his or her statement of grounds of appeal as provided in subrule (7), the registrar or clerk of the court shall so transmit the record without delay after the period allowed for an amendment of the statement of grounds of appeal has lapsed.
the judicial officer's decision on such questions and his or her reasons therefor.
"I, (full name) do hereby swear/truly affirm that whenever I may be called upon to perform the functions of an interpreter in any proceedings in any magistrate's court I shall truly and correctly to the best of my knowledge and ability interpret from the language I may be called upon to interpret into an official language of the Republic of South Africa and vice versa."
Such oath or affirmation shall be taken or made or administered in the manner prescribed for the taking or making or administration of an oath or affirmation.
Subject to the provisions of paragraph (b), the rules published under Government Notice No. R. 1108 of 21 June 1968, as amended by Government Notices Nos. R. 3002of 25 July 1969, R. 490 of 26 March 1970, R. 947 of 2 June 1972, R. 1115 of 25 June 1974, R. 1285 of 19 July 1974, R. 689 of 23 April 1976, R. 261 of 25 February 1977, R. 2221 of 28 October 1977, R. 327 of 24 February 1978, R. 2222 of 10 November1978, R. 1449 of 29 June 1979, R. 1314 of 27 June 1980, R.
R. 1139 of 11 June 1982, R. 1689 of 29 July 1983, R. 1946 of 9 September 1983, R. 1338 of 29 June 1984, R. 1994 of 7 September 1984, R. 2083 of 21 September 1984, R. 391 of 7 March 1986, R. 2165 of 2 October 1987, R.1451 of 22 July 1988, R. 1765 of 26 August 1988, R. 211 of 10 February 1989, R. 607 of 31 March 1989, R. 2629 of 1 December 1989, R. 186 of 2 February 1990, R. 1887 of 8 August 1990, R. 1928 of 10 August 1990, R. 1990 of 17 August 1990, R. 1261 of 30 May 1991, R. 2407 of 27 September 1991, R. 2409 of 30 September 1991, R. 405 of 7 February 1992, R. 1510 of 29 May 1992, R. 1882 of 3 July 1992, R. 871 of 21 May 1993, R. 959 of 28 May 1993, R. 1134 of 25 June 1993, R. 1355 of 30 July 1993, R. 1844 of 1 October 1993, R. 2530 of 31 December 1993, R. 150 of 28 January 1994, R. 180 of 28 January 1994, R. 498 of 11 March 1994, R. 625 of 28 March 1994, R. 710 of 12 April 1994, R. 1062 of 28 June 1996, R. 1130 of 5 July 1996, R. 419 of 14 March 1997, R. 492 of 27 March 1997, R. 570 of 18 April 1997, R. 790 of 6 June 1997, R. 797 of 13 June 1997, R. 784 of 5 June 1998, R. 910 of 3 July 1998, R. 1025 of 7 August 1998, R. 1126 of 4 September 1998, R. 569 of 30 April 1999, R. 501 of 19 May 2000, R. 1087 of 26 October 2001, R. 37 of 18 January 2002, R.38 of 18 January 2002, R. 1299 of 18 October 2002, R. 228 of 20 February 2004, R. 295 of 5 March 2004, R. 880 of 23 July 2004, R. 1294 of 5 December 2008, R. 1341 of 12 December 2008, R. 1342 of 12 December 2008, R. 1344 of 12 December 2008, R. 515 of 8 May 2009, R. 517 of 8 May 2009, R. 499 of 11 June 2010 and R.
of 9 July 2010 are hereby repealed.
For a period of 12 months from the date upon which these rules come into operation the use of the forms contained in the First Annexure to the rules published under Government Notice No. R. 1108 dated 21 June 1968, as amended, and repealed by paragraph (a), may, with the necessary variations as circumstances may require, be continued.
These rules shall be called the Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa and shall commence on a date to be fixed by the Minister.
NUMERICAL LIST Form No.
Notice of Motion (Short Form). 1A. Notice of Motion (Long Form).
Summons. 2A. Summons: Provisional Sentence. 2B. Combined Summons.
Summons commencing action (in which is included an automatic rent interdict).
Edictal citation/substituted service: short form of process.
Request for default judgment. 5A. Request for default judgment where the defendant has admitted liability and undertook to pay the debt in instalments or otherwise - Section 57 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).
1944 (Act No. 32 of 1944).
Notice of withdrawal.
Notice of application for summary judgment.
Affidavit in support of application for summary judgment.
Affidavit under section 32 of the Act.
Security under section 32 of the Act.
Order under section 32 of the Act.
Consent to sale of goods attached under section 32 of the Act.
Discovery - form of affidavit.
Notice in terms of rule 23(5).
Discovery - notice to produce.
15A. Discovery - notice to inspect documents.
15B. Discovery - notice to produce documents in pleadings, etc.
Order for interdict obtained ex parte.
Order for arrest of person suspectus de fuga.
Order for attachment of property to found or confirm jurisdiction.
Direction to attend pre-trial conference.
Order - Pre-trial conference.
Application for trial with assessors.
Summons to assessor.
Commissions de bene esse.
Warrant for payment of fine or arrest of witness in default.
Warrant for the arrest of a witness in default.
Security on arrest, attachment or interdict ex parte.
Security when execution is stayed pending appeal.
Security when execution is allowed pending appeal.
Warrant of ejectment.
Warrant for delivery of goods.
Warrant of execution against property.
Notice of attachment in execution.
Notice to preferent creditor [section 66(2) (a) of the Act].
Interpleader summons [section 69(1) of the Act].
Interpleader summons [section 69(2) of the Act].
Security under rule 38.
Emoluments attachment order.
Notice to appear in court in terms of section 65A(1) of the Act. 40A Warrant of arrest in terms of section 65A(6) of the Act.
Notice to appear in court in terms of section 65A(8) (b) of the Act.
Notice of set-down of postponed proceedings under section 65E(3) of the Act.
Notice in terms of rule 58(2)(a).
Notice to Third Party.
Application for an administration order under section 74(1) of the Act.
Certificate of service of foreign process.
Notice to debtor that an additional creditor has lodged a claim against him or her for a debt owing before the making of the administration order.
Notice to debtor that a creditor has lodged a claim for a debt owing after granting of the administration order.
Notice to add an additional creditor to the list of creditors of a person under administration.
Notice to creditor that his or her name has been added to the list of creditors of a person under administration.
Distribution account in terms of section 74J(5) of the Act. 52A. Rescission of an administration order.
Notice of abandonment of specified claim, exception or defence.
Agreement not to appeal.
Request to inspect record.
Criminal record book.
Notice in terms of section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
annexed hereto will be used in support thereof. Kindly place the matter on the roll for hearing accordingly.
To the Registrar/Clerk of the above-named Court.
(here set forth the form of order prayed) and that the accompanying affidavit of will be used in support thereof.
TAKE NOTICE FURTHER that the applicant has appointed (here set forth an address referred to in rule 55(1)(e)) at which applicant will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if you intend opposing this application you are required (a) to notify applicant or applicant's attorney in writing on or before the (b) and within 10 days after you have so given notice of your intention to oppose the application, to file your answering affidavits, if any; and further that you are required to appoint in such notification an address referred to in rule 55(1)(g) at which you will accept notice and service of all documents in these proceedings.
INFORM A.B., of (state sex and occupation) (hereinafter called the defendant), that C.D.
INFORM the defendant further that if defendant disputes the claim and wishes to defend the action he or she shall within days of the service upon him or her of this summons file with the registrar or clerk of this court at here set out the address of the registrar's office) notice of his or her intention to defend and serve a copy thereof on the plaintiff or plaintiff's attorney, which notice shall give an address referred to in rule 13(3) for the service upon the defendant of all notices and documents in the action.
INFORM the defendant further that if he or she fails to file and serve notice as aforesaid, judgment as claimed may be given against him or her without further notice to him or her.
And immediately thereafter serve on the defendant a copy of this summons and return the same to the registrar or clerk of the court with whatsoever you have done thereupon.
if defendant pays the said claim and costs within the said period judgment will not be given against defendant herein and he or she will save judgment charges.
if defendant admits the claim and wish to consent to judgment or wish to undertake to pay the claim in instalments or otherwise, defendant may approach the plaintiff or plaintiff's attorney.
