Magistrates' Courts Act, 1944

This is the version of this Act as it was from 5 September 1997 to 9 December 1997. Read the latest available version.
Jurisdiction
South Africa
Citation
Act 32 of 1944
Date
Language
English
Type
Legislation
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South Africa

Magistrates' Courts Act, 1944

Act 32 of 1944

  1. [Amended by Magistrates' Courts Amendment Act, 1952 (Act 40 of 1952) on 2 July 1945]
  2. [Amended by General Law Amendment Act, 1972 (Act 102 of 1972) on 2 July 1945]
  3. [Amended by Magistrates' Courts Amendment Act, 1952 (Act 40 of 1952) on 27 June 1952]
  4. [Amended by Magistrates' Courts Amendment Act, 1954 (Act 14 of 1954) on 2 April 1954]
  5. [Amended by General Law Amendment Act, 1955 (Act 62 of 1955) on 6 July 1955]
  6. [Amended by General Law Amendment Act, 1956 (Act 50 of 1956) on 22 June 1956]
  7. [Amended by General Law Amendment Act, 1957 (Act 68 of 1957) on 28 June 1957]
  8. [Amended by Criminal Law Further Amendment Act, 1959 (Act 75 of 1959) on 17 July 1959]
  9. [Amended by Criminal Law Amendment Act, 1959 (Act 16 of 1959) on 1 September 1959]
  10. [Amended by General Law Further Amendment Act, 1962 (Act 93 of 1962) on 4 July 1962]
  11. [Amended by Magistrates' Courts Amendment Act, 1963 (Act 19 of 1963) on 15 March 1963]
  12. [Amended by General Law Amendment Act, 1963 (Act 37 of 1963) on 2 May 1963]
  13. [Amended by General Law Further Amendment Act, 1963 (Act 93 of 1963) on 12 July 1963]
  14. [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 24 June 1964]
  15. [Amended by Magistrates' Courts Amendment Act, 1965 (Act 48 of 1965) on 5 May 1965]
  16. [Amended by Magistrates' Courts Amendment Act, 1967 (Act 8 of 1967) on 17 February 1967]
  17. [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 21 June 1968]
  18. [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 30 August 1968]
  19. [Amended by General Law Amendment Act, 1968 (Act 70 of 1968) on 30 August 1968]
  20. [Amended by Magistrates' Courts Amendment Act, 1969 (Act 17 of 1969) on 26 March 1969]
  21. [Amended by Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969 (Act 15 of 1969) on 1 May 1969]
  22. [Amended by General Law Amendment Act, 1969 (Act 101 of 1969) on 30 June 1969]
  23. [Amended by General Law Amendment Act, 1970 (Act 17 of 1970) on 6 March 1970]
  24. [Amended by General Law Amendment Act, 1964 (Act 80 of 1964) on 1 November 1970]
  25. [Amended by Magistrates' Courts Amendment Act, 1970 (Act 53 of 1970) on 1 December 1970]
  26. [Amended by General Law Amendment Act, 1971 (Act 80 of 1971) on 14 July 1971]
  27. [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 1 May 1973]
  28. [Amended by General Law Amendment Act, 1974 (Act 29 of 1974) on 15 March 1974]
  29. [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 20 November 1974]
  30. [Amended by Second General Law Amendment Act, 1974 (Act 94 of 1974) on 1 March 1975]
  31. [Amended by Criminal Procedure Act, 1977 (Act 51 of 1977) on 22 July 1977]
  32. [Amended by Lower Courts Amendment Act, 1977 (Act 91 of 1977) on 22 July 1977]
  33. [Amended by Magistrates' Courts Amendment Act, 1976 (Act 63 of 1976) on 1 January 1979]
  34. [Amended by Magistrates' Courts Amendment Act, 1981 (Act 28 of 1981) on 11 March 1981]
  35. [Amended by Magistrates' Courts Amendment Act, 1982 (Act 59 of 1982) on 21 April 1982]
  36. [Amended by Appeals Amendment Act, 1982 (Act 105 of 1982) on 1 April 1983]
  37. [Amended by Courts of Justice Amendment Act, 1983 (Act 53 of 1983) on 4 May 1983]
  38. [Amended by Magistrates' Courts Amendment Act, 1984 (Act 56 of 1984) on 2 May 1984]
  39. [Amended by Criminal Procedure Matters Amendment Act, 1984 (Act 109 of 1984) on 1 September 1984]
  40. [Amended by Matrimonial Property Act, 1984 (Act 88 of 1984) on 1 November 1984]
  41. [Amended by Magistrates' Courts Amendment Act, 1985 (Act 19 of 1985) on 3 April 1985]
  42. [Amended by Special Courts for Blacks Abolition Act, 1986 (Act 34 of 1986) on 1 August 1986]
  43. [Amended by Rules Board for Courts of Law Act, 1985 (Act 107 of 1985) on 20 February 1987]
  44. [Amended by Magistrates' Courts Amendment Act, 1987 (Act 25 of 1987) on 24 June 1987]
  45. [Amended by Magistrates' Courts Amendment Act, 1987 (Act 25 of 1987) on 1 January 1988]
  46. [Amended by Law of Evidence Amendment Act, 1988 (Act 45 of 1988) on 3 October 1988]
  47. [Amended by Magistrates' Courts Amendment Act, 1987 (Act 25 of 1987) on 1 July 1989]
  48. [Amended by Attorneys Amendment Act, 1989 (Act 87 of 1989) on 29 September 1989]
  49. [Amended by Sheriffs Act, 1986 (Act 90 of 1986) on 1 March 1990]
  50. [Amended by Criminal Law Amendment Act, 1990 (Act 107 of 1990) on 1 August 1990]
  51. [Amended by Judicial Matters Amendment Act, 1991 (Act 4 of 1991) on 28 March 1991]
  52. [Amended by Magistrates' Courts Amendment Act, 1991 (Act 118 of 1991) on 1 March 1992]
  53. [Amended by Attorneys Amendment Act, 1993 (Act 115 of 1993) on 1 August 1993]
  54. [Amended by General Law Third Amendment Act, 1993 (Act 129 of 1993) on 1 September 1993]
  55. [Amended by General Law Fourth Amendment Act, 1993 (Act 132 of 1993) on 1 December 1993]
  56. [Amended by General Law Fifth Amendment Act, 1993 (Act 157 of 1993) on 1 December 1993]
  57. [Amended by General Law Sixth Amendment Act, 1993 (Act 204 of 1993) on 1 March 1994]
  58. [Amended by Magistrates Act, 1993 (Act 90 of 1993) on 11 March 1994]
  59. [Amended by Abolition of Restrictions on the Jurisdiction of Courts Act, 1996 (Act 88 of 1996) on 22 November 1996]
  60. [Amended by Judicial Matters Amendment Act, 1996 (Act 104 of 1996) on 14 February 1997]
  61. [Amended by Justice Laws Rationalisation Act, 1996 (Act 18 of 1996) on 1 April 1997]
  62. [Amended by Abolition of Corporal Punishment Act, 1997 (Act 33 of 1997) on 5 September 1997]
[Please note: The provisions of section 10(1)(a) and (b) of the Magistrates' Courts Amendment Act 40 of 1952 shall be deemed to have been in force as from the second day of July, 1945.]ACTTo consolidate and amend the law relating to Magistrates’ Courts.BE IT ENACTED by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:—

1. Definitions

In this Act, except where the context otherwise indicates—"court" means a magistrate’s court;"court of appeal" means the provincial or local division of the Supreme Court to which an appeal lies from the magistrate's court;[definition of "court of appeal" substituted by section 1 of Act 105 of 1982]means the provincial division of the Supreme Court to which an appeal lies from the magistrate's court;"judgment", in civil cases, includes a decree, a rule and an order;"judicial officer" means a magistrate, an additional magistrate or an assistant magistrate;"magistrate" does not include an assistant magistrate;"Minister", in section 15(2) and (4) and in section 113, means the Minister of Justice; in any other provision of this Act, 'Minister' in relation to any matter to be dealt with in a regional division, district or subdistrict administered under the control of the Minister of Justice, and in relation to the creation or abolition of any such regional division, district or subdistrict, means that Minister or any other Minister of State acting on his behalf;[definition of "Minister" substituted by section 23 of Act 94 of 1974 and by section 2 of Act 34 of 1986]"offence" means an act or omission punishable by law;"practitioner" means an advocate, an attorney, an articled clerk such as is referred to in section 21 or an agent such as is referred to in section 22;"province" includes the territory;"Republic" includes the territory;"territory" means the territory of South-West Africa;"to record" means to take down in writing or in shorthand or to record by mechanical means, and "recorded" has a corresponding meaning;"the district", if used in relation to any court, means the district, subdistrict, or area for which such court is established;"the rules" means the rules referred to in section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985);[definition of "the rules" substituted by section 1 of Act 4 of 1991]"this Act" includes the rules.[section 1 amended by section 2 of Act 40 of 1952 and section 15 of Act 15 of 1969 and substituted by section 1 of Act 53 of 1970]

Part I – Courts

Chapter I
Establishment and nature of courts

2. Minister’s powers relative to districts and courts

The Minister may, by notice in the Gazette—
(a)create districts, define the local limits of each district, which may consist of various non-contiguous areas, and declre the name by which any district shall be known;
(b)create regional divisions consisting of a number of districts, or of a district together with one or more subdistricts, and declare the name by which any regional division shall be known;
(c)increase or decrease the local limits of any district;
(d)increase or decrease the limits of any regional division;
(e)for all purposes or for such purposes as he may declare, annex any district or any portion thereof to another district;
(f)establish a court for any district;
(g)establish a court for any regional division for the purpose of the trial of persons accused of committing any offence, which shall have increased jurisdiction as hereinafter provided;
(h)appoint one or more places within each district for the holding of a court for such district and may by like notice prescribe the local limits of an area in a district, which area may include any portion of an adjoining district, and declare the name by which such area shall be known, and appoint one or more places in such area for the holding of a court for such district, of which places, if more than one is appointed, one shall be specified as the seat of magistracy;
(i)appoint one or more places in each regional division for the holding of a court for such regional division;
(j)within any district appoint places other than the seat of magistracy for the holding of periodical courts, and prescribe the local limits within which such courts shall have jurisdiction, and include within those limits any portion or an adjoining district;
(k)detach a portion of a district or portions of two or more adjoining districts as a subdistrict to form the area of jurisdiction of a detached court, and declare the name by which such sub-district shall be known, and appoint the places where such detached court is to be held;
(l)withdraw or vary any notice under this section and abolish any regional division, district, sub-district or other area of jurisdiction and the court thereof.
[section 2 amended by section 3 of Act 40 of 1952, section 37 of Act 68 of 1957, section 5 of Act 17 of 1970 and by section 7 of Act 102 of 1972 and substituted by section 2 of Act 53 of 1970]

3. Existing courts and districts to continue

(1)The courts and districts existing immediately before the commencement of this Act shall be deemed to have been established under this Act.
(2)All references in any other law to magistrates’ courts or courts of resident magistrate shall be read as referring to courts established under this Act.
(3)After the commencement of this Act no new district or sub-district and no regional division shall be created until a report upon the proposal to create such district or sub-district or division has been obtained from the Public Service Commission.[subsection (3) amended by section 4 of Act 40 of 1952]

4. Nature of the courts and force of process

(1)Every court shall be a court of record.
(2)[subsection (2) deleted by section 5(a) of Act 40 of 1952]
(3)Every process issued out of any court shall be of force throughout the Republic.[subsection (3) amended by section 5(b) of Act 40 of 1952 and by section 3 of Act 53 of 1970]
(4)Any process issued out of any court may be served or executed by the messenger of the court appointed for the area within which such process is to be served or executed.[subsection (4) substituted by section 26 of Act 70 of 1968]

5. Courts to be open to the public, with exception

(1)Except where otherwise provided by law, the proceedings in every court in all criminal cases and the trial of all defended civil actions shall be carried on in open court, and recorded by the presiding officer or other officer appointed to record such proceedings.
(2)The court may in any case, in the interests of good order or public morals, direct that a civil trial shall be held with closed doors, or that (with such exceptions as the court may direct) minors or the public generally shall not be permitted to be present thereat.[subsection (2) substituted by section 1(a) of Act 91 of 1977 and by section 3 of Act 132 of 1993]
(3)If any person present at any civil proceedings in any court disturbs the peace or order of the court, the court may order that person to be removed and detained in custody until the rising of the court, or, if in the opinion of the court peace cannot be otherwise secured, may order the court room  to be cleared and the doors thereof to be closed to the public.[subsection (3) substituted by section 1(a) of Act 91 of 1977]
(4)[subsection (4) amended by section 6 of Act 40 of 1952 and deleted by section 1(b) of Act 91 of 1977]

6. Medium to be employed in proceedings

(1)Either of the official languages may be used at any stage of the proceedings in any court and the evidence shall be recorded in the language so used.[subsection (1) amended by section 7 of Act 40 of 1952]
(2)If, in a criminal case, evidence is given in a language with which the accused is not in the opinion of the court sufficiently conversant, a competent interpreter shall be called by the court in order to translate such evidence into a language with which the accused professes or appears to the court to be sufficiently conversant, irrespective of whether the language in which the evidence is given, is one of the official languages or of whether the representative of the accused is conversant with the language used in the evidence or not.

7. Public access to records and custody thereof

(1)Subject to the provisions of section 7A and the rules the records of the court, other than a record with reference to which a direction has been issued under section 153 (2) or 154 (1) of the Criminal Procedure Act, 1977, or with reference to which the provisions of section 154 (2) (a) or 154 (3) of that Act apply, shall be accessible to the public under supervision of the clerk of the court at convenient times and upon payment of the fees prescribed from time to time by the Minister in consultation with the Minister of Finance, and for this purpose and for all other purposes the records of any magistrate's court which has at any time existed within the Republic, shall be deemed to be the records of the court of the district in which the place where such court was held is situated, and such records shall be preserved at the seat of magistracy of that district for such periods as the Director-General: Justice may from time to time determine: Provided that the said Director-General may order that the ·records of a court for any regional division shall be so preserved at such a place or places within that division as he may from time to time determine: Provided further that payment of such fees shall not be required from any person who satisfies the magistrate of the district where the records of the court are preserved, or any judicial officer designated by the said magistrate from among the members of his staff, that he desires access to the records of the court in connection with research for academic purposes.
(2)The Director-General: Justice may order that after expiry of the periods referred to in subsection (1) the records so preserved be removed to a central place of custody or be destroyed or otherwise disposed of.
[section 7 amended by section 23 of Act 93 of 1962 and by section 7 of Act 80 of 1964 and substituted by section 1 of Act 8 of 1967 and amended by section 27 of Act 70 of 1968, by section 14 of Act 80 of 1971 and by section 2 of Act 91 of 1977 and substituted by section 1 of Act 25 of 1987]

7A. Custody of civil summonses and returns thereto

(1)Notwithstanding the provisions of section 7, but subject to the provisions of the rules, a summons issued to institute a civil action and the return of service of such summons, shall be preserved by the person who caused the summons to be issued or by his attorney.
(2)A summons and return of service preserved in terms of subsection (1) shall not be accessible to the public.
[section 7A inserted by section 2 of Act 25 of 1987]

Chapter II
Judicial officers

8. Before whom courts to be held

Every court held under this Act shall be presided over by a judicial officer appointed in the manner provided by this Act.

9. Appointment of judicial officers

(1)
(a)Subject to the Magistrates Act, 1993, and the provisions of paragraph (b) of this subsection and of section 10, the Minister may appoint for any district or subdistrict a magistrate, one or more additional magistrates or one or more assistant magistrates and for every regional division a magistrate or magistrates.[paragraph (a) substituted by section 17 of Act 90 of 1993]
(aA)The Minister may, in a particular case or generally and subject to such directions as he or she may deem fit, delegate the power conferred upon him or her by paragraph (a) to the Director-General of his or her department or another officer of that department with the rank of director or an equivalent or higher rank or a magistrate at the head of a regional division or a magistrate with the rank of chief magistrate.[paragraph (aA) inserted by section 11 of Act 29 of 1974, substituted by section 1 of Act 28 of 1981 and by section 3(a) of Act 104 of 1996]
(b)No person shall be appointed as a magistrate of a regional division unless he is a magistrate who has satisfied all the requirements for the degree of baccalaureus legum of a university in the Republic or has passed the Public Service Senior Law Examination or an examination deemed by the Public Service Commission to be equivalent or superior to the said examination, and the board referred to in section 9bis has informed the Minister that he is suitable for appointment as a magistrate of a regional division.
(c)A magistrate of a regional division may also be the magistrate of a district and shall for the purposes of section 12(5) be deemed to have been duly appointed as an additional magistrate for each district, except the district of which he is the magistrate, falling wholly or partly within the regional division of which he is a magistrate;[paragraph (c) substituted by section 24(1)(a) of Act 94 of 1974]
(d)A magistrate, an additional magistrate or an assistant magistrate of a district or subdistrict may at the same time also be a magistrate, an additional magistrate or an assistant magistrate of another district.[paragraph (d) added by section 24(1)(b) of Act 94 of 1974]
(2)
(a)No person holding any appointment under subsection (1) shall perform the functions of a judicial officer in any magistrate's court unless he has taken an oath or made an affirmation subscribed by him, in the form set out below, namely—'I, ________________________ (full name) do hereby swear/solemnly and sincerely affirm and declare that whenever I may be called upon to perform the functions of a judicial officer in any magistrate's court I will administer justice to all persons alike without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the law and customs of the Republic of South Africa or of the territory of South West Africa.[paragraph (a) substituted by section 4 of Act 53 of 1970]
(b)Any such oath or affirmation shall be taken or made in open court before the senior available magistrate of the district concerned or a justice of the peace who shall at the foot thereof endorse a statement of the fact that it was taken or made before him and of the date on which it was so taken or made and append his signature thereto.
(3)Whenever by reason of absence or incapacity a magistrate, additional magistrate or assistant magistrate is unable to carry out the functions of his or her office or whenever such office becomes vacant, the Minister, or an officer in the Department of Justice or a magistrate at the head of a regional division or a magistrate with the rank of chief magistrate authorized thereto in writing by the Minister, may appoint any other competent person to act in the place of the absent or incapacitated magistrate, additional magistrate or assistant magistrate, as the case may be, during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that no person shall be appointed as an acting magistrate of a regional division unless he or she has satisfied all the requirements for the degree referred to in subsection (1)(b) or has passed an examination referred to in that subsection: Provided further that when any such vacancy has remained unfilled for a continuous period exceeding three months the fact shall be reported to the Magistrates Commission established by section 2 of the Magistrates Act, 1993 (Act No. 90 of 1993).[subsection (3) substituted by section 3(b) of Act 104 of 1996]
(4)The Minister or an officer in the Department of Justice or a magistrate at the head of a regional division or a magistrate with the rank of chief magistrate authorized thereto in writing by the Minister, may appoint temporarily any competent person to act either generally or in a particular matter as magistrate of a regional division in addition to any magistrate or acting magistrate of that division or as additional or assistant magistrate for any district or sub-district in addition to the magistrate or any other additional or assistant magistrate.[subsectionn (4) substituted by section 3(b) of Act 104 of 1996]
(5)The Minister may, with the concurrence of the Minister of Finance, determine the remuneration and allowances and the method of calculation of such remuneration and allowances payable to a person appointed under subsection (3) or (4), if such person is not an officer of the public service.[subsection (5) deleted by section 2 of Act 34 of 1986 and inserted by section 3(c) of Act 104 of 1996]
[section 9 amended by section 8 of Act 40 of 1952, by section 17 of Act 50 of 1956, by section 38 of Act 68 of 1957, by section 24 of Act 93 of 1962, by section 1 of Act 19 of 1963 and by section 1 of Act 48 of 1965 and substituted by section 2 of Act 8 of 1967]

9bis. ***

[section 9bis inserted by section 2 of Act 48 of 1965, amended by section 5 of Act 53 of 1970, by section 2 of Act 28 of 1981 and repealed by section 4(a) of Act 104 of 1996]

10. Qualifications for appointments of judicial officers

Subject to the provisions of the law governing the public service and of section eleven—
(a)a person who has not before the commencement of this Act held a substantive appointment as magistrate shall not hold such an appointment and a person who has not before the commencement of this Act held a substantive appointment as assistant magistrate shall not hold such an appointment, unless in either case he has passed the civil service lower law examina­tion or an examination declared by the Public Service Commission to be equivalent thereto;
(b)in recommending any person for appointment as a magistrate, additional magistrate or assistant magistrate the Public Service Commission may give preference to a person who holds a degree in law of a university in South Africa, or has passed the Civil Service Higher Law Examination or an examination deemed by the Commission to be equivalent thereto.

11. Existing judicial officers to continue in office

(1)All magistrates, additional magistrates and assistant magistrates holding office at the commencement of this Act shall be deemed to have been appointed under this Act.
(2)References in any other law to chief magistrates, resident magistrates, magistrates, additional magistrates, civil magistrates or criminal magistrates, shall be read as referring to magistrates appointed under this Act.
(3)All such references to assistant resident magistrates or to assistant magistrates shall be read as referring to assistant magistrates appointed under this Act.

12. Powers of judicial officers

(1)A magistrate—
(a)may hold a court: Provided that a court of a regional division may only be held by a magistrate of the regional division;[paragraph (a) amended by section 9 of Act 40 of 1952]
(b)shall possess the powers and perform the duties conferred or imposed upon magistrates by any law for the time being in force within the province wherein his district is situate.
(2)An additional magistrate or an assistant magistrate—
(a)may hold a court;
(b)shall possess such powers and perform such duties conferred or imposed upon magistrates as he is not expressly prohibited from exercising or performing either by the Minister or by the magistrate of the district.
(3)An acting magistrate, additional magistrate, or assistant magistrate, respectively, shall possess the powers and jurisdiction and perform the duties of the magistrate, additional magis­trate, or assistant magistrate in whose place he is appointed to act, for the particular case or during the time or in the circumstances for which he is appointed to act.
(4)Every additional magistrate and every assistant magis­trate shall, in each district for which he has been appointed, be subject to the administrative direction of the magistrate; and the magistrate shall allocate the work among the additional magistrates and assistant magistrates.
(5)A magistrate of a regional division may, in his capacity as additional magistrate for a district in terms of section 9(1)(c), hold a court of that district for the hearing of any civil matter within the jurisdiction of such court.[subsection (5) added by section 25 of Act 94 of 1974]

Chapter III
Officers of the court

13. Clerk of the court

(1)There shall be appointed for every court by the magistrate of the district in which such court is situated so many clerks of the court and assistant clerks of the court as may be necessary.[subsection (1) substituted by section 3 of Act 91 of 1977]
(2)A refusal by the clerk of the court to do any act which he is by any law empowered to do shall be subject to review by the court on application either ex parte or on notice, as the circumstances may require.

14. Messengers of the court

(1)[subsection (1) amended by section 10(a) of Act 40 of 1952 , by section 28(1)(a) of Act 70 of 1968, by section 12 of Act 29 of 1974 , by section 3 of Act 28 of 1981 and repealed by section 64(1) of Act 90 of 1986]
(1A)[subsection (1A) inserted by section 28(1)(b) of Act 70 of 1968 and repealed by section 64(1) of Act 90 of 1986]
(2)[subsection  (2)  amended by section 28(1)(c) of Act 70 of 1968 and repealed by section 64(1) of Act 90 of 1986]
(3)[subsection (3) repealed by section 64(1) of Act 90 of 1986]
(4)[subsection (4) repealed by section 64(1) of Act 90 of 1986]
(5)[subsection (5) repealed by section 64(1) of Act 90 of 1986]
(6)[subsection (6) substituted by section 10(b) of Act 40 of 1952 with effect from 2 July 1945 and repealed by section 64(1) of Act 90 of 1986]
(7)A messenger receiving any process for service or execution from a practitioner or plaintiff by whom there is due and payable to the messenger any sum of money in respect of services performed more than three months previously in the execution of any duty of his office, and which notwithstanding request has not been paid, may refer such process to the magistrate of the court out of which the process was issued with particulars of the sum due and payable by the, practitioner or plaintiff; and the magistrate may, if he is satisfied that a sum is due and payable by the practitioner or plaintiff to the messenger as aforesaid which notwithstanding request has not been paid, by writing under his hand authorize the messenger to refuse to serve or execute such process until the sum due and payable to the messenger has been paid.[subsection (7) amended by section 10(c) of Act 40 of 1952]
(8)A magistrate granting any such authority shall forthwith transmit a copy thereof to the practitioner or plaintiff concerned and a messenger receiving any such authority shall forthwith return to the practitioner or plaintiff the process to which such authority refers with an intimation of his refusal to serve or execute the same and of the grounds for such refusal.[subsection (8) amended by section 10(c) of Act 40 of 1952]
(9)[subsection (9) substituted by section 6 of Act 53 of 1970 and repealed by section 64(1) of Act 90 of 1986]

15. Service of process by the police

(1)
(a)Whenever process of the court in a civil case is to be served or executed within any area for which no messenger has been appointed, and whenever process of any court in a criminal case is to be served, a member of the police force shall be as qualified to serve or execute all such process and all other documents in such a case as if he had been duly appointed messenger.
(b)The fees payable in respect of or in connection with any such service to a messenger shall in any such case be chargeable but shall be paid into the Consolidated Revenue Fund.
[subsection (1) amended by section 11(i) and (ii) of Act 40 of 1952 and substituted by section 29 of Act 70 of 1968]
(2)Whenever under any law a public body has the right to prosecute privately in respect of any offence or whenever under any law any fine imposed on conviction in respect of any offence is to be paid into the revenue of a public body, the process of the court and all other documents in the case in which prosecution takes place for such offence, shall be served—
(a)by a person authorized in writing by such public body;
(b)where it is expedient that such process shall be served in the area of jurisdiction of another public body, by a person authorized as contemplated in paragraph (a) by such other public body; or
(c)with the consent of the Minister by a member of the police force, in which case fees in accordance with the scale set out in the rules shall be paid by the public body or such compounded amount in respect of all such process and other documents in any year as may be agreed between the said public body and the Minister, and such fees or such amount shall be paid into the National Revenue Fund.[paragraph (c) amended by section 4 of Act 18 of 1996]
[subsection (2) amended by section 11(iii) of Act 40 of 1952 and substituted by section 1 of Act 59 of 1982]
(3)An officer in the service of a province of a class defined by the Premier of that province by notice in the Provincial Gazette of the province concerned, shall be competent to serve any process of the court or any other document in a case in which a prosecution takes place for an offence in terms of any law of that province as if he had been appointed as a deputy messenger of the court.[subsection (3) added by section 2(b) of Act 19 of 1963 and amended by section 4 of Act 18 of 1996]
(4)An officer or employee in the service of the State of a class defined by the Minister by notice in the Gazette, shall be competent to serve any process of the court or any other document in a case in which a prosecution takes place for an offence in terms of a provision of any law specified by the Minister in such notice, as if he had been appointed as a sheriff of the court.[subsection (4) added by section 26 of Act 94 of 1974 and amended by section 64(1) of Act 90 of 1986]

16. Messengers’ duties respecting detention of persons by order of court

The messenger shall receive and cause to be lodged in a prison all persons arrested by such messenger or committed to his custody.[section 16 amended by section 1 of Act 17 of 1969]

17. Messengers’ return to be evidence

The return of a messenger or of any person authorized to perform any of the functions of a messenger to any civil process of the court, shall be prima facie evidence of the matters therein stated.[section 17 substituted by section 4 of Act 91 of 1977]

18. ***

[section 18 repealed by section 64(1) of Act 90 of 1986]

18A. ***

[section 18A inserted by section 1 of Act 53 of 1983 and repealed by section 64(1) of Act 90 of 1986]

19. Officers appointed previously to remain in office

Every officer of the court holding office immediately prior to the commencement of this Act shall be deemed to be duly appointed under this Act, and shall be invested with power, duties and authority accordingly.

Chapter IV
Practitioners

20. Advocates and attorneys

An advocate or attorney of any division of the Supreme Court may appear in any proceeding in any court.

21. Candidate attorneys

A candidate attorney as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), may, subject to section 8 of that Act, appear instead and on behalf of the attorney to whom he has been articled, or under whom he serves community service in terms of a contract of service, in any proceedings in any court.[section 21 amended by section 18 of Act 50 of 1956, substituted by section 35 of Act 87 of 1989 and by section 22 of Act 115 of 1993]

22. Agents

(1)A person who, immediately prior to the commencement of this Act, was entitled to practise as an agent in any court may practise in any court in which he was so entitled, and shall be entitled to be enrolled and to practise in any other court in which he would have been entitled to be enrolled if this Act had not been passed.
(2)The Supreme Court shall possess in respect of any such agent the same powers as it possesses in respect of attorneys of the Supreme Court.
(3)The law society of any Province may bring to the notice of the Supreme Court any facts regarding the conduct of any such agent which, in. the opinion of the said Society, ought to be brought to the notice of the Supreme Court, in the same manner as if such agent were an attorney of the Supreme Court.

23. Misconduct of practitioners

Whenever in the opinion of a judicial officer a practitioner has been guilty of misconduct or dishonourable practice he shall report the fact—
(a)in the case of an advocate, to the branch of the Society of Advocates or Bar Council at the centre in which such advocate practises; and
(b)in the case of all other practitioners, to the law society concerned.