Any person against whom a court has, in a civil case, given judgment or made any order who has not, within 10 days, satisfied in full such judgment or order may be called upon by notice in terms of section 65A(1) of the Act to appear on a specified date before the court in chambers to enable the court to inquire into the financial position of the judgment debtor and to make such order as the court may deem just and equitable.
the judgment debtor, director or officer has failed to remain in attendance at the proceedings or at the proceedings so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the said judgment debtor, director or officer and to bring him or her before a competent court to enable that court to conduct a financial inquiry.
wilfully fails to remain in attendance at the relevant proceedings or at the proceedings so postponed, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
On appearing before the court on the date determined in the notice in terms of section 65A(1) or (8)(b) of the Act in pursuance of the arrest of the judgment debtor, director or officer under a warrant referred to in section 65A(6) of the Act or on any date to which the proceedings have been postponed, such judgment debtor, director or officer shall be called upon to give evidence on his or her financial position or that of the juristic person and his or her or its ability to pay the judgment debt.
Any person against whom a court has, in a civil case, given any judgment or made any order who has not satisfied in full such judgment or order and paid all costs for which he or she is liable in connection therewith shall, if he or she has changed his or her place of residence, business or employment, within 14 days from the date of every such change notify the clerk or register of the court who gave such judgment or made such order and the judgment creditor or his or her attorney fully and correctly in writing of his or her new place of residence, business or employment, and by his or her failure to do so such judgment debtor shall be guilty of an offence and liable upon conviction to a fine or imprisonment for a period not exceeding three months.
Consent to judgment.
consent to judgment accordingly.
Defendant *(3) Notice of intention to defend.
To the Registrar/Clerk of the Court. Kindly take notice that the defendant hereby notifies his or her intention to defend this action.
Facsimile (fax) number (where available) Electronic mail (e-mail) address (where available) (Give full address for acceptance of service of process or documents within 15 kilometres from the Court-house and also the postal address.
The original notice must be filed with the registrar or clerk of the court and a copy thereof served on the plaintiff or plaintiff's attorney.
If you deny liability for the claim, you shall not later than the day of 20 file an affidavit with the registrar or clerk of this court, and serve a copy thereof on the plaintiff or [his] plaintiff's attorney at the address indicated for service on the summons, which affidavit shall set forth the grounds of your defence to the said claim, and in particular state whether you admit or deny your or your agent's signature which appears on the said and if it is your agent's signature whether you admit or deny the signature or authority of your agent.
You are further informed that in the event of your not paying the amount and interest above-mentioned to the plaintiff immediately and if you further fail to file an affidavit as aforesaid, and to appear before this court at the time above stated, provisional sentence may be granted against you with costs, but that against payment of the said amount, interest and costs, you will be entitled to demand security for the restitution thereof if the said sentence should thereafter be reversed.
if you admit the claim and wish to consent to judgment, you may file with the registrar or clerk of the court an admission of liability signed by yourself and witnessed by your attorney, or otherwise verified by affidavit, and if you wish to undertake to pay the claim in instalments or otherwise, you may approach the plaintiff or plaintiff's attorney.
wilfully fails to remain in attendance at the proceedings or at the proceedings so postponed, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
Kindly take notice that the defendant is liable to the plaintiff as claimed in this summons.
To: THE REGISTRAR/CLERK OF THE COURT Kindly take notice that the defendant denies liability and that defendant's affidavit setting forth the grounds upon which defendant disputes liability is attached hereto.
The original notice and affidavit must be filed with the registrar or clerk of the court and a copy thereof served on the plaintiff or plaintiff's attorney. No.
Defendant To the sheriff or his/her deputy: INFORM A.B., of state sex and occupation) (hereinafter called the defendant), that C.D., of state sex and occupation) hereinafter called the plaintiff), hereby institutes action against defendant in which action the plaintiff claims the relief and on the grounds set out in the particulars annexed hereto.
thereafter, and within 20 days after filing and serving notice of intention to defend as aforesaid, file with the registrar or clerk of the court and serve upon the plaintiff or plaintiff's attorney a plea, exception, notice to strike out, with or without a counter-claim.
INFORM the defendant further that if defendant fails to file and serve notice as aforesaid judgment as claimed may be given against him or her without further notice to him or her, or if, having filed and served such notice, defendant fails to plead, except, make application to strike out or counter-claim, judgment may be given against him or her.
serve on the defendant a copy of this summons and return the same to the registrar or clerk of the court with whatsoever you have done thereupon.
Notice of intention to defend. To the Registrar/Clerk of the Court. Kindly take notice that the defendant hereby notifies his or her intention to defend this action.
(Give full address for acceptance of service of process or documents within fifteen kilometres from the Court-house and also the postal address.
Issued by Case No.
Signature of plaintiff or plaintiff's attorney In the Magistrate's Court for the District/Region ofand Defendant To:.
Registrar/Clerk of the aforesaid Court and also the plaintiff or plaintiff's attorney, at the address specified herein, a notice in writing of your intention to defend this action and answer the claim of the plaintiff herein, particulars whereof are endorsed hereunder.
if you pay the said claim and costs within the said period judgment will not be given against you herein and you will save judgment charges.
if you admit the claim and wish to consent to judgment or wish to undertake to pay the claim in instalments or otherwise, you may approach the plaintiff or plaintiff's attorney.
And further take notice that you, the defendant, and all other persons are hereby interdicted from removing or causing or suffering to be removed any of the furniture or effects in or on the premises described in the particulars of claim endorsed hereon which are subject to the plaintiffs hypothec for rent until an order relative thereto shall have been made by the court.
the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the judgment debtor, director or officer and to bring him or her before a competent court to enable that court to conduct a financial inquiry.
Any person against whom a court has, in a civil case, given any judgment or made any order who has not satisfied in full such judgment or order and paid all costs for which he or she is liable in connection therewith shall, if he or she has changed his or her place of residence, business or employment, within 14 days from the date of every such change notify the registrar or clerk of the court who gave such judgment or made such order and the judgment creditor or his or her attorney fully and correctly in writing of his or her new place of residence, business or employment, and by his or her failure to do so such judgment debtor shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months. [Section 109 of the Act.
Particulars of claim.
for arrears of rent due in respect of the defendant's tenancy of and for confirmation of the interdict appearing in this summons.
I admit that I am liable to the plaintiff as claimed in this summons (or in the amount of R and costs to date) and I consent to judgment accordingly.
(3) Notice of intention to defend.
To the Registrar or Clerk of the Court.
Kindly take notice that the defendant hereby gives notice of defendant's intention to defend this action.
The original notice must be filed with the registrar or clerk of the court and a copy thereof served on the plaintiff or plaintiff's attorney. No.
TAKE NOTICE FURTHER that if you fail to give such notice, judgment may be granted against you without further reference to you.
Registrar/Clerk of the Court No.
the defendant not having entered an appearance to defend, judgment be given against the defendant, as claimed in the summons for R (state particulars if judgment is applied for something less than that claimed in the summons), together with interest at per cent.
No. 5A -Request for Judgment where the defendant has admitted liability and undertook to pay the debt in instalments or otherwise - Section 57 of the Magistrates' Court Act, 1944 (Act No.
plus further interest at per cent per annum as from the date of judgment to the date of payment, and that payment thereof take place in accordance with defendant's offer.
A copy of the letter of demand sent to the defendant in terms of section 56 of the Magistrates' Courts Act, 1944.
The defendant's written acknowledgment of liability towards the plaintiff for the amount of the debt and costs claimed (or for any other amount) and his/her offer.
A copy of the plaintiff's or plaintiff's attorney's written acceptance of the offer.
An affidavit (or affirmation) by the plaintiff/a certificate by the plaintiff's attorney in terms of section 57(2)(c) of the Magistrates' Courts Act, 1944.
Judgment noted on the . day of .. 20 in favour of the plaintiff for the amount of R and the amount of R costs. The defendant is further ordered to pay the said judgment and costs in monthly/weekly instalments of R The first instalment must be paid on or before and thereafter on or before the day of every succeeding month/week until the outstanding balance of the judgment debt and costs has been paid in full.
No. 5B -Request for Judgment where the defendant has consented to judgment - Section 58 of the Magistrates' Court Act, 1944 (Act No.
and that payment thereof takes place in accordance with defendant's consent.
The defendant's written consent to judgment and costs.
Judgment noted on the. day of 20 in favour of the plaintiff for the amount of R and the amount of R costs for which the defendant has consented to judgment.
The defendant is further ordered to pay the said judgment and costs in monthly/weekly instalments of R The first instalment must be paid on or before and thereafter on or before the day of every succeeding month/week until the outstanding balance of the judgment debt and costs has been paid in full.
The plaintiff hereby withdraws the above-mentioned action and consents to pay the defendant's taxed costs.
Take notice that application will be made to the above-mentioned court on the day of ,20 , at (time), for summary judgment against the respondent in this action for R and costs; And further take notice that the document on which the claim is based or the affidavit of (copy served herewith) will be used in support of such application and that respondent may reply thereto by affidavit.
In the Magistrate's Court for the District/Region of held at.
I am the plaintiff in this action (or the facts herein stated are within my own knowledge and I am duly authorised to make this affidavit).