Chapter V
Rules of Court

24. ***

[section 24 repealed by section 7 of Act 53 of 1970]

25. ***

[section 25 amended by section 19 of Act 50 of 1956, by section 2 of Act 93 of 1963, by section 2 of Act 101 of 1969, by section 8 of Act 53 of 1970, by section 1 of Act 19 of 1985 and repealed by section 10 of Act 107 of 1985]

Part II – Civil matters

Chapter VI
Civil jurisdiction

26. Area of jurisdiction

(1)Except where it is otherwise by law provided, the area of jurisdiction of a court shall be the district, subdistrict or area for which such court is established.
(2)A court established for a district shall have no jurisdiction in a subdistrict or in an area referred to in section 2 (h).
(3)Nothing in subsection (2) shall affect proceedings pending in the court of a district at the time of the creation of a subsdistrict or an area referred to in section 2(h).
[section 26 substituted by section 9 of Act 53 of 1970]

27. Jurisdiction of periodical courts

The jurisdiction of a periodical court within the area for which it has been appointed shall be subject to the following provisions—
(a)The court of a district within which the said area or any part thereof is situate shall retain concurrent jurisdiction with the periodical court within such portions of such area as shall be situate within such district; and
(b)no person shall, without his own consent, be liable to appear as a party before any periodical court to answer any claim unless he resides nearer to the place where the periodical court is held than to the seat of magistracy of the district.

28. Jurisdiction in respect of persons

(1)Saving any other jurisdiction assigned to a court by this Act or by any other law, the persons in respect of whom the court shall have jurisdiction shall be the following and no other—
(a)any person who resides, carries on business or is ' employed within the district;
(b)any partnership which has business premises situated or any member whereof resides within the district;
(c)any person whatever, in respect of any proceedings incidental to any action or proceeding instituted in the court by such person himself;
(d)any person, whether or not he resides, carries on business or is employed within the district, if the cause of action arose wholly within the district;
(e)any party to interpleader proceedings, if—
(i)the execution creditor and every claimant to the subject matter of the proceedings reside, carry on business, or are employed within the district; or
(ii)the subject matter of the proceedings has been attached by process of the court; or[subparagraph (ii) amended by section 12(b) of Act 40 of 1952]
(iii)such proceedings are taken under sub-section (2) of section sixty-nine and the person therein referred to as the "third party" resides, carries on business, or is employed within the district; or[subparagraph (iii) added by section 12(b) of Act 40 of 1952]
(iv)all the parties consent to the jurisdiction of the court;[subparagraph (iv) added by section 12(b) of Act 40 of 1952]
(f)any defendant (whether in convention or reconvention) who appears and takes no objection to the jurisdiction of the court;
(g)any person who owns immovable property within the district in actions in respect of such property or in respect of mortgage bonds thereon.
[subsection (1) amended by section 12(a) of Act 40 of 1952]
(2)"Person" and "defendant" in this section include the State.

29. Jurisdiction in respect of causes of action

(1)Subject to the provisions of this Act, the court, in respect of causes of action, shall have jurisdiction in—
(a)actions in which is claimed the delivery or transfer of any property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette;
(b)actions of ejectment against the occupier of any premises or land within the district: Provided that, where the right of occupation of any such premises or land is in dispute between the parties, such right does not exceed the amount determined by the Minister from time to time by notice in the Gazette in clear value to the occupier;
(c)actions for the determination of a right of way, notwithstanding the provisions of section 46;
(d)actions on or arising out of a liquid document or a mortgage bond, where the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
(e)actions on or arising out of any credit agreement as defined in section 1 of the Credit Agreements Act, 1980 (Act No. 75 of 1980), where the claim or the value of the property in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
(f)actions in terms of section 16 (1) of the Matrimonial Property Act, 1984, where the claim or the value of the property in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette;
(fA)actions, including an application for liquidation, in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);[paragraph (fA) inserted by section 2 of Act 132 of 1993]
(g)actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette.
(2)In subsection (1) 'action' includes a claim in reconvention.
[section 29 amended by section 13 of Act 40 of 1952, by section 39 of Act 68 of 1957, by section 3 of Act 19 of 1963 and by section 10 of Act 53 of 1970, substituted by section 27 of Act 94 of 1974, amended by section 1(a), (b), (c), (d) and (e) of Act 56 of 1984, by section 35 of Act 88 of 1984 and substituted by section 3 of Act 25 of 1987]

29A. Jurisdiction in respect of appeals against decisions of Black chiefs, headmen and chiefs' deputies

(1)If a party appeals to a magistrate's court in terms of the provisions of section 12 (4) of the Black Administration Act, 1927 (Act No. 38 of 1927), the said court may confirm, alter or set aside the judgment after hearing such evidence as may be tendered by the parties to the dispute, or as may be deemed desirable by the court.
(2)A confirmation, alteration or setting aside in terms of subsection (1), shall be deemed to be a decision of a magistrate's court for the purposes of the provisions of Chapter XI.
[section 29A inserted by section 2 of Act 34 of 1986]

30. Arrests and interdicts

(1)Subject to the limits of jurisdiction prescribed by this Act, the court may grant against persons and things orders for arrest tanquam suspectus de fuga, attachments, interdicts and mandamenten van spolie.
(2)Confirmation by the court of any such attachment or interdict in the judgment in the action shall operate as an extension of the attachment or interdict until execution or further order of the court.
(3)No order of personal arrest tanquam suspectus de fuga shall be made unless—
(a)the cause of action appears to amount, exclusive of costs, to at least forty rand;[paragraph (a) amended by section 4 of Act 19 of 1963]
(b)the applicant appears to have no security for the debt or only security falling short of the amount of the debt by at least forty rand; and[paragraph (b) amended by section 4 of Act 19 of 1963]
(c)it appears that the respondent is about to remove from the Republic.[paragraph (c) amended by section 11 of Act 53 of 1970]

30bis. Attachment to found or confirm jurisdiction

The court may order attachment of person or property to found or confirm jurisdiction against any person who does not reside in the Republic, in respect of an action within its jurisdiction, where the claim or the value of the matter in dispute amounts to at least forty rand, exclusive of any costs in respect of the recovery thereof, and may grant an order allowing service of any process in such action to be effected in such manner as may be stated in such order.[section 30bis inserted by section 8(1) of Act 80 of 1964]

31. Automatic rent interdict

(1)When a summons is issued in which is claimed the rent of any premises, the plaintiff may include in such summons a notice prohibiting any person from removing any of the furniture or other effects thereon which are subject to the plaintiff’s hypothec for rent until an order relative thereto has been made by the court.
(2)The messenger shall, if required by the plaintiff and at such plaintiff’s expense, make an inventory of such furniture or effects.
(3)Such notice shall operate to interdict any person having knowledge thereof from removing any such furniture or effects.
(4)Any person affected by such notice may apply to the court to have the same set aside.

32. Attachment of property in security of rent

(1)Upon an affidavit by or on behalf of the landlord of any premises situate within the district, that an amount of rent not exceeding the jurisdiction of the court is due and in arrear in regard to the said premises, and that the said rent has been demanded in writing for the space of seven days and upwards, or, if not so demanded, that the deponent believes that the tenant is about to remove the movable property upon the said premises, in order to avoid the payment of such rent, and upon security being given to the satisfaction of the clerk to the court to pay all damages, costs and charges which the tenant of such premises, or any other person, may sustain or incur by reason of the attachment hereinafter mentioned, if the said attachment be thereafter set aside, the court may, upon application, issue an order to the messenger requiring him to attach so much of the movable property upon the premises in question and subject to the landlord’s hypothec for rent as may be sufficient to satisfy the amount of such rent, together with the costs of such application and of any action for the said rent.
(2)Any person affected by such order may apply to have it set aside.
(3)A respondent whose property has been so attached may by notice in writing to the clerk of the court admit that such property is subject to the landlord’s hypothec for an amount to be specified in such notice and may consent that such property (other than property protected from seizure by the provisions of section sixty-seven) be sold in satisfaction of such amount and costs; and such notice shall have the same effect as a consent to judgment for the amount specified.

33. Curator ad litem

The court may appoint a curator ad litem in any case in which such a curator is required or allowed by law for a party to any proceedings brought or to be brought before the court.

34. Assessors

In any action the court may, upon the application of either party, summon to its assistance one or two persons of skill and experience in the matter to which the action relates who may be willing to sit and act as assessors in an advisory capacity.

35. Transfer from one court to another

(1)An action or proceeding may, with the consent of all the parties thereto, or upon the application of any party thereto, and upon its being made to appear that the trial of such action or proceeding in the court wherein summons has been issued may result in undue expense or inconvenience to such party, be transferred by the court to any other court.
(2)An interpleader summons, if issued in the court of the district in which the property was attached, may, at the discretion of the court, be remitted for trial to the court in which the judgment was given.
(3)An action commenced in a periodical court may, at the discretion of the court, be transferred to the court of the district, or (subject to the provisions of paragraph (b) of section twenty-seven) vice versa.

36. What judgments may be rescinded

The court may, upon application by any person affected thereby, or, in cases falling under paragraph (c), suo motu—
(a)rescind or vary any judgment granted by it in the absence of the person against whom that judgment was granted;
(b)rescind or vary any judgment granted by it which was void ab origine or was obtained by fraud or by mistake common to the parties;
(c)correct patent errors in any judgment in respect of which no appeal is pending;
(d)rescind or vary any judgment in respect of which no appeal lies.

37. Incidental jurisdiction

(1)In actions wherein the sum claimed, being within the jurisdiction, is the balance of an account, the court may enquire into and take evidence if necessary upon the whole account, even though such account contains items and transactions exceeding the amount of the jurisdiction.
(2)Where the amount claimed or other relief sought is within the jurisdiction, such jurisdiction shall not be ousted merely because it is necessary for the court, in order to arrive at a decision, to give a finding upon a matter beyond the jurisdiction.
(3)In considering whether a claim is or is not within the jurisdiction, no prayer for interest on the principal sum claimed or for costs or for general or alternative relief shall be taken into account.

38. Abandonment of part claim

(1)In order to bring a claim within the jurisdiction, a plaintiff may in his summons or at any time thereafter explicitly abandon part of such claim.
(2)If any part of a claim be so abandoned it shall thereby be finally extinguished: Provided that, if the claim be upheld in part only, the abandonment shall be deemed first to take effect upon that part of the claim which is not upheld.

39. Deduction of admitted debt

In order to bring a claim within the jurisdiction a plaintiff may, in his summons or at any time after the issue thereof, deduct from his claim, whether liquidated or unliquidated, any amount admitted by him to be due by himself to the defendant.

40. Splitting of claims disallowed

A substantive claim exceeding the jurisdiction may not be split with the object of recovering the same in more than one action if the parties to all such actions would be the same and the point at issue in all such actions would also be the same.

41. Joinder of plaintiffs

(1)Any number of persons, each of whom has a separate claim against the same defendant, may join as plaintiffs in one action if their right to relief depends upon the determination of some question of law or fact which if separate actions were instituted would arise in each action: Provided that if such joint action be instituted the defendant may apply to court for an order directing that separate trials be held and the court in its discretion may make such order as it deems just and expedient.
(2)In any joint action instituted as aforesaid judgment may be given for such one or more of the plaintiffs as may be found entitled to relief.
(3)If all the plaintiffs fail in any such action, the court may make such order as to costs as to it may seem just; in particular, it may order that the plaintiffs pay the costs of the defendant jointly and severally, the one paying the other to be absolved, and that if one plaintiff pays more than his pro rata share of the costs of the defendant, he shall be entitled to recover from the other plaintiffs their pro rata share of such excess.
(4)If some of the plaintiffs succeed and others fail, the court may make such order as to costs as it may deem just.

42. Joinder of defendants

(1)Several defendants may be sued in the alternative or both in the alternative and jointly in one action, whenever it is alleged by the plaintiff that he has suffered damages and that it is uncertain which of the defendants is in law responsible for such damages: Provided that on the application of any of the defendants the court may in its discretion order that separate trials be held, or make such other order as it may deem just and expedient.
(2)If judgment is given in favour of any defendant or if any defendant is absolved from the instance, the court may make such order as to costs as to it may seem just; in particular, it may order—
(a)the plaintiff to pay such defendant’s costs; or
(b)the unsuccessful defendants to pay the costs of the successful defendant jointly and severally, the one paying the other to be absolved, and that if one of the unsuccessful defendants pays more than his pro rata share of the costs of the successful defendant, he shall be entitled to recover from the other unsuccessful defendants their pro rata share of such excess, and the court may further order that if the successful defendant is unable to recover the whole or any part of his costs from the unsuccessful defendants, he shall be entitled to recover from the plaintiff such part of his costs as he cannot recover from the unsuccessful defendants.
(3)If judgment is given in favour of the plaintiff against more than one of the defendants the court may make such order as to costs as to it may seem just; in particular it may order those defendants against whom it gives judgment to pay the plaintiff’s costs jointly and severally, the one paying the other to be absolved, and that if one of the unsuccessful defendants pays more than his pro rata share of the costs of the plaintiff he shall be entitled to recover from the other unsuccessful defendants their pro rata share of such excess.

43. Jurisdiction cumulative

(1)If two or more claims, each based upon a different cause of action, are combined in one summons, the court shall have the same jurisdiction to decide each such claim as it would have had if each, claim had formed the sole subject of a separate action.
(2)If a claim for the confirmation of an interdict or arrest granted pendente lite be joined in the same summons with a claim for relief of any other character, the court shall have the same jurisdiction to decide each such claim as it would have had if each claim had formed the sole subject of a separate action, even though all the claims arise from the same cause of action.

44. Application of sections 34, 35 and 37 to 43 inclusive to claims in reconvention

In sections thirty-four, thirty-five and thirty-seven to forty-three inclusive, "action", "claim" and "summons" include "claim in reconvention", and "plaintiff" and "defendant" include "plaintiff in reconvention" and "defendant in reconvention" respectively.

45. Jurisdiction by consent of parties

(1)Subject to the provisions of section forty-six, the court shall have jurisdiction to determine any action or proceeding otherwise beyond the jurisdiction, if the parties consent in writing thereto: Provided that no court other than a court having jurisdiction under section twenty-eight shall, except where such consent is given specifically with reference to particular proceedings already instituted or about to be instituted in such court, have jurisdiction in any such matter.
(2)Any provision in a contract existing at the commencement of the Act or thereafter entered into, whereby a person undertakes that, when proceedings have been or are about to be instituted, he will give such consent to jurisdiction as is contemplated in the proviso to sub-section (1), shall be null and void.

46. Matters beyond the jurisdiction

(1)Subject to the provisions of the Indian Immigration Law, No. 25 of 1891 of Natal; the court shall have no jurisdiction in matters in which the dissolution of a marriage or separation from bed and board or of goods of married persons is sought.
(2)A court shall have no jurisdiction in matters—
(a)in which the validity or interpretation of a will or other testamentary document is in question;
(b)in which the status of a person in respect of mental capacity is sought to be affected;
(c)in which is sought specific performance without an alternative of payment of damages, except in—
(i)the rendering of an account in respect of which the claim does not exceed the amount determined by the Minister from time to time by notice in the Gazette;[subparagraph (i) substituted by section 4 of Act 25 of 1987]
(ii)the delivery or transfer of property, movable or immovable, not exceeding in value the amount determined by the Minister from time to time by notice in the Gazette; and[subparagraph (ii) substituted by section 4 of Act 25 of 1987]
(iii)the delivery or transfer of property, movable or immovable, exceeding in value the amount determined by the Minister from time to time by notice in the Gazette, where the consent of the parties has been obtained in terms of section 45;[subparagraph (iii) substituted by section 4 of Act 25 of 1987]
[paragraph (c) amended by section 5 of Act 19 of 1963, substituted by section 28 of Act 94 of 1974 and by section 2 of Act 56 of 1984]
(d)in which is sought a decree of perpetual silence.

47. Counterclaim exceeding jurisdiction

(1)When in answer to a claim within the jurisdiction the defendant sets up a counterclaim exceeding the jurisdiction, the claim shall not on that account be dismissed; but the court may, if satisfied that the defendant has prima facie a reasonable prospect on his counterclaim of obtaining, a judgment in excess of its jurisdiction, stay the action for a reasonable period in order to enable him to institute an action in a competent court. The plaintiff in the magistrate’s court may (notwithstanding his action therein) counterclaim in such competent court and in that event all questions as to the costs incurred in the magistrate’s court shall be decided by that competent court.
(2)If the period for which such action has been stayed has expired and the defendant has failed to issue and serve a summons in a competent court in relation to the matters and the subject of such counterclaim the magistrate’s court shall on application either—
(a)stay the action for a further reasonable period; or
(b)dismiss the counterclaim (whether the defendant does or does not reduce such counterclaim to an amount within the jurisdiction of the court).
(3)If the defendant has failed to institute action within such further period or if the action instituted by the defendant be stayed, dismissed, withdrawn, or abandoned, or if the competent court has granted absolution from the instance thereon, the magistrate’s court shall, upon application, dismiss the counterclaim and shall proceed to determine the claim.

48. Judgment

The court may, as a result of the trial of an action, grant—
(a)judgment for the plaintiff in respect of his claim in so far as he has proved the same;
(b)judgment for the defendant in respect of his defence in so far as he has proved the same;
(c)absolution from the instance, if it appears to the court that the evidence does not justify the court in giving judgment for either party;
(d)such judgment as to costs (including costs as between attorney and client) as may be just;[paragraph (d) substituted by section 3 of Act 48 of 1965]
(e)an order, subject to such conditions as the court thinks fit, against the party in whose favour judgment has been given suspending wholly or in part the taking of further proceedings upon the judgment for a specified period pending arrangements by the other party for the satisfaction of the judgment.[paragraph (e) substituted by section 12 of Act 53 of 1970]

49. Cession of costs

Costs awarded in interlocutory proceedings shall not be ceded without the consent of the court awarding such costs.

50. Removal of actions from court to provincial or local division

(1)Any action in which the amount of the claim exceeds the amount determined by the Minister from time to time by notice in the Gazette, exclusive of interest and costs, may, upon application to the court by the defendant, or if there is more than one defendant, by any defendant, be removed to the provincial or local division having jurisdiction where the court is held, subject to the following provisions—
(a)notice of intention to make such application shall be given to the plaintiff, and to other defendants (if any) before the date on which the action is set down for hearing;
(b)the notice shall state that the applicant objects to the action being tried by the court or any magistrate’s court;
(c)the applicant shall give such security as the court may determine and approve, for payment of the amount claimed and such further amount to be determined by the court not exceeding the amount determined by the Minister from time to time by notice in the Gazette, for costs already incurred in the action and which may be incurred in the said provincial or local division.[paragraph (c) substituted by section 5(b) of Act 25 of 1987]
Upon compliance by the applicant with those provisions, all proceedings in the action in the court shall be stayed, and the action and all proceedings therein shall, if the plaintiff so requires, be as to the defendant or defendants, forthwith removed from the court into the provincial or local division aforesaid having jurisdiction. Upon the removal, the summons in the court shall, as to the defendant or defendants, stand as the summons in the division to which the action is removed, the return date thereof being the date of the order of removal in an action other than one founded on a liquid document, and, in an action founded on a liquid document, being such convenient day on which the said division sits for the hearing of provisional sentence cases, as the court may order: Provided that the plaintiff in the action may, instead of requiring the action to be so removed, issue a fresh summons against the defendant or defendants in any competent court and the costs already incurred by the parties to the action shall be costs in the cause.[subsection (1) amended by section 6 of Act 19 of 1963 and by section 5(a) of Act 25 of 1987]
(2)If the plaintiff is successful in an action so removed to a provincial or local division, he may be awarded costs as between attorney and client.

Chapter VII
Witnesses and evidence

51. Modes of procuring attendance of witnesses and penalty for non-attendance

(1)Any party to any civil action or other proceeding where the attendance of witnesses is required may procure the attendance of any witness (whether residing or for the time being within the district or not) in the manner in the rules provided.
(2)
(a)If any person, being duly subpoenaed to give evidence or to produce any books, papers or documents in his possession or under his control which the party requiring his attendance desires to show in evidence, fails, without lawful excuse, to attend or to give evidence or to produce those books, papers or documents according to the subpoena or, unless duly excused, fails to remain in attendance throughout the trial, the court may, upon being satisfied upon oath or by the return of the messenger that such person has been duly subpoenaed and that his reasonable expenses, calculated in accordance with the tariff prescribed under section 51bis, have been paid or offered to him, impose upon the said person a fine not exceeding R300, and in default of payment, imprisonment for a period not exceeding three months, whether or not such person is otherwise subject to the jurisdiction of the court.[paragraph (a) amended by section 7 of Act 19 of 1963, by section 9(1) of Act 80 of 1964, by section 5 of Act 91 of 1977 and substituted by section 2 of Act 19 of 1985]
(b)If any person so subpoenaed fails to appear or, unless duly excused, to remain in attendance throughout the trial the court may also, upon being satisfied as aforesaid and in case no lawful excuse for such failure seems to the court to exist, issue a warrant for his appre­hension in order that he may be brought up to give his evidence and to be otherwise dealt with according to law, whether or not such person is otherwise subject to the jurisdiction of the court.
(c)The court may, on cause shown, remit the whole or any part of any fine or imprisonment which it has imposed under this sub-section.
(d)The court may order the costs of any postponement or adjournment occasioned by the default of a witness or any portion of such costs to be paid out of any fine imposed upon such witness.
(3)Notwithstanding anything in this section contained, when a subpoena is issued to procure the attendance of a judicial officer to give evidence or to produce any book, paper or document in a criminal case, civil action or other proceeding, if it appears—
(i)that he is unable to give any evidence or to produce any book, paper or document which would be relevant to any issue in such case, action or proceedings; or
(ii)that such book, paper or document could properly be produced by some other person; or
(iii)that the compelling of his attendance would be an abuse of the process of the court,
the court may, after reasonable notice to the party suing out the subpoena, make an order cancelling such subpoena.

51bis. Witness fees

(1)The Minister may in consultation with the Minister of Finance from time to time by notice in the Gazette prescribe a tariff of allowances which shall be paid to a witness in civil procceedings or to any person necessarily required to accompany any such witness on account of his youth or infirmity due to old age or any other infirmity.
(2)Such notice may differentiate between persons according to the distances which they have to travel to attend the court to which they are summoned or subpoenaed or according to their professions, callings or occupations or between different classes of persons, and may empower such officers in the service of the State as may be specified therein, in cases where payment of allowances in accordance with the tariffs so prescribed may cause undue hardship, to order payment of allowances in accordance with a higher tariff than the tariff so prescribed.
(3)Notwithstanding anything to the contrary in any law contained, the court may order that no allowances or only a portion of the allowances prescribed shall be paid to any witness.
[section 51bis inserted by section 10 of Act 80 of 1964]

52. Interrogatories

(1)Whenever a witness resides or is in a district other than that wherein the case is being heard, the court may, if it appears to be consistent with the ends of justice, upon the application of either party approve of such interrogatories as either party shall desire to have put to such witness and shall transmit the same, together with any further interrogatories framed by the court, to the court of the district within which such witness resides or is.
(2)The last-mentioned court shall thereupon subpoena such witness to appear and upon his appearance shall take his evidence in manner and form as if he were a witness in a case pending before that court, and shall put to the witness the said interrogatories and such other questions as may seem to it necessary to obtain full and true answers to the interrogatories and shall record the evidence of the witness and shall transmit such record to the court in which such case is pending. The said record shall (subject to all lawful objections) be received as evidence in that case.
(3)Every witness so subpoenaed to appear shall be liable to the like penalties in case of non-attendance or failure to give evidence or to produce books, papers or documents as if he had been subpoenaed to give (evidence in the court of the district in which he resides or is.

53. Commissions de bene esse

(1)The court may in any case which is pending before it, where it may be expedient and consistent with the ends of justice to do so, appoint a person to be a commissioner to take evidence of any witness, whether within the Republic or elsewhere, upon the request of one of the parties to such case and after due notice to the other party.[subsection (1) amended by section 13 of Act 53 of 1970]
(2)The person so appointed shall put to such witness such questions as have been transmitted to him on agreement between the parties, or otherwise shall allow the parties to examine such witness, and may himself examine such witness as if the witness were being examined in court, and shall record the evidence or cause it to be recorded, whereupon the evidence recorded shall be read over to the witness and shall be signed by him.[subsection (2) amended by section 14 of Act 40 of 1952]
(3)The said record shall (subject to all lawful objections) be received as evidence in the case.

54. Pre-trial procedure for formulating issues

(1)The court may at any stage in any legal proceedings in its discretion suo motu or upon the request in writing of either party direct the parties or their representatives to appear before it in chambers for a conference to consider—
(a)the simplification of the issues;
(b)the necessity or desirability of amendments to the pleadings;
(c)the possibility of obtaining admissions of fact and of documents with a view to avoiding unnecessary proof.
(d)the limitation of the number of expert witnesses;
(e)such other matters as may aid in the disposal of the action in the most expeditious and least costly manner.
(2)The court shall make an order which recites the action taken at the' conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of the parties or their representatives.
(3)Such order shall be binding on the parties unless altered at the trial to prevent manifest injustice.
(4)If a party refuses or neglects to appear at the conference the court may, without derogation from its power to punish for contempt of court, make such order as it considers equitable in the circumstances and upon conclusion of the proceedings may order the party who has so absented himself to pay such costs as in the opinion of the court were incurred as a result of the said absence.
(5)The Court may make such order as to the costs of any proceedings under this section as it deems fit.

54A. ***

[section 54A inserted by section 2 of Act 34 of 1986 and repealed by section 2 of Act 45 of 1988]

Chapter VIII
Recovery of debts

55. Definition

In this Chapter, unless the context otherwise indicates—"debt" means any liquidated sum of money due.

56. Recovery of costs of letter of demand

If any person (in this section called the debtor) pays any debt due by him to any other person (in this section called the creditor) after the creditor has caused a registered letter of demand to be sent to the debtor through an attorney demanding payment of the debt, the creditor shall be entitled to recover from the debtor the fees and costs prescribed in the rules for a registered letter of demand: Provided that the amount of such fees and costs was stated in the letter of demand.

57. Admission of liability and undertaking to pay debt in instalments or otherwise

(1)If any person (in this section called the defendant) has received a letter of demand or has been served with a summons demanding payment of any debt, the defendant may in writing—
(a)admit liability to the plaintiff for the amount of the debt and costs claimed in the letter of demand or summons or for any other amount;
(b)offer to pay the amount of the debt and costs for which he admits liability, in instalments or otherwise;
(c)undertake on payment of any instalment in terms of his offer to pay the collection fees for which the plaintiff is liable in respect of the recovery of such instalment; and
(d)agree that in the event of his failure to carry out the terms of his offer the plaintiff shall, without notice to the defendant, be entitled to apply for judgment for the amount of the outstanding balance of the debt for which he admits liability, with costs, and for an order of court for payment of the judgment debt and costs in instalments or otherwise in accordance with his offer,
and if the plaintiff or his attorney accepts the said offer, he shall advise the defendant of such acceptance in writing by registered letter.
(2)If, after having been advised by the plaintiff or his attorney in writing that his offer has been accepted, the defendant fails to carry out the terms of his offer, the clerk of the court shall, upon the written request of the plaintiff or his attorney accompanied by—
(a)if no summons has been issued, a copy of the letter of demand;
(b)the defendant’s written acknowledgment of debt and offer and a copy of the plaintiff’s or his attorney’s written acceptance of the offer;
(c)an affidavit or affirmation by the plaintiff or a certificate by his attorney stating in what respects the defendant has failed to carry out the terms of his offer and, if the defendant has made any payments since the date of the letter of demand or summons, showing how the balance claimed is arrived at—
(i)enter judgement in favour of the plaintiff for the amount or the outstanding balance of the amount of the debt for which the defendant has admitted liability, with costs; and
(ii)order the defendant to pay the judgment debt and costs in specified instalments or otherwise in accordance with his offer, and such order shall be deemed to be an order of the court mentioned in section 65A(1).
(3)When the judgment referred to in subsection (2) has been entered and an order made, and if the judgment debtor was not present or represented when the judgment was entered by the clerk of the court and the order made, the judgment creditor or his attorney shall forthwith advise the judgment debtor by registered letter of the terms of the judgment and order and of the consequences of his failure to satisfy them.
(4)Any judgment entered in favour of the plaintiff under subsection (2) shall have the effect of a judgment by default.

58. Consent to judgement or to judgment and an order for payment of judgment debt in instalments

(1)If any person (in this section called the defendant), upon receipt of a letter of demand or service upon him of a summons demanding payment of any debt, consents in writing to judgment in favour of the creditor (in this section called the plaintiff) for the amount of the debt and the costs claimed in the letter of demand or summons, or for any other amount, the clerk of the court shall, on the written request of the plaintiff or his attorney accompanied by—
(a)if no summons has been issued, a copy of the letter of demand; and
(b)the defendant’s written consent to judgment,
(i)enter judgment in favour of the plaintiff for the amount of the debt and the costs for which the defendant has consented to judgment; and
(ii)if it appears from the defendant’s written consent to judgment that he has also consented to an order of court for payment in specified instalments or otherwise of the amount of the debt and costs in respect of which he has consented to judgment, order the defendant to pay the judgment debt and costs in specified instalments or otherwise in accordance with his consent, and such order shall be deemed to be an order of the court mentioned in section 65A(1).
(2)The provisions of section 57(3) and (4) shall apply in respect of the judgment and court order referred to in subsection (1) of this section.