The defendant is indebted to me/to the plaintiff in the sum of R on the grounds stated in the summons.
I verily believe that the defendant has not a bona fide defence to the claim and that appearance has been entered solely for purposes of delay.
The deponent has acknowledged that he/she knows and understands the contents of this affidavit.
Signed and sworn to before me at on this day of.
Office held if appointment is held ex officio. No.
I am the landlord (or the agent of the landlord) of premises situate (describe the premises).
The said rent was demanded from the said on the day of , 20. but has not yet been paid.
I believe that the said is about to remove certain movables, now upon the said premises, from such premises in order to avoid payment of the said rent.
The deponent has acknowledged that he or she knows and understands the contents of this affidavit.
Whereas (landlord) has applied for the issue of an order to attach the movable property upon (describe the leased premises) for the sum of R. for rent due by of (name tenant) and R for costs; Now, therefore, the said and of (name the surety) as surety and co-principal debtor for the said hereby bind themselves jointly and severally that the said and or either of them shall pay to the said ..or whom else it may concern all damages, costs and charges which he or she or they may sustain by reason of the attachment of the said movable property in case the said attachment is set aside.
Signed and dated at this .. day of , 20 in the presence of the undersigned witnesses.
In the Magistrate's Court for the District/Region of held at . Case No of 20 In the matter between.
Respondent It is ordered: That the sheriff of the court do attach so much of the (describe the movables) in the (house, store, as the case may be) situate at (describe the premises) as shall be sufficient to satisfy the sum of R rent and R costs.
Further, should the respondent wish to show cause why the order of attachment should not be confirmed, he shall appear before this court on the . day of 20 , at (time) for that purpose.
The aforesaid date may be anticipated by the respondent upon 12 hours' notice to the applicant.
Upon security being given to the satisfaction of the sheriff of the aforesaid court for the amount of the applicant's claim and the costs of the application for attachment, the aforesaid property shall be released from attachment and upon such security being given the order for attachment shall ipso facto be discharged.
Respondent To the Registrar/Clerk of the Court. I, , of , the above-mentioned respondent, hereby admit that the property attached in the above matter is subject to a hypothec to the above applicant to the extent of R and I consent to the sale of the said property in satisfaction of the said amount of R plus costs and sheriff's charges.
I have in my possession or power the documents or recordings relating to the matters in question in this cause set forth in the first and second parts of the First Schedule hereto.
I object to produce the said documents or recordings set forth in the second part of the said schedule hereto.
I do so for the reason that (here state upon what grounds the objection is made, and verify the fact as far as may be).
I have had, but have not now in my possession or power, the documents or recordings relating to the matters in question in this action, set forth in the Second Schedule hereto.
The last-mentioned documents or recordings were last in my possession or power (state when).
The (here state what has become of the last-mentioned documents and recordings, and in whose possession they are now).
According to the best of my knowledge and belief, I have not now, and never had in my possession, custody, or power, or in the possession, custody or power of my attorney, or agent, or any other person on my behalf, any document or recording, or copy of, or extract from any document or recording, relating to any matters in question in this cause, other than the documents or recordings set forth in the First and Second Schedules hereto.
HELD AT In the matter between: AB And CD Plaintiff Defendant Case No.
In such statement you must specify in detail which documents or recordings are still in your possession. If you no longer have any such documents or recordings which were previously in your possession you must state in whose possession they now are.
If you fail to deliver the statement within the time aforesaid, application will be made to court for an order compelling you to do so and directing you to pay the costs of such application.
TAKE NOTICE that the (plaintiff or defendant) requires you to produce within five days for his or her inspection the following documents or recordings referred to in your affidavit, dated the. day of 20 (Describe documents or recordings required) DATED at this. day of .20 Attorney for . (Address) To: Attorney for the (Address) No.
TAKE NOTICE that you may inspect the documents or recordings mentioned in your notice of the day of .20 , at my office, or at and between the hours of and on the following days.
That the (plaintiff or defendant) objects to giving you inspection of the documents or recordings mentioned in your notice of the day of..
TAKE NOTICE that the plaintiff (or defendant) requires you to produce for his or her inspection the following documents or recordings referred to in your (declaration or plea, or affidavit).
In the Magistrate's Court for the District/Region of held at..
That a rule nisi be and is hereby granted calling upon (respondent) of (address) to show cause to this court on the day of , 20 at (time), or so soon thereafter as the matter can be heard, why shall not be interdicted from set out the acts from which respondent or any other person is restrained) pending the decision of an action to be brought by the applicant against the said (respondent) for (set out the nature of the claim).
That the said action be instituted within days.
That this rule operate as an interim interdict.
In the Magistrate's Court for the District/Region of held at .. Case No .. of 20 In the matter between.
That the sheriff of the court take (respondent) in custody and have him or her before this court on the first court day after service of this order at (time), to show cause why he/she should not be detained to abide the judgment of this court in an action for a sum of R to be instituted against him/her by the applicant.
Upon security being given to the satisfaction of the sheriff of the aforesaid court for the amount of the applicant's claim and the costs of the application for attachment, the aforesaid respondent shall be released from attachment and upon such security being given the order for attachment shall ipso facto be discharged.
That the said action be instituted within 48 hours from the date of this order.
To the Officer-in-Charge of the . Prison.
In terms of section 16 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), you are hereby commanded to take into your custody the body of and keep him/her there safely until the day of 20 or until he/she shall be otherwise legally liberated.
Sheriff of the Court.
In the matter between.
(state full particulars of property and where situate) to found or confirm jurisdiction of the said court in an action by against of (address of respondent) for (set out particulars of claim); And for so doing this shall be your warrant.
Further, should the respondent wish to show cause why the order of attachment should not be confirmed, respondent shall appear before this court on the day of , 20 at (time), for that purpose.
Applicant/Applicant's Attorney Address: Dated at this day of ,20 Sheriff No.
Defendant [Direction in terms of section 54(1) of the Magistrates' Courts Act, 1944 (Act 32 of 1944.)]. To the Plaintiff's Attorney/the Defendant's Attorney.
Registrar/Clerk of the Court.
In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between.
Defendant [Order in terms of section 54(2) of the Magistrates' Courts Act, 1944 (Act 32 of 1944)]. To the Plaintiff's Attorney/the Defendant's Attorney.
To: Plaintiff's Attorney.
To: Defendant's Attorney.
In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between . Plaintiff and Defendant The plaintiff/defendant hereby applies to have the above action tried with assessors.
The defendant/plaintiff consents to such application, but the parties are unable to agree upon the names of assessors.
The defendant/plaintiff objects to such application. Wherefore the plaintiff/defendant has set down this application for hearing on the. day of ,20 at (time) Plaintiff/Defendant or Plaintiff's/Defendant's Attorney To: The Registrar/Clerk of the Court.
Registrar/Clerk of the Court No. 22 -Summons to Assessor In the Magistrate's Court for the District/Region of held at..
You are hereby summoned to attend and serve as an assessor in this court on the day of , 20 at (time), to assist the court . in the above action in accordance with the provisions of section 34 of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
Registrar/Clerk of the Court To:.
Under and by virtue of the authority vested in me by section 53 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), I do hereby commit to you full power and authority as a Commissioner of this court to examine of (and such other witnesses as either of the parties to this suit may desire to call) and to take the evidence on oath of the said witness(es) in the above suit now pending in this court.
Magistrate No. 24 -Subpoena In the Magistrate's Court for the District/Region of held at..
in the above-mentioned action to give evidence or to produce books, papers or documents on behalf of the (Where documents are required to be produced, add:) and to bring with each one of them and then produce to the court the several books, papers or documents specified in the list hereunder.
Defendant To the sheriff and to the officer in charge of the Prison.
And this is to command you, the said officer in charge of the Prison, to receive and safely keep the said as aforesaid.
This is therefore to authorise and require you to arrest the said and bring him or her before this court on the day of 20 at (time), then and there to give evidence and to be otherwise dealt with according to law.
You are hereby commanded to receive the said and to keep him or her safely until such time as he or she shall be removed to have him or her before the court in accordance with the first part of this warrant or until he or she shall be otherwise lawfully discharged.
Now, therefore, the said . binds himself or herself to satisfy any lawful claim by the said against the said.
And of hereby binds himself or_herself as surety for and co-principal debtor with the said in a sum not exceeding the said sum of R for the due fulfilment by the said of the obligation hereby undertaken by him or her.
Whereas the said on the day of , 20 obtained judgment in this court against the said for the sum of R together with a sum of R for costs; And whereas the said has applied to the court for a stay of execution pending appeal/review proceedings and the court has directed that execution be stayed accordingly subject to the said giving security within days; Now, therefore, the said and. of ..as surety and co-principal debtor for the said hereby bind themselves jointly and severally to satisfy the said judgment and any further liability which may arise by way of damages or otherwise by reason of such suspension, so far as such judgment may not be reversed or varied on appeal/review; and further severally (insert any further terms required).
Judgment Debtor Whereas the said on the day of , 20 obtained judgment in this court against the said for the sum of R together with a sum of R for costs; And whereas the said court, notwithstanding that the said has noted an appeal against the judgment, has directed the judgment to be carried into execution upon security being given for restitution; Now, therefore, the said and of as surety and co-principal debtor for the said . hereby bind themselves jointly and severally to refund the above sums of R and R . should the judgment of the said court be reversed and further severally (insert any further terms required).
In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between Plaintiff and Defendant To the Sheriff.
By Order of the Court.
Plaintiff and Defendant To the Sheriff.
And return to this court what you have done by virtue hereof. Dated this day of ,20 , By Order of the Court.
Execution Debtor To the Sheriff. Amounts to be levied (with costs execution) Whereas in this action the said Of on the day of , 20 obtained judgment in the abovementioned court against the said of for the several sums set out in the margin hereof amounting in all to the sum of R , of which R has since been paid; This is therefore to authorize and require you to raise on the property of the said the sum of R together with your costs of this execution and pay to the said the aforesaid sum of R and return to this court what you have done by virtue hereof.
SUBTOTAL Less amount paid since judgment TOTAL DUE Dated at , this day of 20 By Order of the Court.
Note.-(1) If the execution debtor pays the amounts specified in the margin hereof with sheriffs charges of R within half an hour of the entry of the sheriff he or she will not be required to pay any further costs of execution. The amount of any payment made by the execution debtor and the date thereof shall be endorsed on the original and copy hereof, which endorsement shall be signed by the sheriff and countersigned by the execution debtor or execution debtor's representative.
This execution may be paid out before sale, subject to the payment of the sheriff's fees and charges of execution, which may be required to be taxed.
The only immovable property upon which this warrant may be executed is (set out its situation and nature sufficiently to enable it to be identified).
In case of reissue the fact and date of reissue and any increase or reduction in the amounts to be levied shown on the face hereof shall be set out in a note endorsed hereon and signed by the execution creditor or execution creditor's attorney and by the registrar or clerk of the court.
Any alterations made herein shall be initialled by the registrar or clerk of the court before the warrant is issued or reissued by him or her. No. 33 -Notice of Attachment in Execution In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between Execution Creditor and Execution Debtor To: Execution Debtor.
Take notice that I have this day laid under judicial attachment the property comprised in the above inventory in pursuance of a warrant directed to me under the hand of the registrar or clerk of the court for the district or region of , whereby I am required to cause to be raised of your property in this district or region the sum of R and R costs recovered against you by the judgment of the said court in this action and my charges in respect of the said warrant.
Whereas the undermentioned immovable property was laid under judicial attachment by the Sheriff on the day of 20 you are hereby notified that it will be sold in execution in front of the Court-house at on the.
To: (Execution Creditor.
You are hereby summoned to appear before this court on the day of , 20 , at (time), to have it determined and declared whether certain movable property, namely .., attached on the day of , 20 by the sheriff by virtue of a warrant of execution issued by this court on the. day of , 20 , in the action in which you, the said obtained judgment for the sum of R.
the proceeds of property, namely attached on the day of , 20 by the sheriff by virtue of a warrant of execution issued out of this court on the day of , 20 , in the action in which the execution creditor obtained judgment for the sum of R . against of (execution debtor) and which property was sold in execution on the day of , 20 , adjudicated upon.
To the Sheriff of the Court.
Whereas. of has interpleaded in this court as to (state subject matter) which is adversely claimed by of and.
Summon the said claimants that they appear before the above-mentioned court on the day of 20 , at (time), and that they do then severally state the nature and particulars of their several claims and whether they will maintain or relinquish the same.
Registrar/Clerk of the Court. No. 37 -Security under Rule 38 In the Magistrate's Court for the District/Region of held at.
20 in the sum of R. together with the sum of R. for costs; And whereas under the said judgment execution has been issued and property/a debt/emoluments has/have been attached; Now therefore the said execution creditor binds himself or herself to the sheriff of the aforesaid court that if the attachment be hereafter set aside, he or she will satisfy any lawful claim against him or her by the said execution debtor for damages suffered by the said execution debtor by reason of the said attachment; And of binds himself or herself_as surety and co-principal debtor in a sum not exceeding R for the due fulfilment by the said execution creditor of the obligation undertaken by him or her.
NOTE. Where the security is for the repayment of moneys attached by a garnishee order, a similar form should be used, the words 'refund the gross amount paid by the garnishee' being substituted for the words 'satisfy any lawful claim against him or her by the said execution debtor for damages suffered by the said execution debtor by reason of the said attachment'.
YOUR ATTENTION IS DIRECTED to section 65J(3) of the Magistrates' Courts Act, 1944 (read with section 3(1) of the Sheriffs Act, 1986), which provides that only a sheriff may serve this order on a garnishee in the manner prescribed by rule 9 of the Magistrates' Courts Rules. Service of this order by a person who is not a sheriff appointed in terms of section 2 of the Sheriffs Act, 1986, constitutes a criminal offence in terms of section 60(1)(gA) of the Sheriffs Act, 1986, and renders such service invalid and of no effect. A person who is convicted of an offence in terms of section 60(1)(gA) of the Sheriffs Act, 1986, shall be liable to a fine or to imprisonment for a period not exceeding three years or both such fine and such imprisonment.
"If, after the service of such an emoluments attachment order on the garnishee, it is shown that the judgment debtor, after satisfaction of the emoluments attachment order, will not have sufficient means for his or her own and his or her dependants' maintenance, the court shall rescind the emoluments attachment order or amend it in such a way that it will affect only the balance of the emoluments of the judgment debtor over and above such sufficient means.".
That the garnishee pay to the judgment creditor or his or her attorney on the day of each and every month/week after this order has been granted the sum of R of the emoluments of the said judgment debtor until a sufficient amount has been paid to satisfy a judgment or order obtained against the judgment debtor by the judgment creditor in the Court at . on the day of with costs amounting to RDated at this day ofBy Order of the Court, for the amount of R and the costs of attachme , 20 (on which judgment or order the amount of R remains unpaid) nt amounting to R as well as R sheriff's fees.
Judgment Creditor/Attorney for Judgment Creditor.
Address of Judgment Creditor/Attorney for Judgment Creditor.
"Any garnishee may, in respect of the services rendered by him or her in terms of an emoluments attachment order, recover from the judgment creditor a commission of up to 5 per cent of all amounts deducted by him or her from the judgment debtor's emoluments by deducting such commission from the amount payable to the judgment creditor." No.
Address of garnishee.
that the garnishee pay to the judgment creditor or judgment creditor's attorney so much of the debt as may be sufficient to satisfy a judgment or order obtained against the judgment debtor by the judgment creditor in the Court at on the day of 20 for the amount of R (on which judgment or order the amount of R. remains due and unpaid) and the costs of the proceedings of attachment amounting to R as well as R sheriff's fees.
If the garnishee fails to pay the judgment creditor or his or her attorney as aforesaid, he shall appear before this Court on the day ofDated at thisBy Order of the Court, 20 day of at (time) , 20 to show cause why he or she should not pay the same.
No. 40 -Notice to Appear in court in terms of section 65A(1) of the Magistrates' Courts Act, 1944 (Act No.
(If the judgment debtor is a juristic person it must be indicated that the responsible person is summoned in his or her personal capacity and in his or her capacity as the representative of the juristic person.
You are hereby required to appear before abovementioned court on 20 at.
R (b) the order of the said court of.
that you have failed to remain in attendance at the proceedings or at the proceedings so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest you and to bring you before a competent court to enable that court to conduct a financial inquiry.
wilfully fails to remain in attendance at the proceedings or at the proceedings so postponed, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
No. 40A -Warrant of Arrest in terms of section 65A(6) of the Magistrates' Courts Act, 1944 (Act No.
In the Magistrate's Court for the District/Region of held at Case No of 20.
failed to remain present at proceedings in the court at on 20.
and to bring him or her as soon as is reasonably possible before the court within the district in which he or she was arrested. If it is not possible to bring him or her before the said court, he or she may be detained at any police station pending his or her appearance before that court.
Delete that which is not applicable.
No. 40B -Notice to Appear in Court in terms of section 65A(8)(b) of the Magistrates' Courts Act, 1944 (Act No.