58A. Judgment by default shall be deemed to be judgment of court

Any judgment by default entered in terms of this Act by the clerk of the court, shall be deemed to be a judgment of the court.[section 58A inserted by section 6 of Act 25 of 1987]

59. Written request constitutes first document in an action

If no summons is issued in an action the written request referred to in sections 57(2) and 58(1) shall constitute the first document to be filed in the action and shall contain the particulars prescribed in the rules.

60. Prohibition of recovery of fees or remuneration by certain persons in connection with the collection of debts

(1)Unless expressly otherwise provided in this Act or the rules no person other than an attorney or an agent referred to in section 22 shall be entitled to recover from the debtor any fees or remuneration in connection with the collection of any debt.[subsection (1), previously unnumbered, numbered by section 2 of Act 4 of 1991]
(2)Any person who contravenes any provision of subsection (1), shall be guilty of an offence and on conviction be liable to a fine not exceeding R4 000, or, in default of payment, to imprisonment for a period not exceeding 12 months, or to both such fine and such imprisonment.[subsection (2) added by section 2 of Act 4 of 1991]
[Chapter VIII amended  by section 8, 9(a) and 9(b) of Act 19 of 1963, by section 14 and 15 of Act 53 of 1970 and substituted by section 1 of Act 63 of 1976]

Chapter IX
Execution

61. Definitions

In this Chapter—"emoluments" includes—(i)salary, wages or any other form of remuneration;and(ii)any allowances,whether expressed in money or not; and"debts" includes any income from whatever source other than emoluments.

62. Power to grant or set aside a warrant

(1)Any court which has jurisdiction to try an action shall have jurisdiction to issue against any party thereto any form of process in execution of its judgment in such action.
(2)A court (in this sub-section called a second court), other than the court which gave judgment in an action, shall have jurisdiction on good cause shown to stay any warrant of execution or arrest issued by another court against a party who is subject to the jurisdiction of the second court.
(3)Any court may, on good cause shown, stay or set aside any warrant of execution or arrest issued by itself, including an order under section seventy-two.

63. Execution to be issued within three years

Execution against property may not be issued upon a judgment after three years from the day on which it was pronounced or on which the last payment in respect thereof was made, except upon an order of the court in which judgment was pronounced or of any court having jurisdiction, in respect of the judgment debtor, on the application and at the expense of the judgment creditor, after due notice to the judgment debtor to show cause why execution should not be issued.

64. Execution in case of judgment debt ceded

Any person who has, either by cession or by operation of law, become entitled to the benefit of a judgment debt may, after notice to the judgment creditor, and the judgment debtor, be substituted on the record for the judgment creditor and may obtain execution in the manner provided for judgment creditors.

65. Offer by judgment debtor after judgment

If at any time after a court has given judgment for the payment of a sum of money and before the issue of a notice under section 65A (1), the judgment debtor makes a written offer to the judgment creditor to pay the judgment debt in specified instalments or otherwise and such offer is accepted by the judgment creditor or his attorney, the clerk of the court shall, at the written request of the judgment creditor or his attorney, accompanied by the offer, order the judgment debtor to pay the judgment debt in specified instalments or otherwise in accordance with his offer, and such order shall be deemed to be an order of the court mentioned in section 65A(1).[section 65 substituted by section 15 of Act 40 of 1952, amended by section 1(a), (b), (c) and (d) of Act 14 of 1954, by section 20 of Act 50 of 1956, by section 10 of Act 19 of 1963, by section 30 of Act 70 of 1968, by section 2 of Act 17 of 1969 and substituted by section 2 of Act 63 of 1976]

65A. Notice to judgment debtor if judgment remains unsatisfied

(1)If a court has given judgment for the payment of a sum of money or has ordered the payment in specified instalments or otherwise of such an amount, and such judgment or order has remained unsatisfied for a period of 10 days from the date on which it was given or on which such an amount became payable or from the expiry of the period of suspension ordered in terms of section 48 (e), as the case may be, the judgment creditor may issue, from the court of the district in which the judgment debtor resides, carries on business or is employed, or if the judgment debtor is a juristic person, from the court of the district in which the registered office or main place of business of the juristic person is situate, a notice calling upon the judgment debtor or, if the judgment debtor is a juristic person, a director or officer of the juristic person as representative of the juristic person and in his personal capacity, to appear before the court in chambers on a date specified in such notice to show cause why he should not be committed for contempt of court and why the judgment debtor should not be ordered to pay the judgment debt in instalments or otherwise.
(2)If the minutes of the proceedings do not show that the judgment debtor was present in person or represented by any person when judgment was given, no notice under subsection (1) shall be issued unless the judgment creditor or his attorney provides proof to the satisfaction of the clerk of the court that he has advised the judgment debtor by registered letter of the terms of the judgment or of the expiry of the period of suspension ordered under section 48 (e), as the case may be, and of the consequences of his failure to satisfy the judgment, and a period of 10 days has elapsed since the date on which the said letter was posted.
(3)The court may, at any stage of the proceedings, if a director or officer mentioned in subsection (1) ceases to be a director or officer of the juristic person concerned or absconds, at the request of the judgment creditor, from time to time replace such director or officer by any other person who at the time of such replacement may be a director or officer of the juristic person, and the proceedings shall then continue as if there has been no replacement.
(4)If the court has given judgment for the payment of an amount of money in instalments, no notice under subsection (1) shall be issued unless the judgment creditor has delivered an affidavit or affirmation or his attorney has delivered a certificate to the clerk of the court in which is mentioned the outstanding balance of the judgment debt, in what respects the judgment debtor has failed to comply with the court order, to what extent he is in arrear with the payment of the instalments and that the judgment debtor was advised by registered letter of the terms of the judgment and of the consequences of his failure to satisfy it.
[section 65A inserted by section 2 of Act 63 of 1976]

65B. Drawing up and service of notice on judgment debtor

The notice referred to in section 65A (1) shall be drawn up by the judgment creditor or his attorney, shall be signed by the judgment creditor or his attorney and the clerk of the court and shall be served by the messenger of the court on the judgment debtor or, if the judgment debtor is a juristic person, on the director or officer summonsed as the representative of the juristic person and in his personal capacity, in the manner prescribed by the rules for the service of process in general and at least 7 days before the date specified therein for the hearing of the proceedings.[section 65B inserted by section 2 of Act 63 of 1976]

65C. Joinder of proceedings

If, under section 65A (1), two or more notices have been served on any judgment debtor or director or officer to show cause on the same day as provided in that section, the proceedings in terms of such notices may be heard concurrently.[section 65C inserted by section 2 of Act 63 of 1976]

65D. Determination of judgment debtor’s financial position

(1)On the appearance before the court of the judgment debtor or, if the judgment debtor is a juristic person, the director or officer of the juristic person summoned as the representative of the juristic person or in his personal capacity, on the return day of the notice referred to in section 65A (1) or on any date to which the proceedings have been postponed, the court in chambers shall, subject to the provisions of subsection (2) of this section, call upon him to give evidence under oath or affirmation on his financial position or the financial position of the juristic person, as the case may be, and the court shall permit the examination or cross-examination of the judgment debtor or the said director or officer on all matters relevant to the judgment debtor’s financial position and his ability to pay the judgment debt and his failure to do so, and the court shall receive such further evidence as may be adduced either orally or by affidavit or such other manner as the court may deem just, by or on behalf of either the judgment debtor or the judgment creditor, as is material to the determination of the judgment debtor’s financial position and his ability to pay the judgment debt and his failure so to do, and for the purposes of such evidence witnesses may be summoned in the manner prescribed in the rules.
(2)The court may at any time in the presence of the judgment debtor or the said director or officer postpone the proceedings to such date as the court may determine.
(3)When postponing the proceedings under subsection (2) the court—
(a)shall inform the judgment debtor or the director or officer concerned of the provisions of section 65E (1) (c);
(b)may order the judgment debtor or the director or officer to produce such documents as the court may specify at the hearing on the date determined by the court; and
(c)may determine such conditions as it may deem fit.
(4)In determining the ability of the judgment debtor to satisfy the judgment the court shall take into consideration—
(a)in the case of a judgment debtor who is a natural person, the nature of his income, the amounts needed by him for his necessary expenses and those of the persons dependent on him, and for the making of periodical payments which he is obliged to make in terms of an order of court, agreement or otherwise in respect of his other commitments as disclosed in the evidence presented at the hearing of the proceedings; or
(b)in the case of a judgment debtor who is a juristic person, the amounts required by such juristic person to meet its necessary administrative expenses and for the making of periodical payments which it is obliged to make in terms of an order of court, agreement or otherwise in respect of its other commitments as disclosed in the evidence presented at the hearing of the proceedings.
(5)The court may, in its discretion, refuse to take account of the periodical payments that a judgment debtor has undertaken to make in terms of a hire-purchase agreement for the purchase of goods which have not been exempted from seizure in terms of section 67 or which cannot, in the opinion of the court, be regarded as the judgment debtor’s household requirements.
[section 65D inserted by section 2 of Act 63 of 1976]

65E. Postponement of proceedings pending execution

(1)If at the hearing of the proceedings in terms of a notice under section 65A (1) the court is satisfied—
(a)that the judgment debtor has movable or immovable property which may be attached and sold in order to satisfy the judgment debt or any part thereof, the court may—
(i)authorize the issue of a warrant of execution against such movable or immovable property or such part thereof as the court may deem fit; or
(ii)authorize the issue of such a warrant, together with an order in terms of section 73; or
(b)that there is a debt due to the judgment debtor which may be attached in terms of section 72 to satisfy the judgment debt and costs or a part thereof, the court may authorize the attachment of that debt in terms of that section; or
(c)that the judgment debtor or, if the judgment debtor is a juristic person, the director or officer summoned as representative of the juristic person, at any time after receipt of a notice referred to in section 65A (1), has made an offer in writing to the judgment creditor or his attorney to pay the judgment debt and costs in specified instalments or otherwise, whether by way of an emoluments attachment order or otherwise, or, if such an offer has not been made, that the judgment debtor is able to pay the judgment debt and costs in reasonable instalments, the court may order the judgment debtor to pay the judgment debt and costs in specified instalments and, if the judgment debtor is employed by any person who resides, carries on business or is employed in the district, or if the judgment debtor is employed by the State in the district, in addition authorize the issue of an emoluments attachment order by virtue of section 65J (1) for the payment of the judgment debt and costs by the employer of the judgment debtor,
and postpone the further hearing of the proceedings.
(2)Any authorization under subsection (1) (a) shall, pending the execution of the warrant, serve as an interdict against the alienation of the property concerned by the judgment debtor.
(3)Proceedings postponed under subsection (1) may again be placed on the roll by the judgment creditor or his attorney by notice delivered personally or served by registered letter addressed to the judgment debtor or, if the judgment debtor is a juristic person, to the director or officer summoned as the representative of the juristic person and in his personal capacity and delivered or posted at least 10 days before the day appointed therein for the hearing.
(4)If the judgment creditor issues or causes to be issued a warrant of execution against movable property belonging to any judgment debtor before the hearing of proceedings in terms of a notice under section 65A (1) and a nulla bona return is made, the judgment creditor shall not be entitled to costs in connection with the issue and execution of such warrant unless the court on good cause shown orders otherwise at the hearing of the proceedings.
(5)The court may from time to time suspend, amend or rescind an order for the payment of a judgment debt and costs in specified instalments made in terms of subsection (1) (c) of this section or section 57, 58 or 65.
(6)Upon an order referred to in subsection (1) (c) of this section or section 57, 58 or 65 having been made and if the judgment debtor was not present or represented in court when the order was made, the judgment creditor or his attorney shall forthwith by registered letter advise the judgment debtor of the terms of the order and of consequences of his failure to satisfy it.
[section 65E inserted by section 2 of Act 63 of 1976]

65F. Committal for contempt of court

(1)Subject to the provisions of this section and of sections 65E and 65I, the court may, at the hearing of the proceedings in terms of a notice under section 65A (1), and whether or not the judgment debtor is present or is represented in court, in its discretion grant an order for the committal of the judgment debtor for contempt of court or, if the judgment debtor is a juristic person, of the director or officer of the judgment debtor summoned in his personal capacity, for a period not exceeding 90 days or may in lieu thereof sentence him, in accordance with the provisions of any law relating to prisons, to periodical imprisonment for a period not exceeding 2160 hours for failing to satisfy the judgment, and may authorize the issue of a warrant for his arrest and detention in any prison specified in the warrant.
(2)The court may at any time on good cause shown suspend any such order or sentence or any warrant so issued on such conditions, including conditions relating to the payment of the judgment debt and costs in specified instalments or otherwise out of present means or out of any future emoluments or income, as the court may deem just and reasonable, or may set aside such order, sentence or warrant on payment in full of the said judgment debt and costs.
(3)No order shall be granted and no sentence shall be imposed and no warrant shall be authorized in terms of subsection (1) of this section if the judgment debtor or, if the judgment debtor is a juristic person, the director or officer of the juristic person summoned in his personal capacity, proves to the satisfaction of the court—
(a)that he is under the age of 18 years; or
(b)that before the notice referred to in section 65A (1) was served on him he had in fact been unaware of the judgment or of the expiry of the period of suspension ordered under section 48 (e); or
(c)that he has or, if the judgment debtor is a juristic person, such juristic person has, no means of satisfying the judgment debt and costs either wholly or in part and that such lack of means is not due to the fact that the judgment debtor—
(i)has wilfully disposed of his goods in order to defeat or delay payment of the judgment debt and costs; or
(ii)although he is able to earn sufficient to satisfy the judgment debt and costs in instalments or otherwise to pay such debt and costs, wilfully refuses to do so in order to evade or delay payment of the judgment debt and costs; or
(iii)is squandering his money or is apparently living beyond his means; or
(iv)incurred debts other than for household requirements after the judgment date.
(4)A director or officer summoned as the representative of a juristic person in such representative capacity may on conviction of contempt of court in terms of this section be sentenced to a fine not exceeding R500, which fine shall be payable by the justice person and be recoverable by the attachment and sale of property belonging to the juristic person by warrant in terms of section 288 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and the court may on good cause shown at any time suspend such sentence or warrant on such conditions, including conditions relating to the payment of the judgment debt and costs in specified instalments or otherwise from present means or from any future income of the judgment debtor, as the court may deem just and reasonable, or set aside the sentence or warrant on payment of the full amount of the said judgment debt and costs.[subsection (4) substituted by section 3(a) of Act 19 of 1985]
(5)The provisions of the Criminal Procedure Act, 1977, relating to periodical imprisonment shall mutatis mutandis apply to any periodical imprisonment imposed under this section.[subsection (5) substituted by section 3(b) of Act 19 of 1985]
(6)If any order or warrant referred to in subsection (1) has been suspended and the judgment debtor, or if the judgment debtor is a juristic person, the director or officer of the juristic person summonsed in his personal capacity, has, during the period of suspension, complied with all the conditions specified in the suspension order, the order for the committal of the judgment debtor or the said director or officer, as the case may be, shall not be executed.
(7)If a sentence of a fine imposed on any director or officer of a juristic person under subsection (4) is suspended and the said director or officer has, during the period of suspension, complied with all the conditions specified in the suspension order, the sentence shall not be enforced.
[section 65F inserted by section 2 of Act 63 of 1976]

65G. Non-compliance with conditions of suspension order

(1)If the execution of an order, sentence or warrant has been suspended in terms of section 65F (2) and the judgment debtor or director or officer concerned has failed to comply with the conditions mentioned in the suspension order, the judgment creditor may lodge an affidavit or affirmation or his attorney may lodge a certificate with the clerk of the court specifying in which respects the judgment debtor or director or officer has failed to comply with the conditions of the suspension order and to what extent he is in arrear, and may, subject to the provisions of subsection (2), have the warrant for the arrest and detention of the judgment debtor or the director or officer issued or re-issued without any further order of court.
(2)The court in its discretion may—
(a)if the judgment debtor satisfies the court that his failure to comply with the conditions mentioned in the suspension order in question is due to lack of means and that such lack is not due to circumstances mentioned in section 65F (3) (c); or
(b)if the said director or officer satisfies the court that his failure to comply with the conditions mentioned in the suspension order concerned was not due to any fault of his own,
make an order suspending or further suspending the execution of a warrant referred to in subsection (1) on such conditions relating to the payment, in instalments or otherwise, of the outstanding balance of the judgment debt as the court may deem just and reasonable.
[section 65G inserted by section 2 of Act 63 of 1976]

65H. Warrant for arrest and detention of judgment debtor

A warrant for the arrest and detention of a judgment debtor or, if a judgment debtor is a juristic person, of the director or officer of the juristic person summoned in his personal capacity, shall be prepared by the judgment creditor or his attorney, shall be signed by the judgment creditor or his attorney and the clerk of the court, and shall be executed by the messenger of the court.[section 65H inserted by section 2 of Act 63 of 1976]

65I. Application for administration order has preference

(1)If, before or during the hearing of the proceedings in terms of a notice under section 65A (1) a judgment debtor has lodged or lodges with the court an application for an administration order for hearing on a date not later than the earliest date on which such application may be heard and it appears that he has complied with the provisions of section 74, the court shall postpone the hearing of the proceedings until the application for an administration order has been disposed of.
(2)If a judgment debtor has not lodged or does not lodge with the court an application for an administration order before or during the hearing of such proceedings and it appears at the hearing that the judgment debtor has other debts as well, the court shall consider whether all the judgment debtor’s debts should be treated collectively and if it is of opinion that they should be so treated, it may, with a view to granting an administration order, postpone further hearing of the proceedings to a date determined by the court and order the judgment debtor to submit to the court a full statement of his affairs in the form prescribed in the rules, and containing the particulars for which the said rules make provision and to cause a copy thereof to be delivered by registered post to each of his creditors at least 3 days before the date appointed for the further hearing.
(3)If upon receipt of the statement referred to in subsection (2) it appears that the judgment debtor’s total debts do not exceed the amount determined by the Minister from time to time by notice in the Gazette, the court may grant an administration order under section 74 in respect of the judgment debtor’s estate.[subsection (3) substituted by section 4 of Act 19 of 1985 and by section 7 of Act 25 of 1987]
(4)If the court grants an administration order in respect of the judgment debtor’s estate, it shall stay the proceedings in terms of the notice under section 65A (1), but may grant the judgment creditor costs already incurred in connection with such proceedings, and such costs may be added to the judgment debt.
[section 65I inserted by section 2 of Act 63 of 1976]

65J. Emoluments attachment orders

(1)Whenever—
(a)a court has, under section 65F (2), suspended the execution of any order or warrant for the committal of the judgment debtor pending the payment by him of the judgment debt and costs in specific instalments laid down in the suspension order; or
(b)a court has ordered the judgment debtor to pay the judgment debt and costs in specific instalments laid down in the order; or
(c)notwithstanding the fact that the judgment debtor has served the term of imprisonment or periodical imprisonment imposed by the court for his failure to comply with the order, the judgment debt remains unpaid; or
(d)the judgment debtor has consented thereto in writing; or
(e)the court has so authorized,
the judgment creditor may, subject to the provisions of subsection (2), issue an order (hereinafter called an emoluments attachment order) from the court of the district in which the employer of the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is employed by the State, in which he is employed, attaching the emoluments at present or in future owing or accruing to the judgment debtor by or from such employer (in this section called the garnishee) to the amount necessary to cover the judgment and the costs of the attachment, whether such judgment was obtained in that court or in any other magistrate’s court, and obliging the garnishee to pay from time to time to the judgment creditor or his attorney at the address of such judgment creditor or his attorney specific amounts out of the emoluments of the judgment debtor in accordance with the order of court laying down the specific instalments payable by the judgment debtor, until such judgment debt and costs have been paid in full.
(2)Unless the judgment debtor has consented thereto in writing, or the court has so authorized and such authorization has not been suspended, any emoluments attachment order shall not be issued unless the judgment creditor or his attorney has first—
(a)sent a registered letter to the judgment debtor at his last known address advising him of the amount of the judgment debt and costs as yet unpaid and warning him that an emoluments attachment order will be issued if the said amount is not paid within 7 days of the date on which the said registered letter was posted; and
(b)filed with the clerk of the court an affidavit or affirmation by the judgment creditor or a certificate by his attorney—
(i)setting forth the amount of the judgment debt at the date of the order laying down the specific instalments, the costs, if any, which have accumulated since that date, the payments received since that date and the balance owing, and declaring that the provisions of paragraph (a) have been complied with and giving the date of such compliance; and
(ii)stating, in a case referred to in subsection (1) (c), that the judgment debtor has served the term of imprisonment or the periodical imprisonment imposed by the court.
(3)Any emoluments attachment order shall be prepared by the judgment creditor or his attorney, shall be signed by the judgment creditor or his attorney and the clerk of the court, and shall be served on the garnishee by the messenger of the court in the manner prescribed by the rules for the service of process.[subsection (3) substituted by section 2 of Act 53 of 1983]
(4)Deductions in terms of an emoluments attachment order shall be made, if the emoluments of the judgment debtor are paid monthly, at the end of the month following the month in which it is served on the garnishee, or, if the emoluments of the judgment debtor are paid weekly, at the end of the second week of the month following the month in which it is so served on the garnishee, and all payments thereunder to the judgment creditor or his attorney shall be made monthly with effect from the end of the month following the month in which the said order is served on the garnishee.
(5)An emoluments attachment order may be executed against the garnishee as if it were a court judgment, subject to the right of the judgment debtor, the garnishee or any other interested party to dispute the existence or validity of the order or the correctness of the balance claimed.
(6)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 own and his 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.
(7)Any emoluments attachment order may at any time on good cause shown be suspended, amended or rescinded by the court, and when suspending any such order the court may impose such conditions as it may deem just and reasonable.
(8)
(a)Whenever any judgment debtor to whom an emoluments attachment order relates leaves the service of a garnishee before the judgment debt has been paid in full, such judgment debtor shall forthwith advise the judgment creditor in writing of the name and address of his new employer, and the judgment creditor may cause a certified copy of such emoluments attachment order to be served on the said new employer, together with an affidavit or affirmation by him or a certificate by his attorney specifying the payments received by him since such order was issued, the costs, if any, incurred since the date on which that order was issued and the balance outstanding.
(b)An employer on whom a certified copy referred to in paragraph (a) has been so served, shall thereupon be bound thereby and shall then be deemed to have been substituted for the original garnishee, subject to the right of the judgment debtor, the garnishee or any other interested party to dispute the existence or validity of the order and the correctness of the balance claimed.
(9)
(a)Whenever any judgment debtor to whom an emoluments attachment order relates leaves the service of the garnishee before the judgment debt has been paid in full and becomes self-employed or is employed by someone else he shall, or shall pending the service of the emoluments attachment order on his new employer, again be obliged to comply with the relevant order referred to in subsection 1 (a) or (b) and may, subject to the provisions of section 65G, be committed for contempt of court for failing to comply with the said order.
(b)The provisions of section 65A shall apply mutatis mutandis to any failure contemplated in paragraph (a) in respect of which the judgment debtor may be so committed.
(10)Any garnishee may, in respect of the services rendered by him 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 from the judgment debtor’s emoluments by deducting such commission from the amount payable to the judgment creditor.
[section 65J inserted by section 2 of Act 63 of 1976]

65K. Orders as to costs relating to certain proceedings

(1)Unless at the hearing of any proceedings in terms of a notice under section 65A (1) it appears to the court that the judgment debtor, after learning of the judgment upon which such proceedings were founded, made an offer to pay the judgment debt in instalments which the court deems reasonable, or notified the judgment creditor that he was not able to make an offer and the court finds this to be true, the court may order the judgment debtor to pay the costs of such proceedings, but if it appears that the judgment creditor refused such offer, the court may order the judgment creditor to pay such costs, including the loss of wages suffered by the judgment debtor through having to appear in court in connection with the proceedings.
(2)At any proceedings for the suspension or rescission of any order or warrant for the committal of a judgment debtor or a director or an officer of any juristic person or of any sentence imposing a fine on any director or officer representing a judgment debtor who is a juristic person, the court may order the judgment debtor to pay the costs of such proceedings, unless it appears that the proceedings were due to any act or omission on the part of the judgment creditor.
(3)The provisions of this section shall not preclude the court from making such order regarding costs as it may deem just in any proceedings in terms of a notice under section 65A (1).
[section 65K inserted by section 2 of Act 63 of 1976]

65L. Releasing of judgment debtor from prison

The officer in charge of a prison shall forthwith release from the prison a judgment debtor or director or an officer of any juristic person—
(a)upon the expiry of the period for which the judgment debtor, director or officer was committed;
(b)when the judgment creditor or his attorney or the messenger of the court certifies in writing that the judgment debt and costs mentioned in the warrant have been paid, or in the case where a court has given judgment for the payment of an amount of money in specified instalments, that the amount of any arrear instalment and costs have been paid, which certificate shall be handed by the judgment creditor or his attorney or the messenger to the officer in charge of the prison as soon as practicable after any such payment;
(c)upon an order given by a judge of the Supreme Court of South Africa or by any judicial officer of the district in which the order for committal was made or of the district in which the prison is situate.
[section 65L inserted by section 2 of Act 63 of 1976]

65M. Enforcement of certain judgments of Supreme Court

If a judgment for the payment of any amount of money has been given by a division of the Supreme Court of South Africa, the judgment creditor may file with the clerk of the court from which the judgment creditor is required to issue a notice in terms of section 65A (1), a certified copy of such judgment and an affidavit or affirmation by the judgment creditor or a certificate by his attorney specifying the amount still owing under the judgment and how such amount is arrived at, and thereupon such judgment, whether or not the amount of such judgment would otherwise have exceeded the jurisdiction of the court, shall have all the effects of a judgment of such court and any proceedings may be taken thereon as if it were a judgment lawfully given in such court in favour of the judgment creditor for the amount mentioned in the affidavit or affirmation or the certificate as still owing under such judgment, subject however to the right of the judgment debtor to dispute the correctness of the amount specified in the said affidavit or affirmation or certificate.[section 65M inserted by section 2 of Act 63 of 1976]

66. Manner of execution

(1)
(a)Whenever a court gives judgment for the payment of money or makes an order for the payment of money in instalments, such judgment, in case of failure to pay such money forthwith, or such order in case of failure to pay any instalment at the time and in the manner ordered by the court, shall be enforceable by execution against the movable property and, if there is not found sufficient movable property to satisfy the judgment or order, or the court, on good cause shown, so orders, then against the immovable property of the party against whom such judgment has been given or such order has been made.
(b)Upon such failure to pay any instalment in accordance with any court order, execution may be effected in respect of the whole of the judgment debt and of costs then still unpaid, unless the court, on the application of the party that is liable, orders otherwise.
[subsection (1) amended by section 16 of Act 40 of 1952 and substituted by section 3(a) of Act 63 of 1976]
(2)No immovable property which is subject to any claim preferent to that of the judgment creditor shall be sold in execution unless—
(a)the judgment creditor has caused such notice in writing of the intended sale in execution to be served personally upon the preferent creditor as may be prescribed by the rules; or
(b)the magistrate or an additional or assistant magistrate of the district in which the property is situate has, upon the application of the judgment creditor and after enquiry into the circumstances of the case, directed what steps shall be taken to bring the intended sale to the notice of the preferent creditor, and those steps have been carried out,
and unless
(c)the proceeds of the sale are sufficient to satisfy the claim of such preferent creditor, in full; or
(d)the preferent creditor confirms the sale in writing, in which event he shall be deemed to have agreed to accept such proceeds in full settlement of his claim.
(3)A sale in execution of such immovable property as is referred to in sub-section (2) shall take place within such period of the date of attachment and in such manner as may be provided by the rules.
(4)If a sale referred to in subsection (3) does not take place or the immovable property concerned is not released from attachment within a period of one year from the date of attachment, such attachment shall lapse.[subsection (4) added by section 3(b) of Act 63 of 1976]
(5)The court may, upon the application and at the expense of the judgment creditor, after due notice of such application has been given to the judgment debtor, extend the period of one year referred to in subsection (4) by further periods of one year each.[subsection (5) added by section 3(b) of Act 63 of 1976]
(6)A judgment creditor (whether by virtue of a judgment given in the Supreme Court of South Africa or in a magistrate’s court) desiring to attach immovable property that is already under attachment (whether made by a deputy sheriff or by a messenger) and in respect of which a sale in execution is not pending, and who has lodged a warrant of execution with the deputy sheriff or messenger of the court, may, after notifying the interested parties, apply to the court for an order to the effect that the property may be sold in terms of his warrant.[subsection (6) added by section 3(b) of Act 63 of 1976]
(7)A messenger who is directed to attach immovable property, shall not be precluded merely by the absence of the execution debtor from his place of residence or business, from discharging his duties, but may discharge his duties if he is able to do so and shall endorse a return of service to the court on the warrant.[subsection (7) added by section 3(b) of Act 63 of 1976]
(8)If the execution debtor, having been requested by the messenger of the court to point out property in order to satisfy a warrant of execution against movable property, declares that he has no movable property or insufficient movable property and the messenger is unable to find sufficient movable property to satisfy the warrant, the messenger shall request the execution debtor to declare whether he has immovable property which is executable and shall enter the execution debtor’s reply in his return of service endorsed on such warrant.[subsection (8) added by section 3(b) of Act 63 of 1976]

67. Property exempt from execution

In respect of any process of execution issued out of any court the following property shall be protected from seizure and shall not be attached or sold, namely:
(a)the necessary beds, bedding and wearing apparel of the execution debtor and of his family;
(b)the necessary furniture (other than beds) and household utensils in so far as they do not exceed in value the amount determined by the Minister from time to time by notice in the Gazette;[paragraph (b) amended by section 25 of Act 93 of 1962, substituted by section 5(a) of Act 19 of 1985 and by section 1(a) of Act 204 of 1993]
(c)stock, tools and agricultural implements of a farmer in so far as they do not exceed in value the amount determined by the Minister from time to time by notice in the Gazette;[paragraph (c) amended by section 25 of Act 93 of 1962, substituted by section 5(b) of Act 19 of 1985 and by section 1(a) of Act 204 of 1993]
(d)the supply of food and drink in the house sufficient for the needs of such debtor and of his family during one month;
(e)tools and implements of trade, in so far as they do not exceed in value the amount determined by the Minister from time to time by notice in the Gazette;[paragraph (e) amended by section 25 of Act 93 of 1962, substituted by section 5(c) of Act 19 of 1985 and by section 1(b) of Act 204 of 1993]
(f)professional books, documents or instruments necessarily used by such debtor in his profession, in so far as they do not exceed in value the amount determined by the Minister from time to time by notice in the Gazette;[paragraph (f) amended by section 25 of Act 93 of 1962, substituted by section 5(d) of Act 19 of 1985 and by section 1(b) of Act 204 of 1993]
(g)such arms and ammunition as such debtor is required by law, regulation or disciplinary order to have in his possession as part of his equipment:
Provided that the court shall have a discretion in exceptional circumstances and on such conditions as it may determine to increase the amounts determined by the Minister in respect of paragraphs (b), (c), (e) and (f).[proviso substituted by section 5(e) of Act 19 of 1985 and by section 1(c) of Act 204 of 1993]

68. Property executable

(1)The messenger executing any process of execution against movable property may, by virtue of such process, also seize and take any money or bank notes, and may seize, take and sell in execution cheques, bills of exchange, promissory notes, bonds, or securities for money belonging to the execution debtor.
(2)The messenger may also hold any cheques, bills of exchange, promissory notes, bonds or securities for money which have been seized or taken, as security for the benefit of the execution creditor for the amount directed to be levied by the execution so far as it is still unsatisfied; and the execution creditor may, when the time of payment has arrived, sue in the name of the execution debtor, or in the name of any person in whose name the execution debtor might have sued, for the recovery of the sum secured or made payable thereby.
(3)The messenger may also under any process of execution against movable property attach and sell in execution the interest of the execution debtor in any movable property belonging to him and pledged or sold under a suspensive condition to a third person, and may also sell the interest of the execution debtor in property movable or immovable leased to the execution debtor or sold to him under any hire purchase contract or under a suspensive condition.
(4)Whenever, if the sale had not been in execution, it would have been necessary for the execution debtor to endorse a document or to execute a cession in order to pass the property to a purchaser, the messenger may so endorse the document or execute the cession, as to any property sold by him in execution.
(5)The messenger may also, as to immovable property sold by him in execution, do anything necessary to effect registration of transfer. Anything done by the messenger under this sub-section or sub-section (4) shall be as valid and effectual as if he were the execution debtor.
(6)Where judgment is given against a member of a partnership or syndicate in an action in which he individually was plaintiff or defendant, his interest in the partnership or syndicate may be attached and sold in execution.