Judgment Creditor and Judgment Debtor To:.
into your/the juristic person's financial position in terms of section 65D of the Act. Notice: Should you wilfully fail to appear before the said court on the said date and at the said time, or fail to remain present at the proceedings concerned, you will be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months. [Section 65A(9) of the Act] Dated at this day of 20 Sheriff of CERTIFICATE I, Sheriff/Deputy Sheriff of hereby certify that I have handed the original of this notice to and that I have explained to him or her the import hereof. Sheriff of Duplicate original to the Registrar/Clerk of the Court No.
In the Magistrate's Court for the District/Region of held at . Case No of 20.
Take notice that the proceedings against you, the above-mentioned Judgment Debtor, which were postponed on the day of 20 , in terms of section 65E(1) of the Magistrates' Courts Act, 1944, have again been placed on the roll of the abovementioned Court. You are, therefore, hereby, in terms of section 65E(3) of the said Act, directed to appear before the abovementioned Court on the day of 20 at (time).
TAKE NOTICE that if you intend to defend this claim you must within 10 court days file a reply with the registrar of this court, giving an address for service referred to in Rule 55(1)(g)(i) and serve a copy thereof on the applicant or his or her legal practitioner. Should you not comply with the above, you will then be automatically barred from defending and judgment may be given against you as claimed. Your reply must indicate what allegations in the applicant's statement you admit or deny, and must concisely set out your defence.
DATED at this.
Third Party TO THE ABOVE-NAMED THIRD PARTY: TAKE NOTICE that the above-named plaintiff has commenced proceedings against the above-named defendant for the relief set forth in the summons, a copy of which is herewith served upon you. The above-named defendant claims a contribution or indemnification (or such other grounds as may be sufficient to justify a third-party notice) on the grounds set forth in the annexure hereto. If you dispute those grounds or if you dispute the claim of the plaintiff against the defendant you must give notice of your intention to defend, within days. Such notice must be in writing and filed with the registrar and a copy thereof served on the above-named defendant at the address set out at the foot of this notice. It must give an address referred to in rule 13(3) for the service upon you of notices and documents in the action. Within 20 days of your giving such notice you must file a plea to the plaintiff's claim against the defendant or a plea to the defendant's claim against you, or both such pleas.
No. 44 -Application for an Administration Order -Section 74(1) of the Magistrates' Courts Act, 1944 (Act No.
In the Magistrate's Court for the District/Region of held at Case No of 20 APPLICATION FOR AN ADMINISTRATION ORDER BY . (Full names and surname) To 1.
Take notice that I shall apply to the above-mentioned Court on the day of 20 at (time) to make an order providing for the administration of my estate under the provisions of section 74 of the Magistrates' Courts Act, 1944. A full statement of my affairs confirmed by an affidavit in support of this application is attached. Dated at this day of 20 Applicant.
NOTE.-Section 74A (5) of the Magistrates' Courts Act, 1944, provides that the applicant shall deliver to each of his or her creditors at least 3 days before the date appointed for the hearing, personally or by registered post a copy of this application and statement of affairs (Form 45) on which shall appear the case number under which this application was filed.
No. 45 -Statement of Affairs of Debtor in an Application for an Administration Order - Section 651(2) or 74A of the Magistrates' Courts Act, 1944 (Act No.
Full particulars, supported by statements and copies of the agreements, of goods purchased under hire-purchase agreements in terms of the Hire-Purchase Act, 1942 (Act No. 36 of 1942), or credit agreements in terms of the Credit Agreements Act, 1980 (Act No. 75 of 1980) or the National Credit Act, 2005 (Act No.
Full particulars of assets purchased under a written agreement (excluding an agreement referred to in item 11) which are not paid for in full.
I am the applicant.
A judgment/judgments has/have been obtained against me and I am unable forthwith to pay the amount(s), or to meet my financial obligations.
I have no sufficient assets capable of attachment to satisfy such judgment(s) or obligations.
The total amount of all my debts due does not exceed R50 000.
All particulars contained in this statement and in the list of creditors in the Annexure to this statement, as well as the amounts due to them separately, are, to the best of my knowledge, true and correct and that the statement contains all particulars, assets, income and debts of me and my spouse, including my obligations.
Do you know and understand the contents of the above declaration?
Do you consider the prescribed oath to be binding on your conscience?
I certify that the Deponent has acknowledged that he/she knows and understands the contents of this declaration which was sworn to before me and the Deponent's signature was placed thereon in my presence.
Designation if appointment is held ex officio.
monthly Court Case number If court order is granted in respect of claim, full particulars about.
Attention is directed to the provisions of section 74A (2)(e) of the Magistrates' Courts Act, 1944.
obligations which are payable in future in periodical payments or otherwise or which will become payable under a maintenance order, agreement, stop order or otherwise, and in which the nature of such periodical payments is specified in each case or when the obligations will be payable and how they are then to be paid, the balance owing in each case and when, in each case, the obligation will terminate.
I also certify that the service so proved and the proof thereof are such as are required by the practice and rules of the magistrates' courts.
No. 47 -Notice to Debtor that an Additional Creditor has lodged a claim against him or her for a debt owing before the making of the Administration Order - Section 74G(2) of the Magistrates' Courts Act, 1944 (Act No.
Kindly notify me in writing whether you admit or dispute this claim on or before the day of 20 Please note that if you admit the claim or no reply is received from you on or before the said date, this claim shall be deemed to be proved, subject to the right of any other creditor who has not received notice of the claim to object to the debt, and shall be added to the list of names of your creditors who share pro rata in the payments made by you in terms of the Administration Order.
No. 48 -Notice to Debtor that a Creditor has lodged a claim for a debt owing after granting of the Administration Order - Section 74H(1) of the Magistrates' Courts Act, 1944 (Act No.
Kindly notify me in writing on or before the day of 20 whether you admit or dispute this claim. Please note that if you admit the claim, or no reply is received from you on or before the said date, this claim shall be deemed to be proved, subject to the right of any other creditor who has not received notice of the claim to object to the debt, and shall be added to the list of names of your creditors who share pro rata in the payments made by you in terms of the Administration Order.
No. 49 -Notice to add an Additional Creditor to the list of Creditors of a Person Under Administration - Section 74G(3) and 74H(2) of the Magistrates' Courts Act, 1944 (Act No.
In the Magistrate's Court for the District/Region of Administrator held at.
No. 50 - Notice to Creditor that his or her name has been added to the List of Creditors of a Person Under Administration - Section 74G(3) and 74H(2) of the Magistrates' Court Act, 1944 (Act No.
The above-mentioned Debtor admitted or did not dispute your claim against him/her for the amount of R and your name and the amount due to you have been added to the list of creditors sharing pro rata in payments in terms of the Administration Order. Kindly note that other creditors may still object against the debt so listed. In this event, you will be notified.
A copy of the Administration Order issued against the debtor on the day of 20 in the Magistrate's Court at is attached/has already been received by you.
No. 51 - Administration Order - Section 74(1) of the Magistrates' Courts Act, 1944 (Act No.
for the issue of an Emoluments Attachment Order under section 65J of the Magistrates' Courts Act, 1944, against the Applicant's employer for payment to the Administrator of the said amount on or before the said times until the costs of administration and the creditors have been paid in full.
that the Applicant pays the amount of RFirst payment on or before the day of 20month; (d) weekly/monthly to the Administrator for distribution among the creditors.
NOTE.-In terms of section 74F (1) of the Magistrates' Courts Act, 1944, the Registrar/Clerk of the Court shall hand or send by registered post a copy of this order to the debtor and in terms of section 74F (2) the Administrator shall forward a copy hereof by registered post to each creditor whose name is mentioned in the Debtor's statement of affairs (Form 45) or who has given proof of a debt.
Total amount due to additional creditors listed after granting of Administration Order/since lodging of previous statement.
The names of creditors to whom pro rata amounts were paid by the Administrator during the said period to be inserted here. (The relevant amounts to be completed in column B.
No. 52A - Rescission of Administration Order - Section 74Q of the Magistrates' Courts Act, 1944 (Act No.
Administration Order against hereinafter referred to as the Debtor.
Whereas, after consideration of an application by the Debtor*/an interested party, i.e. *, it appears that good cause exists for the rescission of the Administration Order granted on theAdministration Order is rescinded with effect from the day ofDated at this . day of , 20 day of 20 20.
NOTE.-(1) The Registrar/Clerk of the Court must send a copy of this order by registered post to the Administrator.
The Administrator must deliver personally or send by post a copy of this order to the Debtor and to each creditor and inform the latter of the Debtor's last known address.
Delete which is not applicable. No. 53 -Notice of Abandonment of Specified Claim, Exception or Defence In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between Plaintiff and Defendant.
Take notice that the plaintiff/defendant hereby abandons the undermentioned claim/exception/defence (as the case may be) set up by him or her in his or her summons/plea/reply (as the case may be).
Dated at this day of , 20.
Plaintiff/Plaintiff's Attorney or Defendant/Defendant's Attorney.
In the Magistrate's Court for the District/Region of held at Case No.
Defendant. We, , of , and , of , the above named plaintiff and defendant, respectively, do hereby agree, in terms of section 82 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), that the decision of the Court in the abovementioned action shall be final.
Signature and address.
I, , of , hereby apply to inspect the record of the case between (plaintiff) and (defendant).
(If the applicant is a party to the case or the attorney of such party, his or her capacity should be stated after his or her signature.
Date of Hearing and Case No. Name and Description of Accused.
Crime or Offence Charged.
Verdict and Sentence.
No. 57 - Notice in terms of Section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No.
1977 (Act No. 51 of 1977), has been set down for hearing on (date), at (time) or so soon thereafter as the matter may be heard, in Court No.
Receipt of the above-mentioned notice is hereby acknowledged.
Only to be completed in a case in which the prosecution was not at the public instance.
Table A. Costs.
Part I. General provisions.
Part II. Undefended actions.
Part III. Defended actions.
Part IV. Matters other than those provided for in Table B.
Table B Costs (continued).
Part I. General provisions (proceedings in terms of section 65 of the Act). Tariff.
Part II. General provisions (proceedings in terms of section 72 of the Act). Tariff.
Part III. General provisions (proceedings in terms of section 74 of the Act). Tariff.
Table C General provisions and tariff of fees (Sheriffs of the Court).
Part I. Sheriffs who are officers of the Public Service.
Part II. Sheriffs who are not officers of the Public Service.
Table D. Fees to assessors.
When the amount in dispute is less than or equal to the amount of R7 000, costs shall be taxed on Scale A; when the amount in dispute exceeds the amount of R7 000, but is less than or equal to R50 000, costs shall be taxed on Scale B; when the amount in dispute exceeds R50 000 or when the matter is in respect of a divorce or matrimonial dispute, costs shall be taxed on Scale C.
For the purpose of computing costs, the expression 'amount in dispute' means, where costs are awarded to the plaintiff, the amount or value of the judgment and 'amount or value of the judgment' means, where more than one claim is involved in the action, the total of the amounts involved in the judgment. Where costs are awarded to the defendant, the expression 'amount in dispute' means, the amount or value of the claim, and 'amount or value of the claim' means, where more than one claim is involved in the action, the total of the amounts of all the claims. The amount or value of the judgment or claim shall be inclusive of interest but exclusive of costs. If a matter is settled at any time the costs shall be taxed on the scale laid down in the agreement of settlement.
Where the amount in dispute is not apparent on the face of the proceedings, costs shall, unless the court orders otherwise, be computed at the higher rate.
Costs taxable in terms of rule 33 (19) shall be deemed to have been awarded under a judgment for the amount offered or a judgment in the terms of the settlement, as the case may be.
Claims for ejectment shall be computed at two months' rent of the premises.
The rate at which costs are computed shall not be increased by reason of any claim for confirmation of any interdict or interlocutory order.
Fees to counsel shall be allowed on taxation only in cases falling within Scale B or Scale C or where the court has made an order in terms of rule 33 (8) and shall not be so allowed unless payment thereof is vouched by the signature of counsel.
Where the amount allowed for an item is specified, the amount shall be inclusive of all necessary copies, attendances and services (other than services by the sheriff for the magistrate's court) in connection therewith.
Where any document appears to the court to be unnecessary prolix, the court may disallow the whole or any part of the fee therefor.
Where printed forms of documents to be copied are available, the fees for copying shall be limited to the necessary particulars inserted in such printed forms.
A folio shall consist of 100 written or printed words or figures or part thereof.
Four figures shall be reckoned as one word.
Unless otherwise provided, a charge for perusal shall be allowed at R7, 00 per folio in respect of any document or pleading necessarily perused.
Where a charge is allowed for copying, it shall be allowed at R3, 00 per page, regardless of the number of words, unless otherwise provided.
Where there are more defendants than one R12, 00 shall be added in respect of each additional defendant for each of items 2 and 3 of Part II and items 2 and 7 of Part III.
Where the judgment debt is payable in instalments in terms of the judgment or an agreement, a fee of 10% on each instalment collected in redemption of the capital, costs and interest shall be allowed, subject to a maximum of R300,00 on each instalment. No additional fee shall be charged for any attendance in connection with the receipt or payment of any instalment.
The clerk or registrar of the court shall on taxation disallow any charge unnecessarily incurred.
Where the fee under any item is calculated on a time basis, the total time spent on any one day shall be calculated and the fee for that day calculated on such total.
Any amount necessarily and actually disbursed in tracing the debtor.
Item 7 referred to court for judgment or to obtain provisional sentence on the scale when claim is undefended for defended actions.
Note: The amount of fees allowable under items 4, 5, 6, 7, 8, 9 and 10 shall be included without taxation in the amount of the costs for which judgment is entered.
2. Drawing up of all documents not specifically mentioned, including request for further particulars, schedule of documents, all affidavits, subpoenas, any notice not otherwise provided for and drawing up of statements by witnesses 9. (a) (b) 16. 17. 18. Instructions to sue or defend or to counterclaim or defend a counterclaim, perusal of all documentation and consideration of merits and all necessary consultations to issue summons Summons Appearance Notice under rule 12 (1) (b) and (2) Plea Claim in reconvention Reply, if necessary Production of documents for inspection, or inspecting documents, per quarter of an hour or part thereof of the time spent Each copy of service, per page The recording of statements by witnesses, per quarter of an hour or part thereof Notice of trial or reinstatement Preparing for trial (if counsel not employed) Attendance at settlement negotiations, for each quarter of an hour or part thereof actually spent in such negotiations Attending court during trial, or at an on-the-spot inspection, or at postponement or examination on commission, for each quarter of an hour or part thereof spent in court while the case is actually being heardif counsel not employed if counsel employed Attending pre-trial conference, for each quarter of an hour or part thereof actually spent in such conference Attending court to hear reserved judgment, per quarter of an hour or part thereof Correspondence R394,00 R198 00 R33,00 R33,00 R198,00 R198,00 R198,00 -R117,00 R3,00 R117,00 R33,00 R656,00 R117,00 R117,00 Nil R117,00 R23,00 R525,00 R275,00 R33,00 R33,00 R275,00 R275.
(b) 19. 26. for each necessary letter or telegram, per folio for each letter or telegram received, provided that a fee for perusal shall not be allowed in addition to the fee herein provided for.. Attendances: For each necessary attendance not otherwise provided for, per attendance Necessary formal telephone calls, per call Telephone consultations: For every 5 minutes or part thereof, subject to a maximum of R113,00 per consultation Each necessary consultation, per quarter of an hour or part thereof The court may, on request made at the hearing, allow in addition to the fee prescribed in item 13 above a refresher fee in postponed or partly heard trials Time spent waiting at court (owing to no court being available) per quarter of an hour or part thereof Travelling time [subject to the provisions of rule 33 (9)] per quarter of an hour or part thereof Subsistence and travelling expenses as laid down in rule 33 (9) R19,00 R12,00 R12,00 R12,00 R33,00 R117,00 R408,00 R79,00 R79,00 R19,00 R19,00 R19,00 R19,00 R33,00 R117,00 R578,00 R79,00 R79,00 R23,00 R23,00 R23,00 R23,00 R40,00 R140.
Exceptions, applications to strike out, applications for summary judgment, appearance to obtain provisional sentence when claim is defended, interlocutory applications, arrest, interdict, applications under rule 27(9), applications to review judgment, order or taxation, applications for liquidation of close corporations and applications in terms of section 65J of the Act.
Instructions to make application for liquidation of close corporation, perusal of all documentation and consideration of merits, and all necessary consultations R485,00 R485,00 R581,00 2.
If opposed (if counsel employed), for each quarter of an hour actually spent in court or part thereof Nil R47,00 R56,00 4. Fee for preparing for trial, when opposed, if allowed by the court on request R408,00 R485,00 R581,00 5.
Note: The court may on request made at the hearing allow, as an alternative to the fees prescribed in item 4, a fee for preparing argument under items 13 and 23 of the scale for defended actions.
Drawing up bill of costs: 5% of the fees allowed.
Attending taxation: 5% of the total of the bill allowed.
Attending on review of taxation, for each quarter of an hour or part thereof in court while review is actually being heard .. R117,00 9. Notice of application for review of taxation and service..
Affidavit, where necessary.
For each reissue thereof R33,00 12. Inclusive fee for work done in connection with releasing of immovable property attached R98,00 13. Inclusive fee for work done in connection with sale in execution of immovable property only (excluding work in respect of which fees are already provided for elsewhere and the drawing up of the conditions of sale) R250,00 14.