69. Interpleader claims

(1)
(a)Where any person, not being the judgment debtor makes any claim to or in respect of any pro­perty attached or about to be attached in execution under the process of any court, or to the proceeds of such property sold in execution, his claim shall be adjudicated upon after issue of a summons in the manner provided by the rules.
(b)Upon the issue of such summons any action which may have been brought in any court whatsoever in respect of such property shall be stayed and shall abide the result of the proceedings taken upon such summons.
(2)Where two or more persons make adverse claims to any property in the custody or possession of a third party such claims shall be adjudicated upon after issue of a summons in the manner provided by the rules.

70. Sale in execution gives good title

A sale in execution by the messenger shall not, in the case of movable property after delivery thereof or in the case of immovable property after registration of transfer, be liable to be impeached as against a purchaser in good faith and without notice of any defect.

71. Surplus after execution

If, after a sale in execution, there remains any surplus in the hands of the messenger, it shall be liable to attachment for any other unsatisfied judgment debt.

71A. Movable property which messenger cannot dispose of in terms of this Act, shall be sold by public auction

(1)Any movable property in the custody of the messenger or any other person acting on his behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the messenger by public auction, and the proceeds of the sale shall, after deduction of the messenger's costs, be paid into the Consolidated Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the messenger has published, in one English and one Arikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor, a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.
(2)After the public auction referred to in subsection (1), the messenger shall draw up a vendue roll as if the sale was a sale in execution of property and shall attach the roll to his return in respect of the relevant process of the court in the case together with proof that the proceeds of the sale have been paid into the Consolidated Revenue Fund.
(3)The proceeds of a sale paid into the Consolidated Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a judicial officer of the district in which the sale took place that he would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.
[section 71A inserted by section 16 of Act 53 of 1970]

72. Attachment of debts

(1)The court may, on ex parte application by the judgment creditor or under section 65E (1) (b), order the attachment of any debt at present or in future owing or accruing to a judgment debtor by or from any other person (excluding the State), residing, carrying on business or employed in the district, to an amount sufficient to satisfy the judgment and the costs of the proceedings for attachment, whether such judgment has been obtained in such court or in any other magistrate’s court, and may make an order (hereinafter called a garnishee order) against such person (hereinafter called the garnishee) to pay to the judgment creditor or his attorney at the address of the judgment creditor or his attorney, so much of the debt as may be sufficient to satisfy the judgment and costs, and may enforce such garnishee order as if it were a judgment of the court.
(2)If, after any such garnishee order in respect of any debt has been granted, it is shown to the satisfaction of the court that sufficient means to maintain himself and those dependent upon him will not, after satisfaction of the garnishee order, be left to the judgment debtor, the court shall set aside the garnishee order or amend it in such manner that it will affect only the balance of the debt over and above such sufficient means.
(3)Any order under this section may at any time for good cause be suspended, amended or rescinded by the court.
(4)The court may, if it appears that there are unsatisfied claims owing to other creditors, postpone the application to enable the judgment debtor to make application for an administration order under section 74.
[section 72 substituted by section 17 of Act 40 of 1952, amended by section 26 of Act 93 of 1962 and substituted by section 4 of Act 63 of 1976]

73. Order for payment by instalments

(1)The court may, upon the application of any judgment debtor or under section 65E (1) (a) (ii) or 65E (1) (c) and if it appears to the court that the judgment debtor is unable to satisfy the judgment debt in full at once, but is able to pay reasonable periodical instalments towards satisfaction thereof or if the judgment debtor consents to an emoluments attachment order or a garnishee order being made against him, suspend execution against that debtor either wholly or in part on such conditions as to security or otherwise as the court may determine.[subsection (1) amended by section 18 of Act 40 of 1952 and substituted by section 5 of Act 63 of 1976]
(2)Nothing in this section contained shall be construed as authorizing the court to suspend the execution of a judgment upon any property subject to a hypothec for the judgment debt existing irrespective of attachment in execution.
(3)An order under paragraph (e) of section forty-eight or under this section may at any time and for good cause be varied or rescinded by the court.

74. Granting of administration orders

(1)Where a debtor—
(a)is unable forthwith to pay the amount of any judgment obtained against him in court, or to meet his financial obligations, and has not sufficient assets capable of attachment to satisfy such judgment or obligations; and
(b)states that the total amount of all his debts due does not exceed the amount determined by the Minister from time to time by notice in the Gazette,
such court or the court of the district in which the debtor resides or carries on business or is employed may, upon application by the debtor or under section 65I, subject to such conditions as the court may deem fit with regard to security, preservation or disposal of assets, realization of movables subject to hypothec (except movables referred to in section 34bis of the Land Bank Act, 1944 (Act No. 13 of 1944), or otherwise, make an order (in this Act called an administration order) providing for the administration of his estate and for the payment of his debts in instalments or otherwise.[paragraph (b) amended by section 6(a) of Act 19 of 1985 and by section 8(a) of Act 25 of 1987]
(2)An administration order shall not be invalid merely because at some time or other the total amount of the debtor's debts are found to exceed the amount determined by the Minister from time to time by notice in the Gazette, but in such a case the court may, if it deems fit, rescind the order.[subsection (2) substituted by section 6(b) of Act 19 of 1985 and by section 8(b) of Act 25 of 1987]
[section 74 amended by section 19(a), (b), (c), (d), (e), (f) (g) and (h) of Act 40 of 1952, by section 2(a), (b), (c), (d) and (e) of Act 13 of 1954, by section 27(a), (b) and (c) of Act 93 of 1962, by section 12(a) and (b) of Act 19 of 1963 and substituted by section 6 of Act 63 of 1976]

74A. Documents to be submitted with application for administration order

(1)With an application referred to in section 74(1) the debtor shall submit a full statement of his affairs in the form prescribed in the rules.
(2)In the form referred to in subsection (1) provision shall be made for the following particulars, inter alia, namely—
(a)the name and business address of the debtor’s employer or, if the debtor is not employed, the reason why he is unemployed;
(b)a detailed list of the debtor’s assets and their current market values and full particulars of interests in property and claims in his favour, including moneys in a savings or other account with a bank or elsewhere;
(c)the debtor’s trade or occupation and his gross weekly or monthly income and that of his wife living with him, and particulars of all deductions from such income by stop order or otherwise, supported as far as possible by written statements by the employers of the debtor and his wife;
(d)a detailed list of the debtor’s essential weekly or monthly expenses and those of the persons dependent on him, including his own transport expenses and those of his wife to and from work, and those of his children to and from school;
(e)a complete list of all the debtor’s creditors and their addresses, and the amount owing to each creditor, in which a clear distinction shall be made between—
(i)debts the whole amount of which is owing, including judgment debts payable in instalments in terms of a court order, an emoluments attachment order or a garnishee order; and
(ii)obligations which are payable in futuro 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;
(f)the security and the estimated value of the security that a creditor has or the name and address of any other person who, in addition to the debtor, is liable for any debt;
(g)full particulars, supported as far as possible by a statement and a copy of the agreement referred to in section 9 (1) of the Hire-Purchase Act, 1942 (Act No. 36 of 1942), of goods purchased under a hire-purchase agreement, the purchase price, the instalments payable, the balance owing and the date on which the purchase price will be paid in full, and the reasons adduced by the debtor why provision should be made for the payment of the remaining instalments;
(h)full particulars of any mortgage bond on immovable property owned by the debtor, the instalments payable, the balance owing, the date on which the mortgage debt will be paid in full and the reasons adduced by the debtor why provision should be made for the payment of the instalments payable in terms of such mortgage bond;
(i)full particulars of any asset purchased under a written agreement other than a hire-purchase agreement, the instalments payable, the balance owing, and the date on which the purchase price will be paid in full, and the reasons adduced by the debtor why provision should be made for the payment of the instalments that become payable under such agreement;
(j)whether any administration order was made at any time in respect of the debtor’s estate and, if so, whether such order lapsed or was set aside and, if so, when and for what reasons;
(k)the number and ages of the persons dependent on the debtor and his wife and their kinship with them;
(l)if an administration order is made, the amount of the weekly or monthly or other instalments which the debtor offers to pay towards settlement of the debts referred to in paragraph (e) (i).
(3)The statement referred to in subsection (1) shall be confirmed by an affidavit in which the debtor declares that to the best of his knowledge the names of all his creditors and the amounts owed to him to each of them severally are set forth in the statement and that the declarations made therein are true.
(4)The clerk of the court shall, if requested thereto by an illiterate debtor and upon payment of the fee prescribed in the rules, assist the debtor in completing the statement referred to in subsection (1).
(5)The debtor shall lodge an application for an administration order and the statement referred to in subsection (1) with the clerk of the court and shall deliver to each of his creditors, at least 3 days before the date appointed for the hearing, personally or by registered post a copy of such application and statement on which shall appear the case number under which the original application was filed.
[section 74A inserted by section 6 of Act 63 of 1976]

74B. Hearing of application for administration order

(1)At the hearing of an application for an administration order—
(a)any creditor, whether he has received notice in terms of section 74A (5) or not, may attend the hearing and provide proof of his debt and object to any debt listed by the debtor in the statement of his affairs referred to in section 74A (1);
(b)every debt listed by the debtor in the said statement shall be deemed to be proved, subject to any amendments made thereto by the court, unless any creditor raises objections thereto or the court rejects it or requires substantiation thereof by evidence;
(c)any creditor to whose debt an objection is raised by the debtor or any other creditor or who is required by the court to substantiate his debt with evidence shall provide proof of debt;
(d)the court may defer proof of debt and postpone consideration of the application for an administration order or proceed to deal with such application and, if an administration order is granted, the debt shall subsequently when proved be added to the debts listed;
(e)the debtor may be interrogated by the court and by any creditor whose debt has been acknowledged or proved, or, by leave of the court, by any creditor the proof of whose debt has been deferred, or by the legal representative of such creditor with regard to—
(i)his assets and liabilities;
(ii)his present and future income and that of his wife living with him;
(iii)his standard of living, and the possibility of economising; and
(iv)any other matter that the court may deem relevant.
(2)If at the hearing it appears to the court that any debt other than a debt on the ground of or arising from any judgment debt is a matter of contention between the debtor and the creditor or between the creditor and any other creditor of the debtor, the court may, upon inquiry into the objection, allow or reject the debt or a part thereof.
(3)Any person whose debt has been rejected in accordance with subsection (2) may, notwithstanding the provisions of section 74P, institute proceedings or proceed with an action already instituted in respect of such debt.
(4)If any person referred to in subsection (3) has obtained judgment in respect of any debt referred to in that subsection, the amount of the judgment shall be added to the list of proved debts referred to in subsection (1).
(5)No administration order shall be granted at the request of any debtor if it is proved that any administration order was rescinded within the preceding period of 6 months because of the debtor’s non-compliance therewith, unless the debtor proves to the satisfaction of the court that his non-compliance with the order was not wilful.
[section 74B inserted by section 6 of Act 63 of 1976]

74C. Contents of administration order

(1)An administration order shall be in the form prescribed by the rules and—
(a)shall lay down the amount of the weekly or monthly or other payment to be made in terms thereof; and
(b)may specify—
(i)the assets, if any, of the estate under administration which may be realized by the administrator for the purpose of distributing the proceeds among the creditors: Provided that no such asset that is the subject of any agreement regulated by the Hire-Purchase Act, 1942 (Act No. 36 of 1942), shall be realized without the written permission of the seller;
(ii)the assets, if any, of the estate under administration which may be returned by the administrator to the seller in terms of section 14 of the Hire-Purchase Act, 1942;
(iii)the debtor’s obligations which the court took account of in determining the amount of the weekly or monthly or other instalments to be paid by the debtor to the administrator;
(iv)the assets, if any, which shall not be disposed of by the debtor except by leave of the administrator or the court;
(v)such other provisions or conditions as the court may deem necessary or expedient.
(2)The amount of the weekly or monthly or other payments to be made by the debtor to the administrator, in terms of the administration order shall, as nearly as possible, approximate the difference between the debtor’s future income and the sum of—
(a)the amount determined by the court as the reasonable amount required by the debtor for his necessary expenses and those of the persons dependent on him;
(b)the periodical payments which the debtor is obliged to make under a hire-purchase agreement: Provided that the court may in its discretion refuse to take into account the periodical payments which the debtor undertook to pay under such an agreement for the purchase of goods which are not exempt from execution in terms of section 67 or which, in the opinion of the court, cannot be regarded as the debtor’s household requirements, unless the court is of opinion that in all the circumstances it is desirable to safeguard the goods concerned;
(c)the periodical payments to be made by the debtor in terms of an existing maintenance order;
(d)the periodical payments to be made by the debtor under a mortgage bond or any other written agreement for the purchase of any asset in terms of which the liabilities thereunder are payable in instalments, if in all the circumstances the court is of opinion that the instalments payable are reasonable in view of the judgment debtor’s income and the sums of money due by him to other creditors or that it is desirable to safeguard the mortgaged property or the asset to which the written agreement relates; and
(e)the payments to be made by the debtor by virtue of any other obligation referred to in section 74A (2) (e) (ii).
(3)The court may take into account the income of the debtor’s wife, who is living with him, in determining the amount referred to in subsection (2) (a) and, where the debtor is married in community of property, in determining the debtor’s income.
[section 74C inserted by section 6 of Act 63 of 1976]

74D. Authorizing of issue of emoluments attachment order or garnishee order

Where the administration order provides for the payment of instalments out of future emoluments or income, the court shall authorize the issue of an emoluments attachment order in terms of section 65J in order to attach emoluments at present or in future owing or accruing to the debtor by or from his employer, or shall authorize the issue of a garnishee order under section 72 in order to attach any debt at present or in future owing or accruing to the debtor by or from any other person (excluding the State), in so far as either of the said sections is applicable, and the court may suspend such an authorization on such conditions as the court may deem just and reasonable.[section 74D inserted by section 6 of Act 63 of 1976]

74E. Appointment of administrator

(1)When an administration order has been granted under section 74(1), the court shall appoint a person as administrator, which appointment shall become effective only after a copy of the administration order has been handed or sent to him by registered post and, in the event of his being required as administrator to give security, after he has given such security.
(2)An administrator may on good cause shown be relieved of his appointment by the court, and the court may appoint any other person in his place.
(3)An administrator who is not an officer of the court or a practitioner shall, before a copy of the administration order is handed or sent to him by registered post, give security to the satisfaction of the court and thereafter as required by the court for the due and prompt payment by him to the parties entitled thereto of all moneys which come into his possession by virtue of his appointment as an administrator.
(4)An administrator shall not be obliged to give security in respect of his appointment as an administrator of the estate of any particular debtor if he has given or gives security to the satisfaction of the court for the due and prompt payment by him to the parties entitled thereto of all moneys which may come into his possession by virtue of his appointment as administrator of the estate of any debtor, irrespective of whether such appointment was made before or after the date on which the said security was given.
[section 74E inserted by section 6 of Act 63 of 1976]

74F. Notice of and objections to administration orders

(1)A copy of an administration order shall be handed or sent by registered post to the debtor and the administrator by the clerk of the court.
(2)The administrator shall forward a copy of the administration order by registered post to each creditor whose name is mentioned by the debtor in the statement of his affairs or who has given proof of a debt.
(3)A creditor who has not received notice of the application for an administration order and who wishes to object to any debt listed with the order or to the manner in which payments shall be made in terms of the order shall, within a reasonable time as laid down in the rules, give notice of his objection and the grounds therefor to the clerk of the court, the debtor and the administrator and, if he objects to the inclusion of any debt, also to the creditor concerned.
(4)In considering the objection referred to in subsection (3) the court may—
(a)uphold it;
(b)refuse it; or
(c)postpone consideration thereof for hearing after notice given to the persons concerned and on such conditions as to costs or otherwise as the court may deem fit.
[section 74F inserted by section 6 of Act 63 of 1976]

74G. List of creditors and debts and additions thereto

(1)The administrator shall as soon as may be draw up and lodge with the clerk of the court a complete list on which shall appear the case number under which the application for an administration order has been filed, and which shall contain the names of the creditors and the amounts owing to them severally as at the date on which the administration order was granted.
(2)Any creditor who wishes to provide proof of a debt owing before the making of an administration order and not listed in such order, shall lodge his claim in writing with the administrator, who shall thereupon give the debtor notice thereof in the form prescribed in the rules.
(3)If, within the period allowed in the notice referred to in subsection (2), the debtor admits the claim or does not dispute it, the 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 the administrator shall by notice lodged with the clerk of the court add the name of the creditor and the amount of the debt owing to him to the list referred to in subsection (1) and shall inform the creditor in the form prescribed in the rules that this has been done.
(4)If, within the period allowed in the notice referred to in subsection (2), the debtor gives notice in writing to the administrator that he disputes the claim, the administrator shall notify the creditor thereof and the creditor may request the clerk of the court to appoint a day and time for the hearing of the objection by the court and shall notify the debtor in writing of such day and time.
(5)At the hearing of the objection referred to in subsection (4) the court may—
(a)refuse the claim as a whole;
(b)allow the claim as a whole or in part;
(c)require that the claim be supported by evidence; or
(d)postpone the hearing on such conditions as it may deem fit.
(6)If the court allows a claim as a whole or in part under subsection (5), the debt shall, to be extent to which it has been allowed, be added to the list referred to in subsection (1).
(7)If any person who sold and delivered goods to the debtor under a hire-purchase agreement as defined in section 1 of the Hire-Purchase Act, 1942 (Act No. 36 of 1942), before the administration order was granted, is entitled or becomes entitled, by reason of the debtor’s failure to fulfil any obligation under such agreement, to demand immediate payment of the sum of the purchase price then still owing, and if such person advises the administrator in writing that he elects so to do, such agreement shall be deemed to create a hypothec on the goods in favour of the seller whereby the amount still owing to him in terms of the agreement is secured, and any term or condition of the agreement with regard to the seller’s right to dissolve or terminate such agreement or his right to the return of the goods to which the agreement relates shall not, in consequence of the debtor’s non-compliance with any term or condition thereof, notwithstanding anything to the contrary in any law contained, be enforceable.
(8)The court may by order of court authorize the seller referred to in subsection (7) to take possession of the goods referred to in that subsection and to sell them by public auction by an auctioneer nominated by the court after giving the administrator and all the creditors written notice of the time and place of the sale and, if the court has so ordered, after publishing the notice or notices in the manner prescribed by the court, in one or more newspapers designated by the court or, if the seller, buyer and administrator so agree, to sell them by private treaty.
(9)Where the seller has sold the goods in terms of a court order referred to in subsection (8) he shall, if the sale was by public auction, forthwith lodge the auction list with the administrator and pay to the administrator the amount of the proceeds of the sale in excess of the amount of his debt and the costs connected with the sale or, if the net proceeds of the sale are insufficient to pay his debt in full, he may lodge a claim with the administrator in respect of the balance of the purchase price owing to him for inclusion in the list of creditors who are entitled to share in the pro rata distribution of funds received by the administrator.
(10)
(a)The list of creditors referred to in subsection (1) shall be open to inspection by the creditors or their attorneys in the office of the clerk of the court and the office of the administrator at any time during office hours.
(b)Any creditor may, in the manner and within the period prescribed in the rules, object to any debt included in the list of creditors.
[section 74G inserted by section 6 of Act 63 of 1976]

74H. Inclusion of creditors in list after granting of administration order

(1)Any person who becomes a creditor of the judgment debtor after an administration order has been granted and who is desirous of providing proof of debt, shall lodge his claim in writing with the administrator, who shall thereupon advise the debtor thereof in the form prescribed in the rules.
(2)If the debtor admits the claim or does not dispute it within the period allowed in the notice referred to in subsection (1), the provisions of section 74G (3) shall, mutatis mutandis, apply, but the creditor shall not be entitled to a dividend in terms of the administration order until the creditors who were creditors on the date of the granting of the order have been paid in full.
(3)If the debtor disputes the claim within the period allowed in the notice referred to in subsection (1), the provisions of section 74G (4), (5) and (6) shall, mutatis mutandis, apply but if the court allows the claim as a whole or in part, such claim shall be subject to the rights referred to in subsection (2), of creditors who were creditors on the date on which the administration order was granted.
(4)The provisions of section 74G (7), (8) and (9) and of subsections (1), (2) and (3) of this section shall, mutatis mutandis, apply to the person who after the granting of an administration order sold and delivered goods to the debtor under a hire-purchase agreement as defined in section 1 of the Hire-Purchase Act, 1942 (Act No. 36 of 1942), and is desirous of providing proof of debt.
[section 74H inserted by section 6 of Act 63 of 1976]

74I. Payments by debtor in terms of administration order

(1)The debtor shall, subject to the provisions of this section, pay the administrator the amounts of the weekly or monthly or other payments that he is required to make in terms of the administration order.
(2)If a debtor fails to make the payments to the administrator that he is required to make in terms of the administration order, the provisions of sections 65A to 65L shall mutatis mutandis apply, while any reference in the said provisions to the judgment concerned, the judgment creditor or the judgment debtor shall be construed as a reference to the administration order concerned, the administration or the debtor, respectively.
(3)If, in addition to the administration order, the court has authorized the issue of an emoluments attachment order or a garnishee order and has suspended such authorization conditionally and the debtor fails to comply with the conditions of suspension; the administrator may lodge a certificate to this effect with the clerk of the court, and the clerk of the court shall thereupon issue the emoluments attachment order or garnishee order, as the case may be.
(4)An emoluments attachment order or garnishee order referred to in subsection (3) shall be prepared by the administrator or his attorney, shall be signed by the administrator or his attorney and the clerk of the court, and shall be served on the garnishee by the messenger of the court by registered post.
(5)
(a)When an emoluments attachment order or garnishee order referred to in subsection (3) has been served on the garnishee, he shall be obliged to pay to the administrator the amounts concerned as provided by the order and such payments shall constitute a first preference against the debtor’s income.
(b)The provisions of section 65J (4) to (8) and (10) shall mutatis mutandis apply to the emoluments attachment order referred to in paragraph (a), and in such application any reference in the said provisions to the judgement creditor shall be construed as a reference to the administrator.[paragraph (b) substituted by section 4 of Act 28 of 1981]
[section 74I inserted by section 6 of Act 63 of 1976]

74J. Duties of administrator

(1)An administrator shall collect the payments to be made in terms of the administration order concerned and shall keep up to date a list (which shall be available for inspection, free of charge, by the debtor and creditors or their attorneys during office hours) of all payments and other funds received by him from or on behalf of the debtor, indicating the amount and date of each payment, and shall, subject to section 74L, distribute such payments pro rata among the creditors at least once every three months, unless all the creditors otherwise agree, or the court otherwise orders in any particular case.
(2)If any debt or the balance of a debt be less than R10, the administrator may in his discretion pay such debt in full if such action will facilitate the distribution of funds in his possession.
(3)Claims that would enjoy preference under the laws relating to insolvency shall be paid out in the order prescribed by those laws.
(4)An administrator may, out of the moneys which he controls, pay any urgent or extraordinary medical, dental or hospital expenses incurred by the debtor after the date of the administration order.
(5)Every distribution account in respect of the periodical payments and other funds received by an administrator shall be numbered consecutively, shall bear the case number under which the administration order has been filed, shall be in the form prescribed in the rules, shall be signed by the administrator and shall be lodged at the office of the clerk of the court where it may be inspected free of charge by the debtor and the creditors or their attorneys during office hours.
(6)A distribution account referred to in subsection (5) shall at the request of any interested party be subject to review free of charge by any judicial officer.[subsection (6) substituted by section 2 of Act 88 of 1996]
(7)An administrator shall deposit all moneys received by him from or on behalf of debtors whose estates are under administration—
(a)if he is not a practising attorney, in a separate trust account with any bank in the Republic, and no amount with which any such account is credited shall be deemed to be part of the administrator’s assets or, in the event of his death or insolvency, of his deceased or insolvent estate;
(b)if he is practicing attorney, in the trust account that he keeps in terms of section 33 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934).
(8)If a debtor should at any time, despite a registered letter of demand from the administrator, be 14 days in arrear with the payment of any instalment and if steps in terms of section 74I (3) cannot be taken or have been taken unsuccessfully, or if the debtor had disappeared, the administrator shall forthwith notify the creditors in writing thereof and request their instructions.
(9)If within the period allowed in a notice comtemplated in subsection (8) the majority of the creditors instruct him to do so, or fail to respond, the administrator shall institute legal proceedings against the debtor for his committal for contempt of court or take such steps as may be necessary to trace the debtor who has disappeared, as the circumstances may require.
(10)If within the period allowed in a notice contemplated in subsection (8) the majority of the creditors instruct him to do so, the administrator shall apply to the court for the rescission of the administration order.
(11)If an administrator fails to lodge a distribution account with the clerk of the court within one month from the time his obligation to do so commenced, any interested party may apply to the court for an order directing him to lodge a distribution account with the clerk of the court within the time laid down in the order or relieving him of his office as administrator.
(12)If an administrator has lodged a distribution account with the clerk of the court but has failed to pay any amount of money due to any creditor in terms of such account within one month thereafter, the court may upon the application of the creditor order the administrator to pay the creditor the amount concerned within such period as may be fixed in the order and furthermore to pay to the debtor’s estate an amount which is double the amount which he failed so to pay.
(13)The court may order an administrator to pay the costs of an application in terms of subsection (11) or (12) de bonis propriis.
(14)If any debt which was due at the time of the granting of an administration order in respect of a debtor’s estate is paid in full or in part to the creditor by the debtor after the granting of the order, otherwise than by way of payments in terms of the administration order, such payment shall be invalid and the administrator may recover the amount paid from the creditor, unless the creditor proves that the payment was effected without his knowledge of the administration order, and, in addition, the creditor shall forfeit his claim against the estate of the debtor if the payment was effected at the request of the creditor whilst he had knowledge of the administration order.
[section 74J inserted by section 6 of Act 63 of 1976]

74K. Realization of assets by administrator

(1)An administrator may, if authorized thereto by the court, realize any asset of the estate under administration or return such asset to the seller in terms of section 14 of the Hire-Purchase Act, 1942 (Act No. 36 of 1942), and in granting such authorization the court may impose such conditions as it may deem fit.
(2)An asset mentioned in subsection (1) that is the subject of any agreement regulated by the Hire-Purchase Act, 1942, shall not be realized except with the written permission of the seller.
(3)If an administrator returns any asset to the seller in terms of section 14 of the Hire-Purchase Act, 1942, the seller shall pay to the administrator the amount that he is required to refund to the buyer in terms of section 15 of the said Act for pro rata distribution among the creditors, and if the buyer is required to pay the seller any amount in terms of the said section 15 the seller shall be entitled to lodge a claim for the said amount with the administrator for payment in terms of the relevant provisions of this Act.
(4)Whenever the court authorizes the administrator to realize any asset or to return any asset to the seller in terms of section 14 of the Hire-Purchase Act, 1942, and has, in determining the amount that the debtor shall pay each week or each month in terms of the administration order, taken account of the periodical payments to be made by the debtor in respect of such an asset, the court may amend the payments to be made in terms of the order accordingly.
[section 74K inserted by section 6 of Act 63 of 1976]

74L. Remuneration and expenses of administrator

(1)An administrator may, before making a distribution—
(a)deduct from the money collected his necessary expenses and a remuneration determined in accordance with a tariff prescribed in the rules;
(b)retain a portion of the money collected, in the manner and up to an amount prescribed in the rules, to cover the costs that he may have to incur if the debtor is in default or disappears.
(2)The expenses and remuneration mentioned in subsection 1 (a) shall not exceed 12 ½ per cent of the amount of collected moneys received and such expenses and remuneration shall, upon application by any interested party, be subject to taxation by the clerk of the court and review by any judicial officer.
[section 74L inserted by section 6 of Act 63 of 1976]

74M. Furnishing of information by administrator

The administrator shall upon payment of the fees prescribed in the rules—
(a)furnish any creditor applying therefor with such information about the progress made in regard to the administration as he may desire; and
(b)furnish any person applying therefor with a copy of the debtor’s application and statement of his affairs mentioned in sections 74 and 74A (1), or with a list or account mentioned in section 74G (1) or 74J, or with the debtor’s statement of his affairs mentioned in section 65I (2).
[section 74M inserted by section 6 of Act 63 of 1976]

74N. Failure by administrator to perform his duties

An administrator shall take the proper steps to enforce an administration order, and if he fails to do so, any creditor may, by leave of the court, take those steps, and the court may thereupon order the administrator to pay the costs of the creditor de bonis propriis.[section 74N inserted by section 6 of Act 63 of 1976]

74O. Costs of application for administration order

Unless the court otherwise orders or this Act otherwise provides, no costs in connection with any application in terms of section 74(1) shall be recovered from any person other than the administrator concerned, and then as a first claim against the moneys controlled by him.[section 74O inserted by section 6 of Act 63 of 1976]

74P. Remedies restricted by administration order

(1)As long as any administration order is of force and effect in respect of the estate of any debtor, no creditor shall have any remedy against the debtor or his property for collecting money owing, except in regard to any mortgage bond or any debt referred to in section 74B (3) or by leave of the court and on such conditions as the court may impose.
(2)Any court in which proceedings have been instituted against a debtor in respect of any debt except a debt due under a mortgage bond or a debt referred to in section 74B (3) shall, upon receiving notice of the administration order, suspend such proceedings but may grant costs already incurred by the creditor, and such costs may be added to the judgment debt.
[section 74P inserted by section 6 of Act 63 of 1976]

74Q. Suspension, amendment or rescission of administration order

(1)The court under whose supervision any administration order is being executed, may at any time upon application by the debtor or any interested party re-open the proceedings and call upon the debtor to appear for such further examination as the court may deem necessary, and the court may thereupon on good cause shown suspend, amend or rescind the administration order, and when it suspends such an order it may impose such conditions as it may deem just and reasonable.
(2)The court may at any time at the request of the administrator in writing and with the written consent of the debtor, amend any administration order.
(3)Upon any application for the rescission of an administration order the court may—
(a)rescind the order under subsection (1); or
(b)if it appears to the court that the debtor is unable to pay any instalment, suspend the order for such period and on such conditions as it may deem fit or amend the instalments to be paid in terms thereof and make the necessary amendments to any emoluments attachment order or garnishee order issued so as to ensure payment in terms of the administration order, or set aside the said emoluments attachment order or garnishee order; or
(c)authorize the issue of an emoluments attachment order or garnishee order to ensure the payments in terms of the administration order; or
(d)set aside or amend any emoluments attachment order or garnishee order issued so as to ensure payments in terms of the administration order.
(4)Any order rescinding an administration order shall be in the form prescribed in the rules and a copy thereof shall be delivered personally or sent by post by the administrator to the debtor and to each creditor, who shall also be informed of the debtor’s last known address by the administrator.
(5)When an order of court for the payment of any judgment debt in instalments or any emoluments attachment order or garnishee order has lapsed in consequence of the granting of an administration order and such judgment debt has not been paid in full upon the rescission of the administration order, such court order, emoluments attachment order or garnishee order shall revive in respect of such judgment debt, unless the court otherwise orders.
[section 74Q inserted by section 6 of Act 63 of 1976]

74R. Administration order no bar to sequestration

The granting of an order under section 74 (1) shall be no bar to the sequestration of the debtor’s estate.[section 74R inserted by section 6 of Act 63 of 1976]

74S. Incurring of debts by person subject to administration order

(1)Any person who is subject to an administration order and who during the currency of such order incurs any debt without disclosing that he is subject to an administration order shall be guilty of an offence and on conviction liable to imprisonment for a period not exceeding 90 days or to periodical imprisonment for a period not exceeding 2 160 hours in accordance with the laws relating to prisons and, in addition, the court may, upon application by any interested person, set aside the administration order.
(2)The provisions of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), with regard to periodical imprisonment shall mutatis mutandis apply to periodical imprisonment imposed in terms of subsection (1).
[section 74S inserted by section 6 of Act 63 of 1976]

74T. Change of address by debtor subject to administration order

(1)Any debtor subject to an administration order who changes his place of residence, business or employment shall forthwith notify the clerk of the court and the administrator of his new place of residence, business or employment.
(2)When any debtor subject to an administration order moves to any other district, the court under whose supervision the administration order is being executed may transfer the proceedings to the court of that district.
[section 74T inserted by section 6 of Act 63 of 1976]

74U. Lapsing of administration order

As soon as the costs of the administration and the listed creditors have been paid in full, an administrator shall lodge a certificate to that effect with the clerk of the court and send copies thereof to the creditors (who shall also be informed therein of the debtor’s last known address), and thereupon the administration order shall lapse.[section 74U inserted by section 6 of Act 63 of 1976]

74V. Interruption of prescription

(1)In the case of any debt mentioned in the statement referred to in section 74A (1), prescription shall be interrupted on the date on which such statement is lodged and, in the case of any debt not mentioned in such statement, prescription shall be interrupted on the date on which any claim against the debtor is lodged with the court or the administrator.
(2)If the relevant prescriptive period of a debt referred to in subsection (1), had it not been for the provisions of subsection (1), would be completed on or before or within one year of, the day on which the restriction referred to in subsection 74P (1) has ceased to exist, the prescriptive period shall not be completed until a year after the said day has elapsed.
[section 74V inserted by section 6 of Act 63 of 1976]

74W. Failure of administrator to carry out certain duty

Any Administrator who fails to carry out the duty assigned to him by section 74J (7) shall be guilty of an offence and on conviction liable to a fine not exceeding R500 or in default of payment to imprisonment for a period not exceeding six months[section 74W inserted by section 6 of Act 63 of 1976 and substituted by section 7 of Act 19 of 1985]

75. Jurisdiction to decide disputes arising out of garnishee orders

(1)If the garnishee disputes that the debt or emoluments sought to be attached are owing or accruing or alleges that they are subject to a set-off or belong to or are subject to a claim by some third person, the court may determine the rights and liabilities of all the parties and may declare the claim of that third person to be barred, provided that the claim or value of the matter in dispute is otherwise within the jurisdiction of the court.
(2)If it be proved that such third person neither resides nor carries on business nor is employed within the Republic and that he has a prima facie claim to the debt, the court shall not have jurisdiction under this section.[subsection (2) amended by section 17 of Act 53 of 1970]

75bis. Review of conditions of sale of immovable property to be sold in execution of a Supreme Court judgment

Notwithstanding anything to the contrary in any law contained, the court may, on the application of any interested party, review and confirm, modify or settle the conditions of sale in respect of any immovable property to be sold in execution of any judgment of any division of the Supreme Court of South Africa.[section 75bis inserted by section 11 of Act 80 of 1964]

76. Execution or payment is discharge pro tanto

Payment made by or execution levied upon the garnishee under the provisions of this Act shall be valid discharge of the debt or amount of emoluments due from him to the judgment debtor to the extent of the amount paid or levied.

77. Saving of existing laws prohibiting attachment

Save where under section 65E (1) an order may be granted against the State, nothing in this Act contained shall be construed as authorizing the attachment of any debt or emoluments or any moneys or property specially declared by any law not to be liable to attachment.[section 77 substituted by section 7 of Act 63 of 1976]

78. Execution or suspension in case of appeal, etc.

Where an appeal has been noted or an application to rescind, correct or vary a judgment has been made, the court may direct either that the judgment shall be carried into execution or that execution thereof shall be suspended pending the decision upon the appeal or application. The direction shall be made upon such terms, if any, as the court may determine as to security for the due performance of any judgment which may be given upon the appeal or application.

79. Person who has made a nulla bona return not to incur debts

Any person shall be guilty of an offence and liable to a fine not exceeding R300 if after a return of nulla bona has been made in respect of a judgment against him and before satisfaction of the said judgment, he obtains credit to an amount or amounts exceeding one hundred rand in the aggregate without previously informing all persons from whom he so obtains credit that there is an unsatisfied judgment against him and that a return of nulla bona has been made in respect thereof.[section 79 amended by section 13 of Act 19 of 1963, by section 6 of Act 91 of 1977 and substituted by section 8 of Act 19 of 1985]

Chapter X
Costs

80. Costs to be in accordance with scales and to be taxed

(1)The stamps, fees, costs and charges in connection with any civil proceedings in magistrates’ courts shall, as between party and party, be payable in accordance with the scales prescribed by the rules.
(2)As between attorney and client, the clerk of the court may in his discretion (subject to the review hereinafter mentioned) allow costs and charges for services reasonably performed by the attorney at the request of the client for which no remuneration is recoverable as between party and party and for which no provision is made in the rules.
(3)Payment of costs awarded by the court (otherwise than by a judgment in default of the defendant’s appearance to defend or on the defendant’s consent to judgment before the time for such appearance has expired) may not be enforced until they have been taxed by the clerk of the court.
(4)Any person who is liable to pay or who is sued for costs of any civil proceedings in a court otherwise than under an award by the court or under a special agreement, may require that those costs shall be taxed by the clerk of the court as between attorney and client; and thereupon any action for the recovery of those costs shall be stayed pending the taxation. The costs of and incidental to such a taxation shall be borne, if not more than one-sixth of such costs is disallowed on taxation, by the person requiring the taxation, and, if more than one-sixth is so disallowed, by the person claiming the costs.

81. Review of taxation

Taxation by the clerk of the court shall be subject to review free of charge by a judicial officer of the district; and the decision of such judicial officer may at any, time within one month thereafter be brought in review before a judge of the court of appeal in the manner prescribed by the rules.

Chapter XI
Appeal and review

82. By consent, decision of magistrate’s court may be final

No appeal shall lie from the decision of a court if, before the hearing is commenced, the parties lodge with the court an agreement in writing that the decision of the court shall be final.

83. Appeal from magistrate's court

Subject to the provisions of section 82, a party to any civil suit or proceeding in a court may appeal to the provincial or local division of the Supreme Court having jurisdiction to hear the appeal, against—
(a)any judgment of the nature described in section 48;
(b)any rule or order made in such suit or proceeding and having the effect of a final judgment, including any order under Chapter IX and any order as to costs;
(c)any decision overruling an exception, when the parties concerned consent to such an appeal before proceeding further in an action or when it is appealed from in conjunction with the principal case, or when it includes an order as to costs.
[section 83 substituted by section 16 of Act 15 of 1969 and amended by section 2 of Act 105 of 1982]

84. Time, manner and conditions of appeal

Every party so appealing shall do so within the period and in the manner prescribed by the rules; but the court of appeal may in any case extend such period.

85. No peremption of appeal by satisfaction of judgment

A party shall not lose the right to appeal through satisfying or offering to satisfy the judgment in respect of which he appeals or any part thereof or by accepting any benefit from such judgment, decree or order.

86. Respondent may abandon judgment

(1)A party may by notice in writing abandon the whole or any part of a judgment in his favour.
(2)Where the party so abandoning was the plaintiff, or applicant, judgment in respect of the part abandoned shall be entered for the defendant or respondent with costs.
(3)Where the party so abandoning was the defendant or respondent, judgment in respect of the part abandoned shall be entered for the plaintiff or applicant in terms of the claim in the summons or application.
(4)A judgment so entered shall have the same effect in all respects as if it had been the judgment originally pronounced by the court in the action or matter.

87. Procedure of court of appeal

The court of appeal may—
(a)confirm, vary or reverse the judgment appealed from, as justice may require;
(b)if the record does not furnish sufficient evidence or information for the determination of the, appeal, remit the matter to the court from which the appeal is brought, with instructions in regard to the taking of further evidence or the setting out of further information;
(c)order the parties or either of them to produce at some convenient time in the court of appeal such further proof as shall to it seem necessary or desirable; or
(d)take any other course which may lead to the just, speedy and as much as may be inexpensive settlement of the case; and
(e)make such order as to costs as justice may require.

88. Execution of judgment of court of appeal

The judgment of the court of appeal shall be recorded in the court appealed from, and may be enforced as if it had been given in such last-mentioned court.

Part III – Criminal matters

Chapter XII
Criminal jurisdiction

89. Jurisdiction in respect of offences

(1)The court, other than the court of a regional division shall have jurisdiction over all offences except treason, murder and rape.
(2)The court of a regional division shall have jurisdiction over all offences except treason.[subsection (2) substituted by section 17 of Act 107 of 1990][proviso to subsection (2) deleted by section 7 of Act 91 of 1977][section 89 substituted by section 1 of Act 75 of 1959]

90. Local limits of jurisdiction

(1)Subject to the provisions of section eighty-nine, any person charged with any offence committed within any district or regional division may be tried by the court of that district or of that regional division, as the case may be.
(2)When any person is charged with any offence—
(a)committed within the distance of four kilometres beyond the boundary of the district or of the regional division; or[paragraph (a) amended by section 8(a) of Act 91 of 1977]
(b)committed in or upon any vehicle on a journey which or part whereof was performed in, or within the distance of four kilometres of, the district or the regional division; or[paragraph (b) amended by section 8(a) of Act 91 of 1977]
(c)committed on board any vessel on a journey upon any river within the Republic or forming the boundary of any portion thereof, and such journey or part thereof was performed in, or within the distance of four kilometres of, the district or the regional division; or[paragraph (c) amended by section 8(a) of Act 91 of 1977]
(d)committed on board any vessel on a voyage within the territorial waters of the Republic (including the territory of South-West Africa), and the said territorial waters adjoin the district or the regional division; or
(e)begun or completed within the district or within the regional division,
such person may be tried by the court of the district or of the regional division, as the case may be, as if he had been charged with an offence committed within the district or within the regional division respectively.[subsection (2) substituted by section 3 of Act 17 of 1969]
(3)Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions.
(4)A person charged with an offence may be tried by the court of any district, or any regional division, as the case may be, wherein any act or omission or event which is an element of the offence took place.
(5)A person charged with theft of property or with obtaining property by an offence, or with an offence which involves the receiving of any property by him, may also be tried by the court of any district or of any regional division, as the case may be, wherein he has or had part of the property in his possession.
(6)A person charged with kidnapping, childstealing or abduction may also be tried by the court of any district or of any regional division, as the case may be, through or in which he conveyed or concealed or detained the person kidnapped, stolen or abducted.
(7)Where by any special provision of law a magistrate's court has jurisdiction in respect of an offence committed beyond the local limits of the district, or of the regional division, as the case may be, such court shall not be deprived of such jurisdiction by any of the provisions of this section.
(8)Where an accused is alleged to have committed various offences within different districts within the area of jurisdiction of any attorney-general, the attorney-general concerned may in writing direct that criminal proceedings in respect of such various offences be commenced in the court of any particular district within his area of jurisdiction, whereupon such court shall have jurisdiction to act with regard to any such offence as if such offence had been committed within the area of jurisdiction of that court, and the court of the regional division within whose area of jurisdiction the court of such district is situated, shall likewise have jurisdiction in respect of any such offence if such offence is an offence which may be tried by the court of a regional division.[subsection (8) substituted by section 8(b) of Act 91 of 1977]
(9)Notwithstanding anything contained in this section, the provisions of section 125 of the Criminal Procedure Act, 1977, shall mutatis mutandis apply in respect of the trial of any person by any court.[subsection (9) added by section 2 of Act 75 of 1959 and substituted by section 8(b) of Act 91 of 1977][section 90 substituted by section 20 of Act 40 of 1952]

91. Criminal jurisdiction of periodical court

The jurisdiction of the periodical court in criminal matters shall be subject, mutatis mutandis, to the provisions contained in section twenty-seven and in sub-section (3) of section thirty-five.

92. Limits of jurisdiction in the matter of punishments

(1)Save as otherwise in this Act or in any other law specially provided, the court, whenever it may punish a person for an offence—
(a)by imprisonment, may impose a sentence of imprisonment for a period not exceeding twelve months, where the court is not the court of a regional division, or not exceeding ten years, where the court is the court of a regional division;[paragraph (a) substituted by section 9 of Act 91 of 1977]
(b)by fine, may impose a fine not exceeding the amount determined by the Minister from time to time by notice in the Gazette for the respective courts referred to in paragraph (a);[paragraph (b) substituted by section 9 of Act 91 of 1977, by section 1 of Act 109 of 1984 and by section 9 of Act 25 of 1987]
(c)[paragraph (c) deleted by section 2 of Act 33 of 1997]
(d)by correctional supervision, may impose correctional supervision for a period as contemplated in section 276A(1)(b) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).[paragraph (d) added by section 2 of Act 129 of 1993]
(2)
(a)The court shall have jurisdiction to impose any punishment prescribed in respect of an offence under an ordinance of a province or the territory which relates to vehicles and the regulation of traffic on public roads, notwithstanding that such punishment exceeds the jurisdiction referred to in subsection (1).
(b)Where a person is convicted of culpable homicide arising out of the driving of a vehicle as defined in any applicable ordinance referred to in paragraph (a), the court shall have jurisdiction to impose any punishment which the court may impose under that paragraph in respect of the offence of driving a vehicle recklessly on a public road.
[section 92 substituted by section 1 of Act 16 of 1959 and amended by section 14 of Act 19 of 1963 and substituted by section 30 of Act 94 of 1974]

93. ***

[section 93 amended by section 22 of Act 40 of 1952, by section 24 of Act 62 of 1955, by section 12 of Act 80 of 1964 and repealed by section 344(1) of Act 51 of 1977]

93bis. ***

[section 93bis added by section 23 of Act 40 of 1952, substituted by section 31 of Act 70 of 1968 and by section 18 of Act 53 of 1970 and repealed by section 344(1) of Act 51 of 1977]

93ter. Magistrate may be assisted by assessors

(1)The judicial officer presiding at any trial may, if he deems it expedient for the administration of justice—
(a)before any evidence has been led; or
(b)in considering a community-based punishment in respect of any person who has been convicted of any offence,
summon to his assistance any one or two persons who, in his opinion, may be of assistance at the trial of the case or in the determination of a proper sentence, as the case may be, to sit with him as assessor or assessors: Provided that if an accused is standing trial in the court of a regional division on a charge of murder, whether together with other charges or accused or not, the judicial officer shall at that trial be assisted by two assessors unless such an accused requests that the trial be proceeded with without assessors, whereupon the judicial officer may in his discretion summon one or two assessors to assist him.[subsection (1) substituted by section 10(a) of Act 91 of 1977 and by section 1(a) of Act 118 of 1991]
(2)
(a)In considering whether summoning assessors under subsection (1) would be expedient for the administration of justice, the judicial officer shall take into account—
(i)the cultural and social environment from which the accused originates;
(ii)the educational background of the accused;
(iii)the nature and the seriousness of the offence of which the accused stands accused or has been convicted;
(iv)the extent or probable extent of the punishment to which the accused will be exposed upon conviction, or is exposed, as the case may be;
(v)any other matter or circumstance which he may deem to be indicative of the desirability of summoning an assessor or assessors,
and he may question the accused in relation to the matters referred to in this paragraph.
(b)For the purposes of subsection (1)(b) a community-based punishment means—
(i)correctional supervision as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);
(ii)a punishment contemplated in section 297(1)(a)(i)(cc) of the Criminal Procedure Act, 1977; or
(iii)a punishment contemplated in section 297(1)(b) or (4) of the Criminal Procedure Act, 1977, and where the performance of community service as referred to in the said section 297(1)(a)(i)(cc), is a condition for the suspension.
[subsection (2) amended by section 2(a) of Act 16 of 1959, deleted by section 10(b) of Act 91 of 1977 and inserted by section 1(b) of Act 118 of 1991]
(3)Before the trial or the imposition of punishment, as the case may be, the said judicial officer shall administer an oath to the person or persons whom he has so called to his assistance that he or they will give a true verdict or a considered opinion, as the case may be, according to the evidence upon the issues to be tried or regarding the punishment, as the case may be, and thereupon he or they shall be a member or members of the court subject to the following provisions:
(a)any matter of law arising for decision at such trial, and any question arising thereat as to whether a matter for decision is a matter of fact or a matter of law, shall be decided by the presiding judicial officer and no assessor shall have a voice in any such decision;
(b)the presiding judicial officer may adjourn the argument upon any such matter or question as is mentioned in paragraph (a) and may sit alone for the hearing of such argument and the decision of such matter or question;
(c)whenever the said judicial officer shall give a decision in terms of paragraph (a) he shall give his reasons for that decision;
(d)upon all matters of fact the decision or finding of the majority of the members of the court shall be the decision or finding of the court, except when only one assessor sits with the presiding judicial officer in which case the decision or finding of such judicial officer shall be the decision or finding of the court if there is a difference of opinion;
(e)it shall be incumbent on the court to give reasons for its decision or finding on any matter made under paragraph (d);
(f)in the event of a conviction the question of the punishment to be inflicted shall, except in a case contemplated in subsection (1)(b), be deemed, for the purposes of paragraph (a), to be a question of law.[paragraph (f) substituted by section 1(d) of Act 118 of 1991]
[subsection (3) amended by section 1(c) of Act 118 of 1991]
(4)If any such assessor is not a person employed in a full-time capacity in the service of the State he shall be entitled to such compensation as the Minister, in consultation with the Minister of Finance, may determine in respect of expenses incurred by him in connection with his attendance at the trial, and in respect of his services as assessor.[subsection (4) substituted by section 10(c) of Act 91 of 1977]
(5)The provisions of section 147 of the Criminal Procedure Act, 1977, shall mutatis mutandis apply where an assessor referred to in this section dies or becomes in the opinion of the presiding judicial officer incapable of continuing to act as an assessor.[subsection (5) added by section 2(b) of Act 16 of 1959 and substituted by section 10(d) of Act 91 of 1977][section 93ter added by section 3 of Act 14 of 1954]

Chapter XIII
Remittal

94. ***

[section 94 substituted by section 3 of Act 16 of 1959 and repealed by section 344(1) of Act 51 of 1977]

95. ***

[section 95 amended by section 24(a) and (b) of Act 40 of 1952, by section 15 of Act 19 of 1963, by section 31 of Act 94 of 1974 and repealed by section 344(1) of Act 51 of 1977]

Chapter XIV
Review

[heading amended by section 17 of Act 19 of 1963]

96. ***

[section 96 amended by section 25 of Act 40 of 1952, by section 25 of Act 62 of 1955, by section 4 of Act 16 of 1959, by section 16 of Act 19 of 1963, by section 4 of Act 17 of 1969 and substituted by section 32 of Act 94 of 1974 and repealed by section 344(1) of Act 51 of 1977]

97. ***

[section 97 repealed by section 344(1) of Act 51 of 1977]

98. ***

[section 98 amended by section 40 of Act 68 of 1957, by section 28 of Act 93 of 1962 and by section 18(a) and (b) of Act 19 of 1963 and repealed by section 344(1) of Act 51 of 1977]

98bis. ***

[section 98bis inserted by section 19 of Act 19 of 1963 and repealed by section 344(1) of Act 51 of 1977]

99. ***

[section 99 repealed by section 344(1) of Act 51 of 1977]

Chapter XV
Execution of sentences

100. ***

[section 100 amended by section 26 of Act 40 of 1952 and by section 5 of Act 16 of 1959 and repealed by section 344(1) of Act 51 of 1977]

101. ***

[section 101 amended by section 6(a) and (b) of Act 16 of 1959, by section 6(b) of Act 16 of 1959 and by section 20 of Act 19 of 1963 and substituted by section 1 of Act 37 of 1963 and repealed by section 344(1) of Act 51 of 1977]

102. ***

[section 102 amended by section 7 of Act 16 of 1959 and by section 2 of Act 37 of 1963 and repealed by section 344(1) of Act 51 of 1977]

Chapter XVI
Criminal appeals

103. ***

[section 103 amended by section 8 of Act 16 of 1959, by section 29 of Act 93 of 1962 and by section 17 of Act 15 of 1969 and repealed by section 344(1) of Act 51 of 1977]

104. ***

[section 104 amended by section 26 of Act 62 of 1955 and repealed by section 344(1) of Act 51 of 1977]

105. ***

[section 105 amended by section 18 of Act 15 of 1969 and repealed by section 344(1) of Act 51 of 1977]

Part IV

Chapter XVII
Offences

106. Penalty for disobedience of order of court

Any person wilfully disobeying or neglecting to comply with any order of a court or with a notice lawfully endorsed on a summons for rent prohibiting the removal of any furniture or effects, shall be guilty of contempt of court and shall, upon conviction, be liable to a fine not exceeding R500 or, in default of payment, to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine: Provided that for the purposes of this section the word ‘order’ shall not include an order referred to in section 65, 65E, 65G, 65I, 65J, 65K, 72, 74 or 74J.[section 106 amended by section 27 of Act 40 of 1952, by section 21 of Act 19 of 1963 and substituted by section 8 of Act 63 of 1976 and by section 9 of Act 19 of 1985]

106A. Offence by garnishee

Any garnishee who, by reason of an emoluments attachment order having been served on him in respect of the emoluments of a judgment debtor not occupying a position of trust in which he handles or has at his disposal moneys, securities or other articles of value, dismisses or otherwise terminates the service of such judgment debtor, shall be guilty of an offence and on conviction liable to a fine not exceeding R300 or, in default of payment, to imprisonment for a period not exceeding three months.[section 106A inserted by section 8 of Act 63 of 1976 and substituted by section 10 of Act 19 of 1985]

106B. Offence by employer

Any employer who, having been requested by an employee to furnish a written statement containing full particulars of such employee's emoluments, fails or neglects to do so within a reasonable time, or who wilfully or negligently furnishes incorrect relevant particulars, shall be guilty of an offence and on conviction liable to a fine not exceeding R300 or, in default of payment, to imprisonment for a period not exceeding three months.[section 106B inserted by section 8 of Act 63 of 1976 and substituted by section 11 of Act 19 of 1985]

107. Offences relating to execution

Any person who—
(1)obstructs a messenger or deputy sheriff in the execution of his duties;
(2)being aware that goods have been placed under arrest, interdict or attachment by the court, makes away with or disposes of those goods in any manner not authorized by law, or knowingly permits those goods, if in his possession or under his control, to be made away with or disposed of in any such manner;
(3)being a judgment debtor and being required by a messenger or deputy sheriff to point out property to satisfy a warrant issued in execution of judgment against such person, either—
(a)falsely declares to that messenger or deputy sheriff that he possesses no property or not sufficient property to satisfy the warrant; or
(b)although owning such property neglects or refuses to point out the same; or
(4)being a judgment debtor refuses or neglects to comply with any requirement of a messenger or deputy sheriff in regard to the delivery of documents in his possession or under his control relating to the title of immovable property under execution,
Shall be guilty of an offence and liable upon conviction to a fine not exceeding R500 or, in default of payment, to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.[section 107 amended by section 22 of Act 19 of 1963, substituted by section 19 of Act 53 of 1970, by section 12 of Act 19 of 1985 and amended by section 64(1) of Act 90 of 1986]

108. Custody and punishment for contempt of court

(1)If any person, whether in custody or not, wilfully insults a judicial officer during his sitting or a clerk or messenger or other officer during his attendance at such sitting, or wilfully interrupts the proceedings of the court or otherwise misbehaves himself in the place where such court is held, he shall (in addition to his liability to being removed and detained as in subsection (3) of section 5 provided) be liable to be sentenced summarily or upon summons to a fine not exceeding R2 000 or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine. In this subsection the word 'court' includes a preparatory examination held under the law relating to criminal procedure.[subsection (1) amended by section 23 of Act 19 of 1963, substituted by section 13 of Act 19 of 1985 and amended by section 3 of Act 4 of 1991]
(2)In any case in which the court commits or fines any person under the provisions of this section, the judicial officer shall without delay transmit to the registrar of the court of appeal for the consideration and review of a judge in chambers, a statement, certified by such judicial officer to be true and correct, of the grounds and reasons of his proceedings, and shall also furnish to the party committed a copy of such statement.