For all other work done and papers and documents supplied to the sheriff of the magistrate's court in connection with a sale in execution of movable property, an inclusive fee of. R170,00 15.
Instructions for exception or application, where allowed R117,00 17. Instructions on trial R145,00 18.
Note: A fee to counsel on application shall be allowed only where the court certifies that the briefing of counsel was warranted.
With trial brief for the first day, not exceeding R1640,00 23. In any court held more than 30 km from the nearest town where a provincial or local division (other than a Circuit Court) of the High Court sits, a travelling allowance (in addition to the fee on brief) may be allowed by special order of the court at..
Each necessary consultation, per quarter of an hour.. R117,00 25. For every day exceeding one on which evidence is taken or arguments heard, a refresher not exceeding . R985,00 26.
not less than eight days and not more than 21 days prior to the date of hearing: Half of the fee under (i).
The court may on request allow a a higher fee for counsel in regard to items 22, 24, 25 and 26.
A fee for travelling time by counsel shall be allowed at the same rate as for attorneys under rule 33(9).
Obtaining certified copy of judgment R60,00 28. Obtaining payment in terms of rule 18(4) R40,00 29.
Subject to the provisions of paragraph 3, no fees other than those in the Tariff to this Part shall be allowed.
Subject to the provisions of section 65K of the Act, the fees laid down in items (a) , (b) or (c) of the Tariff to this Part, as the case may be, shall be payable for the drawing up of the notice referred to in section 65A (1), including appearance at the inquiry into the judgment debtor's financial position referred to in section 65D, or any appearance at subsequent suspension, amendment or rescission proceedings, and shall, with the exception of the fee allowed under item (m) of the tariff, be chargeable only once for the drawing up, issue and all reissues of the notice and all postponements of the inquiry, irrespective of the number of days on which the proceedings are heard in court: Provided that where the debtor leaves the area of jurisdiction of the court after issue of the notice referred to in section 65A (1) and the notice is reissued in any other district, the aforesaid fee may also be charged in such other district if the court so orders.
All necessary disbursements incurred in connection with the proceedings.
amount of R300, 00 on every instalment. Where the amount is payable in instalments the collection fees shall be recoverable only on payment of every instalment. Such fees shall be in substitution for and not in addition to the collection fees prescribed in paragraph 13 of Part 1 of Table A.
All necessary disbursements incurred in connection with any prior abortive proceedings under section 72, if the court has so ordered.
Any amount necessarily and actually disbursed in tracing the judgment debtor, where the capital amount of the debt at the time the tracing agent was employed was not less than R327, 00. The total amount to be allowed for each tracing shall not exceed R250, 00.
For the purpose of the Tariff to this Part the amount of the claim shall, subject to the provisions of paragraph 3 (d), be the total of the capital amount and costs outstanding at the date of the first institution of proceedings under section 65A (1) of the Act.
Items 1 to 5 of Part IV of Table A of Annexure 2 are applicable in terms of section 65J of the Act.
Application for costs on notice (including appearance in court).
Affidavit or affirmation by debtor [Rule 45(7)]..
Necessary formal telephone calls, per call.
Subject to the provisions of paragraphs 2 and 3 no fees other than those laid down in the Tariff to this Part shall be allowed.
Paragraph 3 (a), (b) and (d) of the general provisions under Part 1 of this Table shall apply mutatis mutandis to this Part.
All necessary disbursements incurred in connection with any prior abortive proceedings under section 65 shall be allowed if the court has so ordered.
For the purpose of the Tariff to this Part the amount of the claim shall, subject to the provisions of paragraph 3 (d) of the general provisions under Part 1 of this Table, be the total of the capital amount outstanding at the date of the first institution of proceedings in terms of section 72 of the Act.
Where the claim exceeds R200,00.
Obtaining certified copy of a judgment.
In addition to the fees stated below, the administrator shall be entitled to a fee of 10% on each instalment collected for the redemption of capital and costs.
For the purposes of items 4 and 5 of the Tariff to this Part, a folio shall consist of 100 written or printed words or figures and four figures shall be reckoned as one word.
Instructions to apply for administration order, including the necessary perusal of summonses, demands, etc, and ascertaining the amount of assets and liabilities, including all attendances and correspondence necessary in connection therewith R117,00 R165,00 R263,00 2. Instructions on application under section 74Q (1) or to oppose such application or the granting of administration order R93,00 R93,00 R93,00 3. Drawing up application for administration order or review thereof and affidavit, including all annexures thereto and all attendances, excluding attendance in court R165,00 R165,00 R165,00 4. Making copies of application, affidavit and annexures for creditors, per page R3,00 R3,00 R3,00 5. Perusal of application and other documents served, if any, per folio.. Note: The fees under this item are only claimed by the attorney or an opposing party. R7,00 R7,00 R7,00 6. (a) Attending court: On postponement or setting aside, if not occasioned by the attorney or his client.
On any other hearing R93,00 R177,00 R177,00 7. For furnishing to a creditor by the administrator of the information referred to in section 74M(a) of the Act, per application R12,00 R12,00 R12,00 8. For furnishing of a copy of the debtor's statement of affairs referred to in sections 74 and 74A (1) of the Act by the administrator in terms of section 74M (b) or of a list or account referred to in section 74G (1) or 74J of the Act or of the debtor's statement of affairs referred to in section 65I (2) of the Act, per page R2,00 R2,00 R2,00 9.
For each service or execution or attempted service of any process or document: R7.
The service of a notice referred to in rule 54(1) simultaneously with the summons shall not be regarded as a separate service. PART II SHERIFFS WHO ARE NOT OFFICERS OF THE PUBLIC SERVICE 1A. For registration of any document for service or execution upon receipt thereof: R6,00. 1B.
within a distance of 12 kilometres but further than 6 kilometres from the court-house of the district for which the sheriff is appointed: R.
1B(a)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
where a mandator instructs the sheriff in writing to serve a document referred to in item 1B(a) urgently on the day of receipt of such document or after normal office hours and the sheriff is unsuccessful in his or her attempt to effect service, the costs shall be calculated at double the tariff in item 1B(b)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
where a mandator instructs the sheriff in writing to execute a document referred to in item 2(a) urgently on the day of receipt of such document or after normal office hours, the costs shall be calculated at double the tariff in item 2(a)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
where a mandator instructs the sheriff in writing to execute a document referred to in item 2(a) urgently on the day of receipt of such document or after normal office hours and the sheriff is unsuccessful in his or her attempt to effect execution, the costs shall be calculated at double the tariff in item 2(b)(i), (ii) and (iii) respectively, which costs shall be paid by the mandator, save where the court orders otherwise.
For the ejectment of a defendant from the premises referred to in the warrant of ejectment: R23,00 per half hour or part thereof (except extraordinary expenses necessarily incurred).
A further fee of R15,00 shall be paid after execution for every person over and above the person named or referred to in the process of ejectment, in fact ejected from separate premises: Provided that where service on any person other than the judgment debtor, respondent or garnishee is necessary in order to complete the execution, the fee laid down in item 1B(a) may be charged in respect of each such service.
For the arrest of a defendant tanquam suspectus de fuga to found jurisdiction, shall, in addition to the tariff in item 2(a), an amount of R23,00 per half hour or part thereof be payable for waiting time during negotiations between the several parties.
Compilation of any return in terms of rule 8, in duplicate: R11,00.
If it is necessary for the sheriff to travel further than 20 kilometres from the court-house of the district for which he or she is appointed, a travelling allowance of R3,00 per kilometre for each kilometre or part thereof travelled further than the aforesaid distance to and from the place of service or execution shall be allowed in addition to the fees mentioned in item 1B(a)(iii), 1B(b)(iii), 2(a)(iii) or 2(b)(iii) as the case may be.
where service of the same process has to be effected on more than one person by a sheriff within the area served by him or her, only one charge for travelling shall be allowed.
When it is necessary for the sheriff to convey any person under arrest for any distance of more than 20 kilometres, an allowance of R3,00 per kilometre in respect of that portion of his or her journey on which he or she was necessarily accompanied by such person shall be allowed.
Making an inventory, including the making of all necessary copies and time spent on stock-taking: R23,00 per half hour or part thereof.
For assistance, if necessary, with the making of an inventory, R23,00 per half hour or part thereof.
The perusing, drawing up and completing of a bail bond, deed of suretyship or indemnity bond: R6,00.
For each officer necessarily left in possession, a reasonable inclusive amount not exceeding R83,00 per day.
"Possession" shall mean actual physical possession by a person employed and paid by the sheriff, whose sole work for the time being is to remain on the premises where the goods have been attached, and who, in fact, remains in possession for the period for which possession is charged.