109. Judgment debtor to inform court of his address

(1)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 is liable in connection therewith, shall, if he has changed his place of residence, business or employment, within 14 days from the date of every such change notify the clerk of the court which gave such judgment or made such order and the judgment creditor or the judgment creditor’s attorney or, if his estate is under administration, the administrator or his attorney, fully and correctly in writing of his new place of residence, business or employment.
(2)A judgment creditor or an administrator may, if the judgment debtor concerned fails to comply with the provisions of subsection (1), issue a notice from the court of the district in which the judgment debtor resides, carries on business or is employed, calling upon the judgment debtor to appear before such court in chambers to adduce reasons why he should not be committed for such failure.
(3)A notice referred to in subsection (2) shall be prepared by the judgment creditor or the administrator or his attorney, shall be signed by the judgment creditor or the administrator or his attorney and the clerk of the court, and shall be served by the messenger of the court in the manner prescribed in the rules for the service of process in general at least 7 days before the date of the hearing mentioned therein.
(4)At the hearing of the proceedings in terms of a notice referred to in subsection (2) the court may, whether the judgment debtor is present in court or not, make an order, in its discretion, for the committal of the judgment debtor for a period not exceeding 30 days or sentence him to periodical imprisonment, in accordance with the laws relating to prisons, for a period not exceeding 720 hours, for failure to comply with the provisions of subsection (1), and the court may authorize the issue of a warrant for his arrest and committal to a prison specified in the warrant.
(5)The court may at any time on good cause shown suspend any order or warrant referred to in subsection (4), on such conditions as it may deem just and reasonable.
(6)No order shall be made under subsection (4) and no warrant authorized under that subsection if the judgment debtor proves to be satisfaction of the court that he is under the age of 18 years or that his failure to comply with the provisions of subsection (1) was not wilful.
(7)The provisions of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), relating to periodical imprisonment shall, mutatis mutandis, apply to periodical imprisonment imposed in terms of this section.
(8)In proceedings under this section the court may make such order with regard to costs as it may deem just and reasonable.
[section 109 substituted by section 28 of Act 40 of 1952 and amended by section 24 of Act 19 of 1963 and substituted by section 9 of Act 63 of 1976]

Part V

Chapter XVIII
General and supplementary

110. Jurisdiction as to plea of ultra vires

No magistrate's court shall be competent to pronounce upon the validity of a provincial ordinance or an ordinance of the Legislative Assembly of the territory or of a statutory proclamation of the State President or of the Administrator of the territory, and every such court shall assume that every such ordinance or proclamation is valid; but every such court shall be competent to pronounce upon the validity of any statutory regulation, order or bye-law.[section 110 substituted by section 20 of Act 53 of 1970]

111. Amendment of proceedings

(1)In any civil proceedings, the court may, at any time before judgment, amend any summons or other document forming part of the record: Provided that no amendment shall be made by which any party other than the party applying for such amendment may (notwithstanding adjournment) be prejudiced in the conduct of his action or defence.
(2)In civil proceedings an amendment may be made upon such terms as to costs and otherwise as the court may judge reasonable.
(3)No misnomer in regard to the name of any person or place shall vitiate any proceedings of the court if the person or place is described as commonly known, and the court may, on application, correct such misnomer at any time before or after judgment is given.[subsection (3) substituted by section 10(a) of Act 63 of 1976]
(4)[subsection (4) added by section 10(b) of Act 63 of 1976 and deleted by section 4 of Act 132 of 1993]

112. Administration of oath or affirmation

The oath to be taken by any witness in any civil proceedings in any court shall be administered by the officer presiding at such proceedings or by the clerk of the court (or any person acting in his stead) in the presence of the said officer, or if the witness is to give his evidence through an interpreter, by the said officer through the interpreter or by the interpreter in the said officer’s presence.[section 112 substituted by section 11 of Act 91 of 1977]

113. ***

[section 113 repealed by section 33 of Act 94 of 1974]

114. Savings and non-application of Act

(1)Nothing in this Act contained shall be construed as affecting the operation of the Criminal Procedure Act, 1977.[subsection (1) substituted by section 9 of Act 16 of 1959 and amended by section 12 of Act 91 of 1977]
(2)Nothing in this Act contained shall be construed as depriving any superior court of any power to review and correct the proceedings of any magistrate’s court.
(3)Nothing in this Act contained shall be construed as affecting the provisions of section one hundred and five of the South Africa Act, 1909, relating to appeals to the Appellate Division.
(4)[subsection (4) deleted by section 5 of Act 104 of 1996]

115. Saving of pending proceedings

(1)Nothing in this Act shall affect proceedings pending at the commencement of this Act and such proceedings shall be continued and concluded in every respect as if this Act had not been passed.
(2)Proceedings shall, for the purposes of this section, be deemed to be pending if, at the commencement of this Act, summons had been issued or the accused had pleaded but judgment had not been given; and to be concluded when judgment is given.
(3)At the expiration of one year from the commencement of this Act, sub-section (1) of this section shall cease to have effect; and any cases pending at the commencement of this Act and not concluded within one year thereafter shall become subject to the provisions of this Act.

115A. Application of Act to the territory of South West Africa

(1)This Act and any amendment thereof shall apply also in the territory, including the Eastern Caprivi Zipfel.
(2)[subsection (2) deleted by section 13 of Act 91 of 1977]
(3)[subsection (3) deleted by section 13 of Act 91 of 1977]
[section 115A inserted by section 21 of Act 53 of 1970]

116. Laws repealed

The laws specified in the Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule.

117. Short title

This Act may be cited for all purposes as the Magistrates’ Courts Act, 1944, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.

Schedule

Laws repealed

No. and YearTitleExtent of repeal
Act No. 32 of 1917.Magistrates’ Courts ActThe whole, except the Second Schedule
Act No. 13 of 1921.Magistrates’ Courts Act Amendment Act.So much as remains unrepealed.
Act No. 9 of 1923.Magistrates’ Courts Act, 1917, Further Amendment Act.So much as remains unrepealed.
Act No. 39 of 1926.Criminal and Magistrates’ Courts Procedure (Amendment) Act.Sections forty-nine to sixty inclusive.
Act No. 17 of 1932.Magistrates’ Courts Amendment Act.The whole.
Act No. 46 of 1935.General Law Amendment Act.Sections eighty-three to ninety-nine inclusive.
Act No. 21 of 1942.Civil Imprisonment Restriction Act.Sections one, two and three.
No. and year of lawShort titleExtent of repeal
Ordinance No. 29 of 1963.Magistrates' Courts Ordinance, 1963.The whole
Ordinance No. 36 of 1965.General Law Amendment Ordinance, 1965.Sections 6, 7, 8, 9, 10, 11, 12, 13 and 14.
Ordinance No. 4 of 1968.General Law Amendment Ordinance, 1968.Sections 2, 3 and 4.
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Subsidiary legislation

Title Numbered title
Abolishment of magisterial districts and subdistricts and their courts in respect of the Limpopo and Mpumalanga provinces, 2015 Government Notice 1267 of 2015
Amendment of the area of jurisdiction of Mbibana Magisterial District, 2014 Government Notice 966 of 2014
Annexation of district of Lehurutshe to be part of Zeerust sub-district, 2014 Government Notice 856 of 2014
Annexing certain magisterial districts to the Johannesburg North magisterial districts for the duration of the 2018 BRICS Summit Government Notice 716 of 2018
Annexure of certain districts to other districts for the duration of the BRICS summit for the period 21-25 August 2023 Government Notice 3809 of 2023
Appointment of Booysens as a place for the holding of a court for the Johannesburg Central magisterial district, 2019 Government Notice 285 of 2019
Appointment of Motherwell as a place for the holding of a court for the district of Port Elizabeth, 2007 Government Notice 58 of 2007
Appointment of Nerina One-Stop Child Justice Centre as a place for the holding of a court, 2014 Government Notice 1021 of 2014
Appointment of Palm Ridge as a place for holding of a court for the District of Alberton, 2012 Government Notice 617 of 2012
Appointment of Plettenberg Bay as a place for the holding of a court for Knysna magisterial district to serve the Bitou Municipality, 2019 Government Notice 284 of 2019
Appointment of Rietfontein as a place for the holding of a periodical court for the district of Gordonia, 2006 Government Notice 1151 of 2006
Appointment of Ritchie as a place for the holding of a periodical court within the magisterial district of francis baard, 2022 Government Notice 50 of 2020
Appointment of a place for the holding of a court for magisterial district of Mitchells Plain, 2018 Government Notice 393 of 2018
Appointment of a place for the holding of a court for magisterial district of The Cape, 2018 Government Notice 61 of 2018
Appointment of a place within the district other than the seat of the magistracy for the holding of a court: Mangaung Magisterial District, 2022 Government Notice 2720 of 2022
Appointment of places for the holding of a court, 2007 Government Notice 1180 of 2007
Appointment of places of sitting and periodical courts for Gauteng and North West Provinces, 2014 Government Notice 962 of 2014
Appointment of places within a district other than the seat of the magistracy for the holding of a court, 2022 Government Notice 783 of 2021
Appointment of places within district for the holding of courts, 2015 Government Notice 412 of 2015
Conversion of certain places for the holding of court (branch courts) and periodical court as courts at which all court-related services are provided, 2022 General Notice 928 of 2022
Creation of an administrative region for administrative purposes, 2003 Government Notice 629 of 2003
Creation of magisterial districts and establishment of district courts for Gauteng and North West Provinces, 2014 Government Notice 43 of 2014
Creation of magisterial districts and establishment of district courts in respect of the Limpopo Province, 2016 Government Notice 491 of 2016
Creation of magisterial districts and establishment of district courts in respect of the Mpumalanga Province, 2016 Government Notice 492 of 2016
Creation of magisterial districts and establishment of district courts in respect of the Northern Cape Province, 2018 Government Notice 409 of 2018
Creation of magisterial districts and the establishment of district courts in respect of the Eastern Cape Province, 2022 General Notice 931 of 2022
Creation of magisterial districts and the establishment of district courts in respect of the Free State Province, 2022 General Notice 929 of 2022
Creation of magisterial districts and the establishment of district courts in respect of the KwaZulu-Natal Province, 2022 General Notice 930 of 2022
Creation of magisterial districts and the establishment of district courts in respect of the Western Cape Province, 2022 General Notice 932 of 2022
Creation of magisterial districts and the establishment of district courts in respect of the Western Cape Province, 2023 Government Notice 3559 of 2023
Creation of sub-districts and appointment of places for the holding of courts, 2009 Government Notice 776 of 2009
Creation of sub-districts and appointment of places for the holding of courts, 2011 Government Notice 777 of 2011
Creation of sub-districts and appointment of places for the holding of courts, 2013 Government Notice 290 of 2013
Creation of sub-districts and appointment of places for the holding of courts, 2015 Government Notice 265 of 2015
Creation of sub-districts and establishment of detached courts, 2014 Government Notice 860 of 2014
Creation of sub-districts and the appointment of places the holding of courts, 2014 Government Notice 121 of 2014
Dedicated courts for the hearing of alleged offences associated with the BRICS summit, 2023 Government Notice 3808 of 2023
Definition of local limits of districts created in respect of Gauteng and North-West Provinces, 2014 Government Notice 861 of 2014
Detaching portions of the Taung magisterial district to form a sub-district and detached court for Kgomotso area, 2018 Government Notice 738 of 2018
Determination of benefits of magistrates who have to dispose of cases after vacating the office of magistrate, 2009 Government Notice R423 of 2009
Determination of benefits of magistrates who have to dispose of cases after vacating the office of magistrate, 2023 Government Notice 3774 of 2023
Determination of conditions of authorisation in terms of section 15(2A), 2014 Government Notice 465 of 2014
Determination of monetary jurisdiction for causes of action in respect of courts for districts, 2014 Government Notice 217 of 2014
Determination of monetary jurisdiction for causes of action in respect of regional divisions, 2014 Government Notice 216 of 2014
Districts and sub-districts for the implementation of rules on mediation, 2014 Government Notice 855 of 2014
Districts and sub-districts for the implementation of rules on mediation, 2018 Government Notice 150 of 2018
Establishment of courts for regional divisions for adjudicating civil disputes, appointment of places for the holding of the courts and prescription of the local limits within which the courts shall have jurisdiction, 2022 Government Notice 1161 of 2020
Establishment of courts for regional divisions for the adjudication of certain civil disputes, appointment of places for the holding of courts, local limits of jurisdiction, and determination of monetary jurisdiction, 2013 Government Notice 670 of 2010
Fees payable to mediators and the qualifications, standards and levels of mediators, 2014 Government Notice 854 of 2014
Increasing the and decreasing local limits: Bronkhorstspruit and Mkobola, 2010 Government Notice 669 of 2010
Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa Government Notice R740 of 2010
Tariff of allowances payable to witnesses in civil cases, 2008 Government Notice R394 of 2008
Tariff of allowances payable to witnesses in civil cases, 2008: Amendment Government Notice R965 of 2017
Varying of notice regarding the magisterial district of Ntabankulu, 2015 Government Notice 601 of 2015
Withdrawal of Government Notice 670 of 24 August 2012 and appointment of a place within the district of Mossel Bay for the holding of court, 2013 Government Notice 883 of 2013
Withdrawal of Notice regarding the designation of certain courts for the application of mediation rules, 2019 Government Notice 1215 of 2019
Withdrawal of Notices Creating Magisterial Districts and Establishing District Courts for Gauteng and North West Provinces Government Notice 42 of 2014
Withdrawal of notice annexing the seat of the district of Rustenburg to the sub-district Tlhabane, 2017 Government Notice 379 of 2017
Withdrawal of notice annexing the sub-district of Vuwani to the magisterial district of Thulamela (Thohoyandou), 2016 Government Notice 988 of 2016
Withdrawal of notices creating detached courts, 2014 Government Notice 859 of 2014
Withdrawal of notices creating districts and establishing courts for the Limpopo and Mpumalanga Provinces, 2015 Government Notice 1261 of 2015
Withdrawal of notices creating places of sitting and periodical courts, 2014 Government Notice 965 of 2014

Cited documents 11

Legislation 11
  1. Constitution of the Republic of South Africa, 1996
  2. Criminal Procedure Act, 1977
  3. Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969
  4. Judges Remuneration and Conditions of Employment Act, 2001
  5. Magistrates Act, 1993
  6. Matrimonial Property Act, 1984
  7. Mediation in Certain Divorce Matters Act, 1987
  8. National Credit Act, 2005
  9. Older Persons Act, 2006
  10. Recognition of Customary Marriages Act, 1998
  11. Rules Board for Courts of Law Act, 1985

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  411. South Africa Government Gazette Legal Notices B dated 1999-12-24 number 20735
  412. South Africa Government Gazette Legal Notices B dated 1999-12-30 number 20755
  413. South Africa Government Gazette Legal Notices B dated 2000-01-07 number 20786 part 1
  414. South Africa Government Gazette Legal Notices B dated 2000-01-07 number 20786 part 2
  415. South Africa Government Gazette Legal Notices B dated 2000-01-14 number 20795 part 1
  416. South Africa Government Gazette Legal Notices B dated 2000-01-28 number 20822
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  418. South Africa Government Gazette Legal Notices B dated 2000-02-11 number 20857
  419. South Africa Government Gazette Legal Notices B dated 2000-02-11 number 20857 part 2
  420. South Africa Government Gazette Legal Notices B dated 2000-02-18 number 20879
  421. South Africa Government Gazette Legal Notices B dated 2000-02-18 number 20879 part 1
  422. South Africa Government Gazette Legal Notices B dated 2000-02-25 number 20899
  423. South Africa Government Gazette Legal Notices B dated 2000-02-25 number 20899 part 1
  424. South Africa Government Gazette Legal Notices B dated 2000-03-03 number 20927
  425. South Africa Government Gazette Legal Notices B dated 2000-03-03 number 20927 part 2
  426. South Africa Government Gazette Legal Notices B dated 2000-03-10 number 20948 part 2
  427. South Africa Government Gazette Legal Notices B dated 2000-03-17 number 20967 part 1
  428. South Africa Government Gazette Legal Notices B dated 2000-03-17 number 20967 part 2
  429. South Africa Government Gazette Legal Notices B dated 2000-03-24 number 20996 part 1
  430. South Africa Government Gazette Legal Notices B dated 2000-03-24 number 20996 part 2
  431. South Africa Government Gazette Legal Notices B dated 2000-03-31 number 21020
  432. South Africa Government Gazette Legal Notices B dated 2000-03-31 number 21020 part 1
  433. South Africa Government Gazette Legal Notices B dated 2000-03-31 number 21020 part 2
  434. South Africa Government Gazette Legal Notices B dated 2000-04-07 number 21044
  435. South Africa Government Gazette Legal Notices B dated 2000-04-07 number 21044 part 2
  436. South Africa Government Gazette Legal Notices B dated 2000-04-14 number 21069 part 1
  437. South Africa Government Gazette Legal Notices B dated 2000-04-14 number 21069 part 2
  438. South Africa Government Gazette Legal Notices B dated 2000-04-20 number 21095
  439. South Africa Government Gazette Legal Notices B dated 2000-04-28 number 21117
  440. South Africa Government Gazette Legal Notices B dated 2000-05-05 number 21135
  441. South Africa Government Gazette Legal Notices B dated 2000-05-12 number 21148
  442. South Africa Government Gazette Legal Notices B dated 2000-05-19 number 21177
  443. South Africa Government Gazette Legal Notices B dated 2000-05-19 number 21177 part 2
  444. South Africa Government Gazette Legal Notices B dated 2000-05-26 number 21199 part 1
  445. South Africa Government Gazette Legal Notices B dated 2000-05-26 number 21199 part 2
  446. South Africa Government Gazette Legal Notices B dated 2000-06-02 number 21223 part 1
  447. South Africa Government Gazette Legal Notices B dated 2000-06-02 number 21223 part 2
  448. South Africa Government Gazette Legal Notices B dated 2000-06-09 number 21244 part 1
  449. South Africa Government Gazette Legal Notices B dated 2000-06-09 number 21244 part 2
  450. South Africa Government Gazette Legal Notices B dated 2000-06-15 number 21265
  451. South Africa Government Gazette Legal Notices B dated 2000-06-23 number 21282
  452. South Africa Government Gazette Legal Notices B dated 2000-06-23 number 21282 part 2
  453. South Africa Government Gazette Legal Notices B dated 2000-06-30 number 21312 part 1
  454. South Africa Government Gazette Legal Notices B dated 2000-06-30 number 21312 part 2
  455. South Africa Government Gazette Legal Notices B dated 2000-07-07 number 21332 part 1
  456. South Africa Government Gazette Legal Notices B dated 2000-07-07 number 21332 part 2
  457. South Africa Government Gazette Legal Notices B dated 2000-07-14 number 21359 part 1
  458. South Africa Government Gazette Legal Notices B dated 2000-07-14 number 21359 part 2
  459. South Africa Government Gazette Legal Notices B dated 2000-07-21 number 21374 part 1
  460. South Africa Government Gazette Legal Notices B dated 2000-08-04 number 21413
  461. South Africa Government Gazette Legal Notices B dated 2000-08-11 number 21440 part 1
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  463. South Africa Government Gazette Legal Notices B dated 2000-08-18 number 21464
  464. South Africa Government Gazette Legal Notices B dated 2000-08-18 number 21464 part 2
  465. South Africa Government Gazette Legal Notices B dated 2000-08-25 number 21485 part 1
  466. South Africa Government Gazette Legal Notices B dated 2000-08-25 number 21485 part 2
  467. South Africa Government Gazette Legal Notices B dated 2000-09-01 number 21503 part 1
  468. South Africa Government Gazette Legal Notices B dated 2000-09-01 number 21503 part 2
  469. South Africa Government Gazette Legal Notices B dated 2000-09-08 number 21522
  470. South Africa Government Gazette Legal Notices B dated 2000-09-08 number 21522 part 1
  471. South Africa Government Gazette Legal Notices B dated 2000-09-15 number 21551 part 1
  472. South Africa Government Gazette Legal Notices B dated 2000-09-22 number 21568
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  489. South Africa Government Gazette Legal Notices B dated 2001-03-02 number 22095 part 2
  490. South Africa Government Gazette Legal Notices B dated 2001-03-09 number 22108
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  495. South Africa Government Gazette Legal Notices B dated 2001-03-30 number 22165
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  498. South Africa Government Gazette Legal Notices B dated 2001-04-12 number 22204
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  504. South Africa Government Gazette Legal Notices B dated 2001-05-11 number 22272
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  515. South Africa Government Gazette Legal Notices B dated 2001-07-13 number 22447
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  530. South Africa Government Gazette Legal Notices B dated 2001-11-09 number 22803
  531. South Africa Government Gazette Legal Notices B dated 2001-11-09 number 22803 part 2
  532. South Africa Government Gazette Legal Notices B dated 2001-11-30 number 22862
  533. South Africa Government Gazette Legal Notices B dated 2001-12-07 number 22880
  534. South Africa Government Gazette Legal Notices B dated 2001-12-21 number 22943
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  580. South Africa Government Gazette Legal Notices B dated 2003-01-17 number 24242
  581. South Africa Government Gazette Legal Notices B dated 2003-01-24 number 24266
  582. South Africa Government Gazette Legal Notices B dated 2003-01-31 number 24300
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  588. South Africa Government Gazette Legal Notices B dated 2003-03-20 number 25039
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  590. South Africa Government Gazette Legal Notices B dated 2003-04-11 number 24696
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  592. South Africa Government Gazette Legal Notices B dated 2003-04-17 number 24733
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  595. South Africa Government Gazette Legal Notices B dated 2003-05-02 number 24796
  596. South Africa Government Gazette Legal Notices B dated 2003-05-09 number 24825
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  601. South Africa Government Gazette Legal Notices B dated 2003-05-23 number 24878
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  612. South Africa Government Gazette Legal Notices B dated 2003-08-15 number 25305 part 1
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  614. South Africa Government Gazette Legal Notices B dated 2003-08-22 number 25353
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  618. South Africa Government Gazette Legal Notices B dated 2003-09-12 number 25428
  619. South Africa Government Gazette Legal Notices B dated 2003-09-19 number 25455
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  622. South Africa Government Gazette Legal Notices B dated 2003-10-03 number 25494
  623. South Africa Government Gazette Legal Notices B dated 2003-10-10 number 25526
  624. South Africa Government Gazette Legal Notices B dated 2003-10-10 number 25526 part 1
  625. South Africa Government Gazette Legal Notices B dated 2003-10-17 number 25564
  626. South Africa Government Gazette Legal Notices B dated 2003-10-24 number 25604
  627. South Africa Government Gazette Legal Notices B dated 2003-10-31 number 25624 part 1
  628. South Africa Government Gazette Legal Notices B dated 2003-10-31 number 25624 part 2
  629. South Africa Government Gazette Legal Notices B dated 2003-11-07 number 25669
  630. South Africa Government Gazette Legal Notices B dated 2003-11-14 number 25692 part 1
  631. South Africa Government Gazette Legal Notices B dated 2003-11-21 number 25731
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  640. South Africa Government Gazette Legal Notices B dated 2004-01-16 number 25907
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  735. South Africa Government Gazette Legal Notices B dated 2006-12-01 number 29415
  736. South Africa Government Gazette Legal Notices B dated 2006-12-22 number 29484
  737. South Africa Government Gazette Legal Notices B dated 2007-03-23 number 29709
  738. South Africa Government Gazette Legal Notices B dated 2008-04-30 number 31008
  739. South Africa Government Gazette Legal Notices B dated 2008-12-19 number 31718
  740. South Africa Government Gazette Legal Notices B dated 2009-04-30 number 32160
  741. South Africa Government Gazette Legal Notices B dated 2009-12-31 number 32840
  742. South Africa Government Gazette Legal Notices B dated 2010-12-03 number 33815
  743. South Africa Government Gazette Legal Notices B dated 2011-04-21 number 34217
  744. South Africa Government Gazette Legal Notices B dated 2011-12-02 number 34791
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  746. South Africa Government Gazette Legal Notices B dated 2012-04-05 number 35215
  747. South Africa Government Gazette Legal Notices B dated 2012-06-01 number 35387
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  1101. South Africa Government Gazette dated 1950-11-17 number 4491
  1102. South Africa Government Gazette dated 1950-12-01 number 4498
  1103. South Africa Government Gazette dated 1950-12-08 number 4502
  1104. South Africa Government Gazette dated 1950-12-29 number 4515
  1105. South Africa Government Gazette dated 1951-01-01 number 4517
  1106. South Africa Government Gazette dated 1951-01-12 number 4522
  1107. South Africa Government Gazette dated 1951-01-24 number 4530
  1108. South Africa Government Gazette dated 1951-02-23 number 4550
  1109. South Africa Government Gazette dated 1951-03-02 number 4554
  1110. South Africa Government Gazette dated 1951-03-09 number 4558
  1111. South Africa Government Gazette dated 1951-04-13 number 4578
  1112. South Africa Government Gazette dated 1951-04-27 number 4590
  1113. South Africa Government Gazette dated 1951-05-04 number 4599
  1114. South Africa Government Gazette dated 1951-05-11 number 4605
  1115. South Africa Government Gazette dated 1951-06-15 number 4628
  1116. South Africa Government Gazette dated 1951-06-22 number 4636
  1117. South Africa Government Gazette dated 1951-07-20 number 4659
  1118. South Africa Government Gazette dated 1951-07-27 number 4665
  1119. South Africa Government Gazette dated 1951-08-17 number 4678
  1120. South Africa Government Gazette dated 1951-08-24 number 4682
  1121. South Africa Government Gazette dated 1951-08-31 number 4685
  1122. South Africa Government Gazette dated 1951-09-07 number 4688
  1123. South Africa Government Gazette dated 1951-09-14 number 4691
  1124. South Africa Government Gazette dated 1951-09-28 number 4701
  1125. South Africa Government Gazette dated 1951-10-12 number 4705
  1126. South Africa Government Gazette dated 1951-10-12 number 4708
  1127. South Africa Government Gazette dated 1951-10-19 number 4711
  1128. South Africa Government Gazette dated 1951-10-26 number 4716
  1129. South Africa Government Gazette dated 1952-01-04 number 4761
  1130. South Africa Government Gazette dated 1952-01-11 number 4764
  1131. South Africa Government Gazette dated 1952-01-18 number 4767
  1132. South Africa Government Gazette dated 1952-01-25 number 4771
  1133. South Africa Government Gazette dated 1952-02-01 number 4776
  1134. South Africa Government Gazette dated 1952-02-04 number 4779
  1135. South Africa Government Gazette dated 1952-02-14 number 4785
  1136. South Africa Government Gazette dated 1952-02-29 number 4794
  1137. South Africa Government Gazette dated 1952-03-07 number 4799
  1138. South Africa Government Gazette dated 1952-03-21 number 4809
  1139. South Africa Government Gazette dated 1952-03-28 number 4813
  1140. South Africa Government Gazette dated 1952-03-28 number 4814
  1141. South Africa Government Gazette dated 1952-04-03 number 4817
  1142. South Africa Government Gazette dated 1952-04-18 number 4827
  1143. South Africa Government Gazette dated 1952-04-25 number 4830
  1144. South Africa Government Gazette dated 1952-05-02 number 4836
  1145. South Africa Government Gazette dated 1952-05-09 number 4841
  1146. South Africa Government Gazette dated 1952-05-16 number 4846
  1147. South Africa Government Gazette dated 1952-05-23 number 4849
  1148. South Africa Government Gazette dated 1952-05-30 number 4853
  1149. South Africa Government Gazette dated 1952-06-06 number 4858
  1150. South Africa Government Gazette dated 1952-06-20 number 4865
  1151. South Africa Government Gazette dated 1952-06-27 number 4873
  1152. South Africa Government Gazette dated 1952-06-27 number 4874
  1153. South Africa Government Gazette dated 1952-07-04 number 4880
  1154. South Africa Government Gazette dated 1952-08-01 number 4897
  1155. South Africa Government Gazette dated 1952-08-08 number 4902
  1156. South Africa Government Gazette dated 1952-08-22 number 4912
  1157. South Africa Government Gazette dated 1952-08-29 number 4916
  1158. South Africa Government Gazette dated 1952-09-05 number 4919
  1159. South Africa Government Gazette dated 1952-09-12 number 4921
  1160. South Africa Government Gazette dated 1952-09-19 number 4924
  1161. South Africa Government Gazette dated 1952-09-26 number 4929
  1162. South Africa Government Gazette dated 1952-09-26 number 4930
  1163. South Africa Government Gazette dated 1952-09-26 number 4933
  1164. South Africa Government Gazette dated 1952-10-03 number 4934
  1165. South Africa Government Gazette dated 1952-10-09 number 4939
  1166. South Africa Government Gazette dated 1952-10-17 number 4943
  1167. South Africa Government Gazette dated 1952-10-31 number 4951
  1168. South Africa Government Gazette dated 1952-11-07 number 4955
  1169. South Africa Government Gazette dated 1952-11-14 number 4960
  1170. South Africa Government Gazette dated 1952-12-12 number 4976
  1171. South Africa Government Gazette dated 1952-12-19 number 4979
  1172. South Africa Government Gazette dated 1953-01-02 number 4985
  1173. South Africa Government Gazette dated 1953-01-09 number 4988
  1174. South Africa Government Gazette dated 1953-01-30 number 4997
  1175. South Africa Government Gazette dated 1953-02-06 number 5001
  1176. South Africa Government Gazette dated 1953-02-13 number 5004
  1177. South Africa Government Gazette dated 1953-02-20 number 5006
  1178. South Africa Government Gazette dated 1953-02-27 number 5013
  1179. South Africa Government Gazette dated 1953-03-06 number 5019
  1180. South Africa Government Gazette dated 1953-03-13 number 5023
  1181. South Africa Government Gazette dated 1953-03-20 number 5032
  1182. South Africa Government Gazette dated 1953-03-27 number 5039
  1183. South Africa Government Gazette dated 1953-04-02 number 5046
  1184. South Africa Government Gazette dated 1953-04-10 number 5049
  1185. South Africa Government Gazette dated 1953-04-24 number 5057
  1186. South Africa Government Gazette dated 1953-05-01 number 5062
  1187. South Africa Government Gazette dated 1953-05-22 number 5070
  1188. South Africa Government Gazette dated 1953-05-29 number 5073
  1189. South Africa Government Gazette dated 1953-06-05 number 5075
  1190. South Africa Government Gazette dated 1953-06-19 number 5082
  1191. South Africa Government Gazette dated 1953-06-19 number 5086
  1192. South Africa Government Gazette dated 1953-07-24 number 5100
  1193. South Africa Government Gazette dated 1953-07-31 number 5105
  1194. South Africa Government Gazette dated 1953-08-07 number 5110
  1195. South Africa Government Gazette dated 1953-08-14 number 5116
  1196. South Africa Government Gazette dated 1953-09-04 number 5131
  1197. South Africa Government Gazette dated 1953-09-11 number 5134
  1198. South Africa Government Gazette dated 1953-09-18 number 5138
  1199. South Africa Government Gazette dated 1953-09-25 number 5143
  1200. South Africa Government Gazette dated 1953-10-02 number 5155
  1201. South Africa Government Gazette dated 1953-10-09 number 5158
  1202. South Africa Government Gazette dated 1953-10-30 number 5171
  1203. South Africa Government Gazette dated 1954-02-05 number 5221
  1204. South Africa Government Gazette dated 1954-02-12 number 5222
  1205. South Africa Government Gazette dated 1954-03-01 number 5232
  1206. South Africa Government Gazette dated 1954-03-05 number 5233
  1207. South Africa Government Gazette dated 1954-03-12 number 5239
  1208. South Africa Government Gazette dated 1954-03-19 number 5243
  1209. South Africa Government Gazette dated 1954-03-26 number 5247
  1210. South Africa Government Gazette dated 1954-04-02 number 5251
  1211. South Africa Government Gazette dated 1954-04-02 number 5254
  1212. South Africa Government Gazette dated 1954-04-09 number 5255
  1213. South Africa Government Gazette dated 1954-04-15 number 5259
  1214. South Africa Government Gazette dated 1954-05-21 number 5280
  1215. South Africa Government Gazette dated 1954-05-28 number 5282
  1216. South Africa Government Gazette dated 1954-06-11 number 5288
  1217. South Africa Government Gazette dated 1954-06-18 number 5294
  1218. South Africa Government Gazette dated 1954-06-25 number 5298
  1219. South Africa Government Gazette dated 1954-06-25 number 5300
  1220. South Africa Government Gazette dated 1954-07-02 number 5303
  1221. South Africa Government Gazette dated 1954-07-09 number 5306
  1222. South Africa Government Gazette dated 1954-07-16 number 5311
  1223. South Africa Government Gazette dated 1954-07-23 number 5313
  1224. South Africa Government Gazette dated 1954-07-30 number 5317
  1225. South Africa Government Gazette dated 1954-08-06 number 5321
  1226. South Africa Government Gazette dated 1954-08-13 number 5325
  1227. South Africa Government Gazette dated 1954-08-20 number 5328
  1228. South Africa Government Gazette dated 1954-09-24 number 5345
  1229. South Africa Government Gazette dated 1954-10-01 number 5348
  1230. South Africa Government Gazette dated 1954-10-08 number 5351
  1231. South Africa Government Gazette dated 1954-10-15 number 5355
  1232. South Africa Government Gazette dated 1954-10-22 number 5359
  1233. South Africa Government Gazette dated 1954-10-29 number 5364
  1234. South Africa Government Gazette dated 1954-11-05 number 5367
  1235. South Africa Government Gazette dated 1954-11-12 number 5373
  1236. South Africa Government Gazette dated 1954-11-19 number 5376
  1237. South Africa Government Gazette dated 1954-11-22 number 5379
  1238. South Africa Government Gazette dated 1954-12-03 number 5385
  1239. South Africa Government Gazette dated 1954-12-10 number 5389
  1240. South Africa Government Gazette dated 1954-12-17 number 5391
  1241. South Africa Government Gazette dated 1955-01-07 number 5399
  1242. South Africa Government Gazette dated 1955-01-21 number 5405
  1243. South Africa Government Gazette dated 1955-01-28 number 5408
  1244. South Africa Government Gazette dated 1955-02-04 number 5413
  1245. South Africa Government Gazette dated 1955-02-11 number 5417
  1246. South Africa Government Gazette dated 1955-03-04 number 5426
  1247. South Africa Government Gazette dated 1955-03-11 number 5429
  1248. South Africa Government Gazette dated 1955-03-18 number 5434
  1249. South Africa Government Gazette dated 1955-03-25 number 5437
  1250. South Africa Government Gazette dated 1955-05-13 number 5469
  1251. South Africa Government Gazette dated 1955-05-20 number 5476
  1252. South Africa Government Gazette dated 1955-07-01 number 5510
  1253. South Africa Government Gazette dated 1955-07-15 number 5517
  1254. South Africa Government Gazette dated 1955-07-29 number 5521
  1255. South Africa Government Gazette dated 1955-08-05 number 5524
  1256. South Africa Government Gazette dated 1955-08-12 number 5529
  1257. South Africa Government Gazette dated 1955-09-02 number 5542
  1258. South Africa Government Gazette dated 1955-09-16 number 5547
  1259. South Africa Government Gazette dated 1955-09-23 number 5550
  1260. South Africa Government Gazette dated 1955-09-30 number 5553
  1261. South Africa Government Gazette dated 1955-10-07 number 5558
  1262. South Africa Government Gazette dated 1955-10-14 number 5562
  1263. South Africa Government Gazette dated 1955-10-28 number 5568
  1264. South Africa Government Gazette dated 1955-11-04 number 5573
  1265. South Africa Government Gazette dated 1955-11-18 number 5579
  1266. South Africa Government Gazette dated 1955-12-30 number 5608
  1267. South Africa Government Gazette dated 1956-01-06 number 5609
  1268. South Africa Government Gazette dated 1956-01-13 number 5611
  1269. South Africa Government Gazette dated 1956-01-20 number 5615
  1270. South Africa Government Gazette dated 1956-01-27 number 5618
  1271. South Africa Government Gazette dated 1956-02-03 number 5622
  1272. South Africa Government Gazette dated 1956-02-10 number 5625
  1273. South Africa Government Gazette dated 1956-02-24 number 5633
  1274. South Africa Government Gazette dated 1956-03-02 number 5638
  1275. South Africa Government Gazette dated 1956-03-16 number 5651
  1276. South Africa Government Gazette dated 1956-03-29 number 5657
  1277. South Africa Government Gazette dated 1956-04-13 number 5662
  1278. South Africa Government Gazette dated 1956-04-20 number 5663
  1279. South Africa Government Gazette dated 1956-05-11 number 5677
  1280. South Africa Government Gazette dated 1956-06-01 number 5687
  1281. South Africa Government Gazette dated 1956-06-22 number 5703
  1282. South Africa Government Gazette dated 1956-06-29 number 5706
  1283. South Africa Government Gazette dated 1956-07-06 number 5712
  1284. South Africa Government Gazette dated 1956-07-13 number 5716
  1285. South Africa Government Gazette dated 1956-07-20 number 5719
  1286. South Africa Government Gazette dated 1956-07-27 number 5722
  1287. South Africa Government Gazette dated 1956-08-10 number 5727
  1288. South Africa Government Gazette dated 1956-08-17 number 5728
  1289. South Africa Government Gazette dated 1956-08-24 number 5731
  1290. South Africa Government Gazette dated 1956-08-31 number 5734
  1291. South Africa Government Gazette dated 1956-09-07 number 5737
  1292. South Africa Government Gazette dated 1956-09-21 number 5742
  1293. South Africa Government Gazette dated 1956-09-28 number 5747
  1294. South Africa Government Gazette dated 1956-10-12 number 5755
  1295. South Africa Government Gazette dated 1956-10-19 number 5757
  1296. South Africa Government Gazette dated 1956-10-26 number 5760
  1297. South Africa Government Gazette dated 1956-11-02 number 5764
  1298. South Africa Government Gazette dated 1956-11-23 number 5774
  1299. South Africa Government Gazette dated 1956-11-30 number 5777
  1300. South Africa Government Gazette dated 1956-12-07 number 5780
  1301. South Africa Government Gazette dated 1956-12-14 number 5783
  1302. South Africa Government Gazette dated 1956-12-21 number 5789
  1303. South Africa Government Gazette dated 1957-01-04 number 5797
  1304. South Africa Government Gazette dated 1957-02-08 number 5814
  1305. South Africa Government Gazette dated 1957-02-15 number 5817
  1306. South Africa Government Gazette dated 1957-02-22 number 5823
  1307. South Africa Government Gazette dated 1957-03-01 number 5828
  1308. South Africa Government Gazette dated 1957-04-05 number 5848
  1309. South Africa Government Gazette dated 1957-04-05 number 5850
  1310. South Africa Government Gazette dated 1957-04-12 number 5851
  1311. South Africa Government Gazette dated 1957-04-26 number 5857
  1312. South Africa Government Gazette dated 1957-05-03 number 5859
  1313. South Africa Government Gazette dated 1957-05-29 number 5879
  1314. South Africa Government Gazette dated 1957-06-07 number 5883
  1315. South Africa Government Gazette dated 1957-06-19 number 5888
  1316. South Africa Government Gazette dated 1957-06-21 number 5890
  1317. South Africa Government Gazette dated 1957-06-28 number 5894
  1318. South Africa Government Gazette dated 1957-06-28 number 5895
  1319. South Africa Government Gazette dated 1957-07-05 number 5900
  1320. South Africa Government Gazette dated 1957-07-05 number 5901
  1321. South Africa Government Gazette dated 1957-07-12 number 5909
  1322. South Africa Government Gazette dated 1959-04-03 number 6199
  1323. South Africa Government Gazette dated 1959-04-10 number 6203
  1324. South Africa Government Gazette dated 1959-04-17 number 6205
  1325. South Africa Government Gazette dated 1959-04-24 number 6208
  1326. South Africa Government Gazette dated 1959-05-01 number 6212
  1327. South Africa Government Gazette dated 1959-05-08 number 6217
  1328. South Africa Government Gazette dated 1959-05-22 number 6226
  1329. South Africa Government Gazette dated 1959-07-03 number 6253
  1330. South Africa Government Gazette dated 1959-07-10 number 6257
  1331. South Africa Government Gazette dated 1959-07-17 number 6262
  1332. South Africa Government Gazette dated 1959-07-24 number 6263
  1333. South Africa Government Gazette dated 1959-07-31 number 6266
  1334. South Africa Government Gazette dated 1959-08-14 number 6270
  1335. South Africa Government Gazette dated 1959-08-28 number 6274
  1336. South Africa Government Gazette dated 1959-08-28 number 6275
  1337. South Africa Government Gazette dated 1959-09-18 number 6280
  1338. South Africa Government Gazette dated 1959-09-25 number 6284
  1339. South Africa Government Gazette dated 1959-10-02 number 6288
  1340. South Africa Government Gazette dated 1959-10-09 number 6290
  1341. South Africa Government Gazette dated 1959-10-16 number 6295
  1342. South Africa Government Gazette dated 1959-10-23 number 6299
  1343. South Africa Government Gazette dated 1959-10-30 number 6302
  1344. South Africa Government Gazette dated 1959-11-13 number 6311
  1345. South Africa Government Gazette dated 1959-11-20 number 6317
  1346. South Africa Government Gazette dated 1959-11-27 number 6320
  1347. South Africa Government Gazette dated 1959-12-04 number 6323
  1348. South Africa Government Gazette dated 1959-12-11 number 6328
  1349. South Africa Government Gazette dated 1959-12-18 number 6334
  1350. South Africa Government Gazette dated 1959-12-24 number 6337
  1351. South Africa Government Gazette dated 1960-01-08 number 6347
  1352. South Africa Government Gazette dated 1960-01-22 number 6354
  1353. South Africa Government Gazette dated 1960-01-29 number 6358
  1354. South Africa Government Gazette dated 1960-05-06 number 6433
  1355. South Africa Government Gazette dated 1960-05-13 number 6442
  1356. South Africa Government Gazette dated 1960-05-20 number 6446
  1357. South Africa Government Gazette dated 1960-05-27 number 6455
  1358. South Africa Government Gazette dated 1960-06-01 number 6462
  1359. South Africa Government Gazette dated 1960-06-17 number 6469
  1360. South Africa Government Gazette dated 1960-06-24 number 6472
  1361. South Africa Government Gazette dated 1960-07-01 number 6478
  1362. South Africa Government Gazette dated 1960-07-08 number 6483
  1363. South Africa Government Gazette dated 1960-07-15 number 6487
  1364. South Africa Government Gazette dated 1960-07-22 number 6492
  1365. South Africa Government Gazette dated 1960-07-29 number 6497
  1366. South Africa Government Gazette dated 1960-09-09 number 6526
  1367. South Africa Government Gazette dated 1960-09-16 number 6529
  1368. South Africa Government Gazette dated 1960-09-23 number 6531
  1369. South Africa Government Gazette dated 1960-10-07 number 6542
  1370. South Africa Government Gazette dated 1960-10-28 number 6559
  1371. South Africa Government Gazette dated 1960-11-25 number 6574
  1372. South Africa Government Gazette dated 1960-12-02 number 6583
  1373. South Africa Government Gazette dated 1960-12-23 number 6600
  1374. South Africa Government Gazette dated 1960-12-30 number 6602
  1375. South Africa Government Gazette dated 1961-01-13 number 6608
  1376. South Africa Government Gazette dated 1961-02-10 number 6626
  1377. South Africa Government Gazette dated 1961-02-17 number 6632
  1378. South Africa Government Gazette dated 1961-02-24 number 6638
  1379. South Africa Government Gazette dated 1961-03-03 number 6642
  1380. South Africa Government Gazette dated 1961-03-10 number 6647
  1381. South Africa Government Gazette dated 1961-03-24 number 6653
  1382. South Africa Government Gazette dated 1961-04-14 number 6664
  1383. South Africa Government Gazette dated 1961-04-21 number 6666
  1384. South Africa Government Gazette dated 1961-04-28 number 6674
  1385. South Africa Government Gazette dated 1961-05-19 number 6686
  1386. South Africa Government Gazette dated 1961-05-26 number 6694
  1387. South Africa Government Gazette dated 1961-06-23 number 20
  1388. South Africa Government Gazette dated 1961-06-30 number 27
  1389. South Africa Government Gazette dated 1961-07-14 number 38
  1390. South Africa Government Gazette dated 1961-08-11 number 57
  1391. South Africa Government Gazette dated 1961-09-01 number 71
  1392. South Africa Government Gazette dated 1961-09-15 number 80
  1393. South Africa Government Gazette dated 1961-09-22 number 84
  1394. South Africa Government Gazette dated 1961-09-29 number 89
  1395. South Africa Government Gazette dated 1961-10-06 number 92
  1396. South Africa Government Gazette dated 1961-10-13 number 95
  1397. South Africa Government Gazette dated 1961-10-20 number 98
  1398. South Africa Government Gazette dated 1961-10-27 number 102
  1399. South Africa Government Gazette dated 1961-11-03 number 107
  1400. South Africa Government Gazette dated 1961-11-24 number 117
  1401. South Africa Government Gazette dated 1961-12-01 number 120
  1402. South Africa Government Gazette dated 1961-12-08 number 127
  1403. South Africa Government Gazette dated 1961-12-15 number 133
  1404. South Africa Government Gazette dated 1961-12-22 number 138
  1405. South Africa Government Gazette dated 1962-01-12 number 150
  1406. South Africa Government Gazette dated 1962-02-23 number 182
  1407. South Africa Government Gazette dated 1962-03-02 number 186
  1408. South Africa Government Gazette dated 1962-03-09 number 193
  1409. South Africa Government Gazette dated 1962-04-13 number 218
  1410. South Africa Government Gazette dated 1962-04-27 number 225
  1411. South Africa Government Gazette dated 1962-10-05 number 348
  1412. South Africa Government Gazette dated 1962-10-26 number 358
  1413. South Africa Government Gazette dated 1962-11-02 number 364
  1414. South Africa Government Gazette dated 1962-11-09 number 367
  1415. South Africa Government Gazette dated 1962-11-30 number 383
  1416. South Africa Government Gazette dated 1963-03-29 number 468
  1417. South Africa Government Gazette dated 1963-05-03 number 493
  1418. South Africa Government Gazette dated 1963-05-10 number 496
  1419. South Africa Government Gazette dated 1963-05-17 number 500
  1420. South Africa Government Gazette dated 1963-05-24 number 507
  1421. South Africa Government Gazette dated 1963-05-30 number 513
  1422. South Africa Government Gazette dated 1963-05-30 number 516
  1423. South Africa Government Gazette dated 1963-06-07 number 519
  1424. South Africa Government Gazette dated 1963-06-21 number 527
  1425. South Africa Government Gazette dated 1963-06-28 number 533
  1426. South Africa Government Gazette dated 1963-07-05 number 550
  1427. South Africa Government Gazette dated 1963-07-12 number 555
  1428. South Africa Government Gazette dated 1963-07-26 number 560
  1429. South Africa Government Gazette dated 1963-08-02 number 568
  1430. South Africa Government Gazette dated 1963-08-09 number 572
  1431. South Africa Government Gazette dated 1963-08-16 number 576
  1432. South Africa Government Gazette dated 1963-08-23 number 580
  1433. South Africa Government Gazette dated 1963-08-30 number 587
  1434. South Africa Government Gazette dated 1963-09-06 number 594
  1435. South Africa Government Gazette dated 1963-09-13 number 599
  1436. South Africa Government Gazette dated 1963-09-20 number 607
  1437. South Africa Government Gazette dated 1963-09-27 number 613
  1438. South Africa Government Gazette dated 1963-10-04 number 619
  1439. South Africa Government Gazette dated 1963-10-11 number 625
  1440. South Africa Government Gazette dated 1963-11-08 number 647
  1441. South Africa Government Gazette dated 1963-11-15 number 649
  1442. South Africa Government Gazette dated 1963-11-22 number 653
  1443. South Africa Government Gazette dated 1963-11-29 number 658
  1444. South Africa Government Gazette dated 1963-12-06 number 662
  1445. South Africa Government Gazette dated 1963-12-13 number 666
  1446. South Africa Government Gazette dated 1963-12-20 number 672
  1447. South Africa Government Gazette dated 1963-12-27 number 684
  1448. South Africa Government Gazette dated 1964-01-10 number 690
  1449. South Africa Government Gazette dated 1964-01-17 number 695
  1450. South Africa Government Gazette dated 1964-01-24 number 699
  1451. South Africa Government Gazette dated 1964-01-31 number 707
  1452. South Africa Government Gazette dated 1964-02-07 number 713
  1453. South Africa Government Gazette dated 1964-02-28 number 729
  1454. South Africa Government Gazette dated 1964-03-06 number 736
  1455. South Africa Government Gazette dated 1964-03-13 number 743
  1456. South Africa Government Gazette dated 1964-03-20 number 747
  1457. South Africa Government Gazette dated 1964-03-26 number 751
  1458. South Africa Government Gazette dated 1964-04-17 number 768
  1459. South Africa Government Gazette dated 1964-05-29 number 803
  1460. South Africa Government Gazette dated 1964-06-12 number 814
  1461. South Africa Government Gazette dated 1964-06-19 number 821
  1462. South Africa Government Gazette dated 1964-06-26 number 830
  1463. South Africa Government Gazette dated 1964-07-03 number 841
  1464. South Africa Government Gazette dated 1964-07-10 number 850
  1465. South Africa Government Gazette dated 1964-07-17 number 854
  1466. South Africa Government Gazette dated 1964-07-24 number 857