'Cost of removal' shall mean the amount actually and necessarily disbursed for removal or attempted removal if the goods were removed by a third party or an attempt was made to remove them, if they were removed by the sheriff him-or herself, such amount as would fairly be allowable in the ordinary course of business if the goods were removed by a third party, or an attempt was made to so remove them.
'Cost of storage' shall mean the amount actually and necessarily paid for storage if the goods were stored with a third person or, if the sheriff provided the storage, such amount as would fairly be allowable in the ordinary course of business if the goods were stored with a third person.
Where a warrant of execution or garnishee order is paid in full, or in part, to the sheriff or moneys attached in execution against movables, 9 per cent of the amounts so paid or attached, with a minimum of R44,00 and a maximum of R440,00.
Notice of attachment to defendant and to each person to be notified: R6,00.
Where property is released from attachment in terms of rule 41(7)(e), or the warrant of execution is withdrawn or stayed, or the judgment debtor's estate is sequestrated after the attachment, but before the sale, 2,3 per cent of the value of the goods attached, subject to a maximum of R133,00: Provided that if a sale subsequently takes place in consequence of the said attachment, the amount so paid shall be deducted from the commission payable under item 12.
Where the warrant of execution against movables is completed by sale, 9 per cent for the first R15 000, 00 or part thereof and thereafter 6 per cent, with a maximum of R5 875,00.
For the insurance of attached property if deemed necessary and on written instructions of the judgment creditor to the sheriff, in addition to the premium to be paid, an all inclusive amount of R23,00.
When immovable property has been attached in execution and is not sold, either by reason of the warrant having been withdrawn or stayed or of the sequestration of the estate of the execution debtor, the expenses in connection with the attempted sale and the sum of R133,00 shall be payable to the sheriff or the person in fact authorised to act as auctioneer, as the case may be.
The drawing up of a report of the improvements on the property for the purpose of sale: R23,00 per half hour or part thereof.
Written notice to the purchaser who has failed to comply with the conditions of sale: R33,00.
Consideration of conditions of sale: R66,00.
On the sale of immovable property by the sheriff as auctioneer 6 per cent on the first R30 000, 00 of the proceeds of the sale and 3,5 per cent on the balance thereof, subject to a maximum commission of R8 750,00 in total and a minimum of R440,00 (inclusive in all instances of the sheriff's bank charges and other expenses incurred in paying the proceeds into his or her trust account), which commission shall be paid by the purchaser.
If an auctioneer is employed as provided in rule 43(9), 3 per cent on the first R30 000,00 of the proceeds of the sale and 2 per cent on the balance thereof, subject to a maximum commission of R5 000,00 total and a minimum of R440,00 (inclusive in all instances of the sheriff's bank charges and other expenses incurred in paying the proceeds into his or her trust account), which commission shall be paid by the purchaser.
the sum of R16,00 to the sheriff for giving transfer to the purchaser.
18 Where the sheriff is in possession under more than one warrant of execution, he or she may charge fees for only one possession, and such possession shall, as far as possible, be apportioned equally to the several warrants issued during the same period: Provided that each execution creditor shall be jointly and severally liable for such possession to an amount not exceeding what would have been due under his or her execution if it had stood alone.
Fees payable on the value of goods attached or on the proceeds of the sale of goods in execution shall not be chargeable on such value or proceeds so far as they are in excess of the amount of the warrant.
The fees and expenses of the sheriff in execution of a garnishee order shall be added to the amount to be recovered under the order, and shall be chargeable against the judgment debtor.
the mandator requested, before an attempted service or execution of the process, that it be returned to him or her, an amount of R6,00 shall be payable.
For the conveyance of any person arrested by the sheriff or committed to his or her custody from the place of custody to the court on a day subsequent to the day of arrest: R23,00 per journey and R44,00 per hour or part thereof for attending at court.
For the examination of indicated newspapers and the Gazette in which the notice of sale has been published as referred to in rule 43(6)(c) and Rule 41(8)(c): R6,00.
For forwarding a copy of the notice to every execution creditor who has lodged a warrant of execution and to every mortgagee in respect of the immovable property concerned whose address is reasonably ascertainable, for each copy: R6,00.
For affixing a copy of the notice of sale on the notice board or door of the court-house or other public building referred to in rule 43(6)(e) and rule 41(8)(b): R16,00.
For affixing a copy of the notice of sale on the property due to be sold, the amount in paragraph (a) above and travelling costs referred to in item5(a).
For the drawing up and issuing of an interpleader summons: R66,00.
In addition to the fees prescribed in this Table, the sheriff shall be entitled to the amount actually disbursed for postage and telephone calls.
For the writing of each necessary letter, excluding formal letters accompanying process or returns: R6,00.
Each necessary attendance by telephone (in addition to prescribed trunk charges and cellular charges): R6,00.
Sending and receiving of each necessary facsimile per A4 size page (in addition telephone charges): R3,00.
If investigated by the sheriff him- or herself: R39,00 per case.
For the making of all necessary copies of documents: R2,00 per A4 size page.
A request to tax an account of a sheriff shall be done within 90 days after the date on which the account of which the fees are disputed, has been rendered.
For the drawing up of the bill for taxation and attendance of the taxation by the sheriff: R44,00.
Bank charges: Actual costs incurred relating to bank charges and cheque forms.
Drafting of notice to the judgment debtor in terms of section 65A(8)(b) of the Act: R11,00.
Service of notice referred to in paragraph (a): Tariff as prescribed in item 1B(a).
Attempted service of notice referred to in paragraph (a): Tariff as prescribed in item 1B(b).
The tariff as prescribed in item 2(a) or item 2(b), as the case may be.
The tariff as prescribed in item 4 shall apply to this item.
The tariff as prescribed in item 2(a).
Travelling costs from place of arrest to place of handing over to the relevant authority referred to in paragraph (b), per kilometre or part thereof: R3,00.
Waiting time in regard to handing over the judgment debtor to the relevant authority referred to in paragraph (b): R23,00 per half hour or part thereof with a maximum of R88,00.
For every attendance when the case is wholly or partly heard: R70 for each hour or part of an hour of such attendance, but not to be less than R140 or more than R350 for every such attendance.
For every attendance when the case is not heard but is postponed or settled, at the above rate, but the minimum to be R70.
Attendance to be reckoned from the hour for which the assessor is summoned to the hour at which judgment is given or reserved, or to the hour at which the assessor is expressly released by the court from further attendance, whichever shall be the earlier.
When the case is adjourned, postponed or settled, attendances to be reckoned from the hour for which the assessor is summoned to the hour at which the case is adjourned, postponed or settled, or to the hour at which the assessor is expressly released by the court from further attendance, whichever shall be the earlier.
R1, 42 in the case of a motorcar with an engine swept volume of more than 3 500 cm3.
The party who desires an assessor in terms of rule 59 (6) shall pay to the clerk or registrar of the court an amount of R350 for each assessor applied for.
The Minister for Justice and Constitutional Development has, in consultation with the Minister for Finance, under section 51 bis of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and section 42 of the Supreme Court Act, 1959 (Act 59 of 1959), prescribed the tariff of allowances in the Schedule.
"witness" means a person who attends a civil case as a witness.
the reasonable actual expenses incurred for meals on submission of proof of the expenses to the satisfaction of the court manager or the registrar.
The allowances provided for in subregulation (1) are payable for the full period for which the witness is absent from his or her residence or place of sojourn for purposes of attending the court.
In calculating the period of absence for purposes of subregulations (1) and (2), a witness is allowed 24 hours for each distance of 600 kilometres or part thereof travelled.
The allowance provided for in subregulation (1) is not payable if the fare of a witness includes the cost of meals and accommodation.
has approved that the witness may make use of air transport.
On satisfactory proof having been produced, a witness is entitled to be reimbursed for his or her reasonable actual expenses incurred in respect of parking and toll fees.
On satisfactory proof having been produced that a witness has forfeited income as a result of his or her attendance of a civil case, he or she is, in addition to the allowance that may be payable to the witness in terms of regulation 2, entitled to an allowance equal to the actual amount of income so forfeited, subject to a maximum of R1 500.00 per day.
in any other case, if he or she is satisfied that the application of the provisions of this Schedule may cause financial hardship.
6 Where the expenses of a witness are provided for from any other source, no allowance in terms of this Schedule shall be paid to him or her.
7 The allowances prescribed in this Schedule are also payable to a person who, of necessity, accompanies a witness on account of the youth or infirmity, owing to old age, or any other infirmity of the witness.
8 The decision of a court manager, registrar, or taxing master of a High Court in respect of the amounts payable in terms of regulations 3, 4 and 5 shall be final.
9 Government Notice R2597 of 1 November 1991 is repealed.