  1467. South Africa Government Gazette dated 1964-07-31 number 862
  1468. South Africa Government Gazette dated 1964-08-07 number 869
  1469. South Africa Government Gazette dated 1964-08-14 number 876
  1470. South Africa Government Gazette dated 1964-08-21 number 881
  1471. South Africa Government Gazette dated 1964-08-28 number 887
  1472. South Africa Government Gazette dated 1964-09-04 number 893
  1473. South Africa Government Gazette dated 1964-09-11 number 896
  1474. South Africa Government Gazette dated 1964-09-25 number 904
  1475. South Africa Government Gazette dated 1964-10-16 number 921
  1476. South Africa Government Gazette dated 1964-10-23 number 925
  1477. South Africa Government Gazette dated 1964-10-30 number 932
  1478. South Africa Government Gazette dated 1964-11-06 number 940
  1479. South Africa Government Gazette dated 1964-11-20 number 950
  1480. South Africa Government Gazette dated 1964-12-31 number 985
  1481. South Africa Government Gazette dated 1965-01-08 number 994
  1482. South Africa Government Gazette dated 1965-01-29 number 1013
  1483. South Africa Government Gazette dated 1965-02-05 number 1018
  1484. South Africa Government Gazette dated 1965-02-19 number 1034
  1485. South Africa Government Gazette dated 1965-03-19 number 1061
  1486. South Africa Government Gazette dated 1965-04-09 number 1080
  1487. South Africa Government Gazette dated 1965-04-15 number 1085
  1488. South Africa Government Gazette dated 1965-05-05 number 1102
  1489. South Africa Government Gazette dated 1965-05-07 number 1103
  1490. South Africa Government Gazette dated 1965-05-21 number 1115
  1491. South Africa Government Gazette dated 1965-05-28 number 1121
  1492. South Africa Government Gazette dated 1965-06-04 number 1132
  1493. South Africa Government Gazette dated 1965-06-11 number 1137
  1494. South Africa Government Gazette dated 1965-07-16 number 1180
  1495. South Africa Government Gazette dated 1965-07-30 number 1191
  1496. South Africa Government Gazette dated 1965-08-20 number 1203
  1497. South Africa Government Gazette dated 1965-08-27 number 1209
  1498. South Africa Government Gazette dated 1965-09-24 number 1233
  1499. South Africa Government Gazette dated 1965-10-15 number 1256
  1500. South Africa Government Gazette dated 1965-10-29 number 1268
  1501. South Africa Government Gazette dated 1965-11-19 number 1282
  1502. South Africa Government Gazette dated 1965-11-26 number 1287
  1503. South Africa Government Gazette dated 1965-12-03 number 1291
  1504. South Africa Government Gazette dated 1965-12-17 number 1308
  1505. South Africa Government Gazette dated 1965-12-24 number 1318
  1506. South Africa Government Gazette dated 1966-01-14 number 1337
  1507. South Africa Government Gazette dated 1966-01-21 number 1347
  1508. South Africa Government Gazette dated 1966-01-28 number 1350
  1509. South Africa Government Gazette dated 1966-04-29 number 1432
  1510. South Africa Government Gazette dated 1966-09-16 number 1534
  1511. South Africa Government Gazette dated 1966-09-30 number 1548
  1512. South Africa Government Gazette dated 1966-10-07 number 1555
  1513. South Africa Government Gazette dated 1966-10-21 number 1569
  1514. South Africa Government Gazette dated 1966-11-25 number 1597
  1515. South Africa Government Gazette dated 1966-12-23 number 1617
  1516. South Africa Government Gazette dated 1967-01-06 number 1628
  1517. South Africa Government Gazette dated 1967-01-20 number 1638
  1518. South Africa Government Gazette dated 1967-01-27 number 1641
  1519. South Africa Government Gazette dated 1967-03-03 number 1672
  1520. South Africa Government Gazette dated 1967-03-10 number 1678
  1521. South Africa Government Gazette dated 1967-03-23 number 1691
  1522. South Africa Government Gazette dated 1967-05-19 number 1740
  1523. South Africa Government Gazette dated 1967-05-26 number 1747
  1524. South Africa Government Gazette dated 1967-06-16 number 1765
  1525. South Africa Government Gazette dated 1967-06-21 number 1771
  1526. South Africa Government Gazette dated 1967-06-23 number 1772
  1527. South Africa Government Gazette dated 1967-07-14 number 1788
  1528. South Africa Government Gazette dated 1967-07-28 number 1797
  1529. South Africa Government Gazette dated 1967-09-22 number 1850
  1530. South Africa Government Gazette dated 1968-02-23 number 1993
  1531. South Africa Government Gazette dated 1968-04-05 number 2033
  1532. South Africa Government Gazette dated 1968-04-10 number 2038
  1533. South Africa Government Gazette dated 1968-04-26 number 2055
  1534. South Africa Government Gazette dated 1968-05-03 number 2062
  1535. South Africa Government Gazette dated 1968-05-10 number 2071
  1536. South Africa Government Gazette dated 1968-05-24 number 2081
  1537. South Africa Government Gazette dated 1968-05-30 number 2085
  1538. South Africa Government Gazette dated 1968-06-07 number 2089
  1539. South Africa Government Gazette dated 1968-06-21 number 2101
  1540. South Africa Government Gazette dated 1968-06-21 number 2106
  1541. South Africa Government Gazette dated 1968-06-28 number 2111
  1542. South Africa Government Gazette dated 1968-07-05 number 2117
  1543. South Africa Government Gazette dated 1968-07-26 number 2133
  1544. South Africa Government Gazette dated 1968-08-02 number 2140
  1545. South Africa Government Gazette dated 1968-08-09 number 2141
  1546. South Africa Government Gazette dated 1968-08-16 number 2145
  1547. South Africa Government Gazette dated 1968-08-30 number 2153
  1548. South Africa Government Gazette dated 1968-09-06 number 2156
  1549. South Africa Government Gazette dated 1968-09-13 number 2158
  1550. South Africa Government Gazette dated 1968-09-20 number 2161
  1551. South Africa Government Gazette dated 1968-09-27 number 2166
  1552. South Africa Government Gazette dated 1968-10-04 number 2178
  1553. South Africa Government Gazette dated 1968-10-11 number 2187
  1554. South Africa Government Gazette dated 1968-11-01 number 2207
  1555. South Africa Government Gazette dated 1968-11-08 number 2209
  1556. South Africa Government Gazette dated 1968-11-15 number 2213
  1557. South Africa Government Gazette dated 1968-11-22 number 2217
  1558. South Africa Government Gazette dated 1968-11-29 number 2226
  1559. South Africa Government Gazette dated 1969-01-24 number 2269
  1560. South Africa Government Gazette dated 1969-02-07 number 2275
  1561. South Africa Government Gazette dated 1969-02-28 number 2284
  1562. South Africa Government Gazette dated 1969-03-07 number 2288
  1563. South Africa Government Gazette dated 1969-03-14 number 2294
  1564. South Africa Government Gazette dated 1969-03-26 number 2315
  1565. South Africa Government Gazette dated 1969-03-26 number 2317
  1566. South Africa Government Gazette dated 1969-03-28 number 2323
  1567. South Africa Government Gazette dated 1969-04-09 number 2350
  1568. South Africa Government Gazette dated 1969-04-11 number 2351
  1569. South Africa Government Gazette dated 1969-04-18 number 2355
  1570. South Africa Government Gazette dated 1969-04-25 number 2363
  1571. South Africa Government Gazette dated 1970-01-23 number 2611
  1572. South Africa Government Gazette dated 1970-01-30 number 2614
  1573. South Africa Government Gazette dated 1970-07-10 number 2750
  1574. South Africa Government Gazette dated 1971-05-14 number 3097
  1575. South Africa Government Gazette dated 1971-05-21 number 3109
  1576. South Africa Government Gazette dated 1971-05-26 number 3118
  1577. South Africa Government Gazette dated 1971-11-12 number 3305
  1578. South Africa Government Gazette dated 1971-11-19 number 3309
  1579. South Africa Government Gazette dated 1971-11-24 number 3312
  1580. South Africa Government Gazette dated 1971-12-03 number 3319
  1581. South Africa Government Gazette dated 1971-12-10 number 3328
  1582. South Africa Government Gazette dated 1971-12-24 number 3339
  1583. South Africa Government Gazette dated 1971-12-31 number 3351
  1584. South Africa Government Gazette dated 1972-01-14 number 3359
  1585. South Africa Government Gazette dated 1972-02-11 number 3378
  1586. South Africa Government Gazette dated 1972-03-03 number 3399
  1587. South Africa Government Gazette dated 1972-03-17 number 3417
  1588. South Africa Government Gazette dated 1972-03-24 number 3424
  1589. South Africa Government Gazette dated 1972-03-30 number 3433
  1590. South Africa Government Gazette dated 1972-04-14 number 3466
  1591. South Africa Government Gazette dated 1972-04-21 number 3473
  1592. South Africa Government Gazette dated 1972-04-28 number 3476
  1593. South Africa Government Gazette dated 1972-05-05 number 3483
  1594. South Africa Government Gazette dated 1972-05-12 number 3494
  1595. South Africa Government Gazette dated 1972-05-26 number 3521
  1596. South Africa Government Gazette dated 1972-06-09 number 3544
  1597. South Africa Government Gazette dated 1972-06-23 number 3584
  1598. South Africa Government Gazette dated 1972-06-30 number 3598
  1599. South Africa Government Gazette dated 1972-07-05 number 3610
  1600. South Africa Government Gazette dated 1972-07-07 number 3601
  1601. South Africa Government Gazette dated 1972-07-21 number 3617
  1602. South Africa Government Gazette dated 1972-07-28 number 3621
  1603. South Africa Government Gazette dated 1972-08-18 number 3632
  1604. South Africa Government Gazette dated 1972-08-25 number 3635
  1605. South Africa Government Gazette dated 1972-09-01 number 3640
  1606. South Africa Government Gazette dated 1972-09-08 number 3644
  1607. South Africa Government Gazette dated 1972-09-15 number 3650
  1608. South Africa Government Gazette dated 1972-09-22 number 3657
  1609. South Africa Government Gazette dated 1972-10-06 number 3669
  1610. South Africa Government Gazette dated 1972-10-13 number 3676
  1611. South Africa Government Gazette dated 1972-10-20 number 3681
  1612. South Africa Government Gazette dated 1972-10-27 number 3685
  1613. South Africa Government Gazette dated 1972-11-24 number 3712
  1614. South Africa Government Gazette dated 1972-12-15 number 3734
  1615. South Africa Government Gazette dated 1972-12-22 number 3741
  1616. South Africa Government Gazette dated 1972-12-29 number 3749
  1617. South Africa Government Gazette dated 1973-01-05 number 3754
  1618. South Africa Government Gazette dated 1973-01-26 number 3767
  1619. South Africa Government Gazette dated 1973-02-02 number 3775
  1620. South Africa Government Gazette dated 1973-02-09 number 3779
  1621. South Africa Government Gazette dated 1973-02-16 number 3782
  1622. South Africa Government Gazette dated 1973-03-02 number 3792
  1623. South Africa Government Gazette dated 1973-03-16 number 3806
  1624. South Africa Government Gazette dated 1973-03-30 number 3825
  1625. South Africa Government Gazette dated 1973-04-05 number 3842
  1626. South Africa Government Gazette dated 1973-04-05 number 3845
  1627. South Africa Government Gazette dated 1973-04-13 number 3854
  1628. South Africa Government Gazette dated 1973-05-04 number 3878
  1629. South Africa Government Gazette dated 1973-05-11 number 3882
  1630. South Africa Government Gazette dated 1973-05-18 number 3886
  1631. South Africa Government Gazette dated 1973-06-22 number 3937
  1632. South Africa Government Gazette dated 1973-06-29 number 3956
  1633. South Africa Government Gazette dated 1974-01-04 number 4135
  1634. South Africa Government Gazette dated 1974-01-11 number 4137
  1635. South Africa Government Gazette dated 1974-02-08 number 4158
  1636. South Africa Government Gazette dated 1974-02-15 number 4163
  1637. South Africa Government Gazette dated 1974-02-22 number 4171
  1638. South Africa Government Gazette dated 1974-03-01 number 4178
  1639. South Africa Government Gazette dated 1974-03-08 number 4200
  1640. South Africa Government Gazette dated 1974-03-15 number 4226
  1641. South Africa Government Gazette dated 1974-03-22 number 4231
  1642. South Africa Government Gazette dated 1974-03-29 number 4237
  1643. South Africa Government Gazette dated 1974-04-05 number 4244
  1644. South Africa Government Gazette dated 1974-04-11 number 4248
  1645. South Africa Government Gazette dated 1974-04-19 number 4254
  1646. South Africa Government Gazette dated 1974-04-26 number 4267
  1647. South Africa Government Gazette dated 1974-05-03 number 4268
  1648. South Africa Government Gazette dated 1974-05-10 number 4272
  1649. South Africa Government Gazette dated 1974-05-24 number 4282
  1650. South Africa Government Gazette dated 1974-06-07 number 4292
  1651. South Africa Government Gazette dated 1974-06-14 number 4300
  1652. South Africa Government Gazette dated 1974-06-21 number 4307
  1653. South Africa Government Gazette dated 1974-06-28 number 4318
  1654. South Africa Government Gazette dated 1974-07-05 number 4324
  1655. South Africa Government Gazette dated 1974-10-04 number 4416
  1656. South Africa Government Gazette dated 1974-10-11 number 4427
  1657. South Africa Government Gazette dated 1974-10-18 number 4446
  1658. South Africa Government Gazette dated 1974-10-25 number 4459
  1659. South Africa Government Gazette dated 1974-11-01 number 4477
  1660. South Africa Government Gazette dated 1974-11-06 number 4486
  1661. South Africa Government Gazette dated 1974-11-20 number 4510
  1662. South Africa Government Gazette dated 1974-11-22 number 4511
  1663. South Africa Government Gazette dated 1974-12-13 number 4537
  1664. South Africa Government Gazette dated 1974-12-27 number 4548
  1665. South Africa Government Gazette dated 1975-03-07 number 4600
  1666. South Africa Government Gazette dated 1975-03-14 number 4613
  1667. South Africa Government Gazette dated 1975-03-21 number 4620
  1668. South Africa Government Gazette dated 1975-03-27 number 4637
  1669. South Africa Government Gazette dated 1975-05-02 number 4691
  1670. South Africa Government Gazette dated 1975-05-16 number 4709
  1671. South Africa Government Gazette dated 1975-05-23 number 4713
  1672. South Africa Government Gazette dated 1975-05-30 number 4724
  1673. South Africa Government Gazette dated 1975-06-06 number 4732
  1674. South Africa Government Gazette dated 1975-06-18 number 4752
  1675. South Africa Government Gazette dated 1975-06-18 number 4754
  1676. South Africa Government Gazette dated 1975-06-20 number 4748
  1677. South Africa Government Gazette dated 1975-06-27 number 4767
  1678. South Africa Government Gazette dated 1975-07-11 number 4782
  1679. South Africa Government Gazette dated 1975-07-18 number 4789
  1680. South Africa Government Gazette dated 1975-07-25 number 4801
  1681. South Africa Government Gazette dated 1975-08-01 number 4805
  1682. South Africa Government Gazette dated 1975-08-08 number 4809
  1683. South Africa Government Gazette dated 1975-08-15 number 4815
  1684. South Africa Government Gazette dated 1975-08-22 number 4823
  1685. South Africa Government Gazette dated 1975-08-29 number 4828
  1686. South Africa Government Gazette dated 1975-10-03 number 4860
  1687. South Africa Government Gazette dated 1975-10-31 number 4883
  1688. South Africa Government Gazette dated 1975-11-07 number 4889
  1689. South Africa Government Gazette dated 1975-11-14 number 4897
  1690. South Africa Government Gazette dated 1975-11-21 number 4904
  1691. South Africa Government Gazette dated 1975-11-28 number 4910
  1692. South Africa Government Gazette dated 1975-12-05 number 4914
  1693. South Africa Government Gazette dated 1975-12-12 number 4921
  1694. South Africa Government Gazette dated 1975-12-19 number 4931
  1695. South Africa Government Gazette dated 1976-01-09 number 4951
  1696. South Africa Government Gazette dated 1976-01-16 number 4958
  1697. South Africa Government Gazette dated 1976-01-23 number 4964
  1698. South Africa Government Gazette dated 1976-01-30 number 4971
  1699. South Africa Government Gazette dated 1976-02-13 number 4984
  1700. South Africa Government Gazette dated 1976-02-20 number 4988
  1701. South Africa Government Gazette dated 1976-02-27 number 4991
  1702. South Africa Government Gazette dated 1976-03-05 number 4995
  1703. South Africa Government Gazette dated 1976-03-12 number 5002
  1704. South Africa Government Gazette dated 1976-03-26 number 5029
  1705. South Africa Government Gazette dated 1976-04-02 number 5057
  1706. South Africa Government Gazette dated 1976-04-09 number 5080
  1707. South Africa Government Gazette dated 1976-04-23 number 5092
  1708. South Africa Government Gazette dated 1976-04-28 number 5095
  1709. South Africa Government Gazette dated 1976-04-30 number 5099
  1710. South Africa Government Gazette dated 1976-05-14 number 5113
  1711. South Africa Government Gazette dated 1976-05-14 number 5120
  1712. South Africa Government Gazette dated 1976-05-21 number 5134
  1713. South Africa Government Gazette dated 1976-05-28 number 5140
  1714. South Africa Government Gazette dated 1976-06-04 number 5144
  1715. South Africa Government Gazette dated 1976-06-11 number 5152
  1716. South Africa Government Gazette dated 1976-06-18 number 5160
  1717. South Africa Government Gazette dated 1976-06-25 number 5170
  1718. South Africa Government Gazette dated 1976-11-05 number 5328
  1719. South Africa Government Gazette dated 1976-11-12 number 5331
  1720. South Africa Government Gazette dated 1976-11-19 number 5338
  1721. South Africa Government Gazette dated 1976-11-26 number 5341
  1722. South Africa Government Gazette dated 1976-12-10 number 5351
  1723. South Africa Government Gazette dated 1976-12-24 number 5363
  1724. South Africa Government Gazette dated 1976-12-31 number 5367
  1725. South Africa Government Gazette dated 1977-01-14 number 5375
  1726. South Africa Government Gazette dated 1977-01-21 number 5380
  1727. South Africa Government Gazette dated 1977-01-28 number 5386
  1728. South Africa Government Gazette dated 1977-02-04 number 5393
  1729. South Africa Government Gazette dated 1977-02-11 number 5401
  1730. South Africa Government Gazette dated 1977-02-18 number 5405
  1731. South Africa Government Gazette dated 1977-02-25 number 5411
  1732. South Africa Government Gazette dated 1977-03-11 number 5431
  1733. South Africa Government Gazette dated 1977-03-25 number 5466
  1734. South Africa Government Gazette dated 1977-04-01 number 5485
  1735. South Africa Government Gazette dated 1977-04-07 number 5496
  1736. South Africa Government Gazette dated 1977-04-15 number 5509
  1737. South Africa Government Gazette dated 1977-04-22 number 5515
  1738. South Africa Government Gazette dated 1977-04-29 number 5529
  1739. South Africa Government Gazette dated 1977-05-06 number 5532
  1740. South Africa Government Gazette dated 1977-05-06 number 5536
  1741. South Africa Government Gazette dated 1977-05-13 number 5541
  1742. South Africa Government Gazette dated 1977-05-20 number 5548
  1743. South Africa Government Gazette dated 1977-05-25 number 5553
  1744. South Africa Government Gazette dated 1977-05-27 number 5563
  1745. South Africa Government Gazette dated 1977-06-03 number 5574
  1746. South Africa Government Gazette dated 1977-06-10 number 5583
  1747. South Africa Government Gazette dated 1977-06-17 number 5599
  1748. South Africa Government Gazette dated 1977-06-24 number 5606
  1749. South Africa Government Gazette dated 1977-08-05 number 5695
  1750. South Africa Government Gazette dated 1977-08-19 number 5715
  1751. South Africa Government Gazette dated 1977-08-26 number 5720
  1752. South Africa Government Gazette dated 1977-09-02 number 5724
  1753. South Africa Government Gazette dated 1977-09-09 number 5732
  1754. South Africa Government Gazette dated 1977-09-16 number 5739
  1755. South Africa Government Gazette dated 1977-09-23 number 5745
  1756. South Africa Government Gazette dated 1977-09-30 number 5752
  1757. South Africa Government Gazette dated 1977-10-07 number 5761
  1758. South Africa Government Gazette dated 1977-10-14 number 5767
  1759. South Africa Government Gazette dated 1977-10-21 number 5778
  1760. South Africa Government Gazette dated 1977-10-28 number 5789
  1761. South Africa Government Gazette dated 1977-11-04 number 5794
  1762. South Africa Government Gazette dated 1977-11-11 number 5799
  1763. South Africa Government Gazette dated 1977-11-18 number 5803
  1764. South Africa Government Gazette dated 1977-11-25 number 5810
  1765. South Africa Government Gazette dated 1977-12-02 number 5819
  1766. South Africa Government Gazette dated 1977-12-09 number 5824
  1767. South Africa Government Gazette dated 1977-12-15 number 5828
  1768. South Africa Government Gazette dated 1977-12-23 number 5837
  1769. South Africa Government Gazette dated 1977-12-30 number 5842
  1770. South Africa Government Gazette dated 1978-01-06 number 5851
  1771. South Africa Government Gazette dated 1978-01-13 number 5855
  1772. South Africa Government Gazette dated 1978-01-20 number 5860
  1773. South Africa Government Gazette dated 1978-01-27 number 5867
  1774. South Africa Government Gazette dated 1978-03-03 number 5894
  1775. South Africa Government Gazette dated 1978-03-10 number 5911
  1776. South Africa Government Gazette dated 1978-03-17 number 5935
  1777. South Africa Government Gazette dated 1978-03-22 number 5942
  1778. South Africa Government Gazette dated 1978-03-23 number 5953
  1779. South Africa Government Gazette dated 1978-03-31 number 5960
  1780. South Africa Government Gazette dated 1978-05-05 number 6002
  1781. South Africa Government Gazette dated 1978-05-12 number 6007
  1782. South Africa Government Gazette dated 1978-05-19 number 6024
  1783. South Africa Government Gazette dated 1978-05-26 number 6028
  1784. South Africa Government Gazette dated 1978-06-02 number 6034
  1785. South Africa Government Gazette dated 1978-06-09 number 6043
  1786. South Africa Government Gazette dated 1978-06-16 number 6057
  1787. South Africa Government Gazette dated 1978-06-23 number 6078
  1788. South Africa Government Gazette dated 1978-06-28 number 6085
  1789. South Africa Government Gazette dated 1978-06-30 number 6086
  1790. South Africa Government Gazette dated 1978-06-30 number 6094
  1791. South Africa Government Gazette dated 1978-06-30 number 6102
  1792. South Africa Government Gazette dated 1978-07-07 number 6111
  1793. South Africa Government Gazette dated 1978-07-14 number 6112
  1794. South Africa Government Gazette dated 1978-07-21 number 6116
  1795. South Africa Government Gazette dated 1978-07-28 number 6119
  1796. South Africa Government Gazette dated 1978-08-04 number 6124
  1797. South Africa Government Gazette dated 1978-08-11 number 6127
  1798. South Africa Government Gazette dated 1978-08-18 number 6132
  1799. South Africa Government Gazette dated 1978-08-25 number 6138
  1800. South Africa Government Gazette dated 1978-11-03 number 6198
  1801. South Africa Government Gazette dated 1978-11-10 number 6205
  1802. South Africa Government Gazette dated 1978-11-17 number 6216
  1803. South Africa Government Gazette dated 1978-11-24 number 6223
  1804. South Africa Government Gazette dated 1978-12-01 number 6229
  1805. South Africa Government Gazette dated 1978-12-08 number 6235
  1806. South Africa Government Gazette dated 1978-12-15 number 6241
  1807. South Africa Government Gazette dated 1978-12-22 number 6251
  1808. South Africa Government Gazette dated 1979-01-05 number 6263
  1809. South Africa Government Gazette dated 1979-01-12 number 6266
  1810. South Africa Government Gazette dated 1979-01-26 number 6286
  1811. South Africa Government Gazette dated 1979-06-01 number 6466
  1812. South Africa Government Gazette dated 1979-06-01 number 6473
  1813. South Africa Government Gazette dated 1979-06-08 number 6483
  1814. South Africa Government Gazette dated 1979-06-15 number 6493
  1815. South Africa Government Gazette dated 1979-06-29 number 6550
  1816. South Africa Government Gazette dated 1979-10-05 number 6689
  1817. South Africa Government Gazette dated 1979-10-12 number 6698
  1818. South Africa Government Gazette dated 1979-10-19 number 6705
  1819. South Africa Government Gazette dated 1979-10-26 number 6709
  1820. South Africa Government Gazette dated 1979-11-02 number 6715
  1821. South Africa Government Gazette dated 1979-11-09 number 6722
  1822. South Africa Government Gazette dated 1979-11-16 number 6732
  1823. South Africa Government Gazette dated 1979-12-07 number 6764
  1824. South Africa Government Gazette dated 1979-12-14 number 6776
  1825. South Africa Government Gazette dated 1980-01-11 number 6804
  1826. South Africa Government Gazette dated 1980-01-25 number 6822
  1827. South Africa Government Gazette dated 1980-02-01 number 6833
  1828. South Africa Government Gazette dated 1980-02-08 number 6840
  1829. South Africa Government Gazette dated 1980-02-15 number 6848
  1830. South Africa Government Gazette dated 1980-02-22 number 6861
  1831. South Africa Government Gazette dated 1980-02-29 number 6866
  1832. South Africa Government Gazette dated 1980-03-07 number 6873
  1833. South Africa Government Gazette dated 1980-03-14 number 6879
  1834. South Africa Government Gazette dated 1980-03-21 number 6891
  1835. South Africa Government Gazette dated 1980-03-28 number 6895
  1836. South Africa Government Gazette dated 1980-04-11 number 6940
  1837. South Africa Government Gazette dated 1980-04-25 number 6958
  1838. South Africa Government Gazette dated 1980-05-02 number 6968
  1839. South Africa Government Gazette dated 1980-05-09 number 6977
  1840. South Africa Government Gazette dated 1980-05-16 number 6998
  1841. South Africa Government Gazette dated 1980-05-16 number 7003
  1842. South Africa Government Gazette dated 1980-05-23 number 7023
  1843. South Africa Government Gazette dated 1980-05-30 number 7041
  1844. South Africa Government Gazette dated 1980-06-06 number 7053
  1845. South Africa Government Gazette dated 1980-06-13 number 7067
  1846. South Africa Government Gazette dated 1980-06-18 number 7073
  1847. South Africa Government Gazette dated 1980-06-20 number 7076
  1848. South Africa Government Gazette dated 1980-06-27 number 7096
  1849. South Africa Government Gazette dated 1980-07-04 number 7111
  1850. South Africa Government Gazette dated 1980-07-11 number 7118
  1851. South Africa Government Gazette dated 1980-07-18 number 7131
  1852. South Africa Government Gazette dated 1980-07-25 number 7139
  1853. South Africa Government Gazette dated 1980-08-01 number 7151
  1854. South Africa Government Gazette dated 1981-01-02 number 7355
  1855. South Africa Government Gazette dated 1981-01-16 number 7370
  1856. South Africa Government Gazette dated 1981-01-23 number 7381
  1857. South Africa Government Gazette dated 1981-01-30 number 7386
  1858. South Africa Government Gazette dated 1981-02-25 number 7426
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  1862. South Africa Government Gazette dated 1981-05-22 number 7592
  1863. South Africa Government Gazette dated 1981-05-29 number 7597
  1864. South Africa Government Gazette dated 1981-06-05 number 7607
  1865. South Africa Government Gazette dated 1981-06-26 number 7632
  1866. South Africa Government Gazette dated 1981-07-03 number 7647
  1867. South Africa Government Gazette dated 1981-07-10 number 7654
  1868. South Africa Government Gazette dated 1981-07-31 number 7687
  1869. South Africa Government Gazette dated 1981-08-21 number 7726
  1870. South Africa Government Gazette dated 1981-08-21 number 7727
  1871. South Africa Government Gazette dated 1981-09-04 number 7754
  1872. South Africa Government Gazette dated 1981-09-09 number 7763
  1873. South Africa Government Gazette dated 1981-09-11 number 7775
  1874. South Africa Government Gazette dated 1981-09-18 number 7801
  1875. South Africa Government Gazette dated 1981-09-25 number 7812
  1876. South Africa Government Gazette dated 1981-12-11 number 7952
  1877. South Africa Government Gazette dated 1981-12-18 number 7958
  1878. South Africa Government Gazette dated 1981-12-24 number 7964
  1879. South Africa Government Gazette dated 1981-12-31 number 7973
  1880. South Africa Government Gazette dated 1982-01-08 number 7982
  1881. South Africa Government Gazette dated 1982-01-22 number 7995
  1882. South Africa Government Gazette dated 1982-01-29 number 8001
  1883. South Africa Government Gazette dated 1982-02-05 number 8011
  1884. South Africa Government Gazette dated 1982-02-12 number 8018
  1885. South Africa Government Gazette dated 1982-02-19 number 8025
  1886. South Africa Government Gazette dated 1982-02-26 number 8053
  1887. South Africa Government Gazette dated 1982-08-06 number 8330
  1888. South Africa Government Gazette dated 1982-08-13 number 8337
  1889. South Africa Government Gazette dated 1982-08-20 number 8344
  1890. South Africa Government Gazette dated 1982-08-27 number 8350
  1891. South Africa Government Gazette dated 1982-09-10 number 8374
  1892. South Africa Government Gazette dated 1982-09-17 number 8382
  1893. South Africa Government Gazette dated 1982-09-24 number 8389
  1894. South Africa Government Gazette dated 1982-10-01 number 8398
  1895. South Africa Government Gazette dated 1982-10-08 number 8406
  1896. South Africa Government Gazette dated 1982-10-11 number 8414
  1897. South Africa Government Gazette dated 1982-10-22 number 8421
  1898. South Africa Government Gazette dated 1982-10-29 number 8427
  1899. South Africa Government Gazette dated 1982-12-03 number 8467
  1900. South Africa Government Gazette dated 1982-12-10 number 8473
  1901. South Africa Government Gazette dated 1982-12-17 number 8481
  1902. South Africa Government Gazette dated 1982-12-24 number 8485
  1903. South Africa Government Gazette dated 1982-12-31 number 8495
  1904. South Africa Government Gazette dated 1983-12-02 number 8985
  1905. South Africa Government Gazette dated 1983-12-09 number 8993
  1906. South Africa Government Gazette dated 1984-01-06 number 9023
  1907. South Africa Government Gazette dated 1984-01-13 number 9029
  1908. South Africa Government Gazette dated 1984-01-20 number 9034
  1909. South Africa Government Gazette dated 1984-01-27 number 9042
  1910. South Africa Government Gazette dated 1984-02-03 number 9049
  1911. South Africa Government Gazette dated 1984-02-10 number 9056
  1912. South Africa Government Gazette dated 1984-02-17 number 9064
  1913. South Africa Government Gazette dated 1984-02-24 number 9070
  1914. South Africa Government Gazette dated 1984-03-02 number 9096
  1915. South Africa Government Gazette dated 1984-03-09 number 9109
  1916. South Africa Government Gazette dated 1984-03-16 number 9128
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  2327. Western Cape Provincial Gazette dated 2009-11-09 number 6675
  2328. Western Cape Provincial Gazette dated 2010-11-30 number 6816
  2329. Western Cape Provincial Gazette dated 2011-02-18 number 6847
  2330. Western Cape Provincial Gazette dated 2011-03-04 number 6857
  2331. Western Cape Provincial Gazette dated 2012-03-23 number 6970
  2332. Western Cape Provincial Gazette dated 2012-07-20 number 7015
  2333. Western Cape Provincial Gazette dated 2012-12-24 number 7077
  2334. Western Cape Provincial Gazette dated 2013-07-12 number 7149
  2335. Western Cape Provincial Gazette dated 2014-01-31 number 7224
  2336. Western Cape Provincial Gazette dated 2014-12-05 number 7338
  2337. Western Cape Provincial Gazette dated 2015-05-12 number 7388
  2338. Western Cape Provincial Gazette dated 2015-05-22 number 7394
  2339. Western Cape Provincial Gazette dated 2015-09-11 number 7488
  2340. Western Cape Provincial Gazette dated 2015-10-02 number 7505
  2341. Western Cape Provincial Gazette dated 2017-09-29 number 7830
  2342. Western Cape Provincial Gazette dated 2018-04-09 number 7912
  2343. Western Cape Provincial Gazette dated 2018-06-29 number 7948
  2344. Western Cape Provincial Gazette dated 2018-07-02 number 7951
  2345. Western Cape Provincial Gazette dated 2019-06-28 number 8116
  2346. Western Cape Provincial Gazette dated 2020-06-10 number 8246
  2347. Western Cape Provincial Gazette dated 2022-06-03 number 8601
  2348. Western Cape Provincial Gazette dated 2022-11-11 number 8679
  2349. Western Cape Provincial Gazette dated 2023-07-14 number 8794
Guide 1
  1. A Practical Approach to Evidence for Judicial Officers
Judgment 273
  1. ADCORP Fulfilment Services (Pty) Ltd v Prodigy Human Capital Architects (Pty) Ltd; In Re: Prodigy Human Capital Architects (Pty) Ltd v CCI SA (Umhlanga) (Pty) Ltd and Others (2018/17932) [2023] ZAGPJHC 579 (26 May 2023)
  2. Absa Bank Ltd v Noniki Trading CC and Another , Absa Bank Ltd v Ikroza Enterprise Solutions CC and Others ; Absa Bank Ltd v Hqubela Trading CC and Others (404/2011; 405/2011; 407/2011) [2011] ZAECGHC 15 (7 April 2011)
  3. Absa Bank Ltd v Snyman (22/2014) [2015] ZASCA 67 (20 May 2015)
  4. Adendorff N.O. and Another v Kubheka and Another (463 of 2020) [2022] ZASCA 29 (24 March 2022)
  5. AfriForum v Economic Freedom Fighters and Others (EQ 4/2020) [2022] ZAGPJHC 41 (25 August 2022)
  6. African Bank Ltd v Weiner and Others (51/2004) [2005] ZASCA 22 (29 March 2005)
  7. Africa’s Best Foods (Pty) Ltd v Transpaco Packaging (Pty) Ltd (A3040/2022) [2023] ZAGPJHC 474 (15 May 2023)
  8. Afrisun KZN Proprietary Ltd t/a Sibaya Casino and Entertainment Kingdon and Another v Sewpersad (AR 299/2016) [2017] ZAKZPHC 50 (3 November 2017)
  9. Association of Regional Magistrates of Southern Africa v President of the Republic of South Africa and Others [2013] ZACC 13 (23 May 2013)
  10. Attoney General (Transvaal) v Martens and Others (125/59) [1959] ZASCA 62 (9 November 1959)
  11. Attoney General of Transvaal v Arbee (59/56) [1956] ZASCA 48 (10 September 1956)
  12. Attoney General of Transvaal v Flats Milling Co (Pty)Ltd and Others (227/57) [1958] ZASCA 34 (22 May 1958)
  13. Attoney General of Transvaal v Moors SA (Pty) Limited (126/56) [1956] ZASCA 83 (12 November 1956)
  14. Attorney General ECD v Heyns and Another (229/58) [1959] ZASCA 33 (18 June 1959)
  15. Azels and Another v S (134/74) [1974] ZASCA 17 (2 December 1974)
  16. BG Bojosinyane & Associates v Sheriff: Smith and Another (1072/2022) [2023] ZASCA 174 (8 December 2023)
  17. Bafana Finance Mabopane v Makwakwa and Another (475/2004) [2006] ZASCA 46 (30 March 2006)
  18. Barkley Wes Motors v Iceburg and Others (1147/2016) [2022] ZANCHC 23 (27 May 2022)
  19. Barnard v Minister of Police and Another (CA 98/2021) [2022] ZAECGHC 31 (3 May 2022)
  20. Bayport Securitisation Limited and Another v University of Stellenbosch Law Clinic and Others (507/2020) [2021] ZASCA 156 (4 November 2021)
  21. Bayport Securitisation RF Ltd v Sakata (1320/17) [2019] ZASCA 73 (30 May 2019)
  22. Bernert v Absa Bank Ltd [2010] ZACC 28 (9 December 2010)
  23. Bestbier and Others v Nedbank Limited (150 of 2021) [2022] ZASCA 88 (13 June 2022)
  24. Bhola and Others v S (123 of 2018; 346 of 2018; 800 of 2018) [2018] ZASCA 121 (21 September 2018)
  25. Blue Chip 2 (Pty) Ltd t/a Blue Chip 49 v Ryneveldt and Others (499/2015) [2016] ZASCA 98 (3 June 2016)
  26. Body Corporate Of Laborie v Mckonie (58798/2021) [2022] ZAGPPHC 1196 (30 August 2022)
  27. Body Corporate of Le Grande Bernard Sectional Scheme v Van Der Linde (A 3043/21) [2022] ZAGPJHC 9 (25 January 2022)
  28. Bombela Operating Company (Pty) Ltd v Sadiphiri Transport Services CC (A3104/2021) [2023] ZAGPJHC 463 (12 May 2023)
  29. Boraki v Minister of Police (CA&R 37/2021) [2023] ZANCHC 21 (2 June 2023)
  30. Botha v Andrade and Others (578/2007) [2008] ZASCA 120 (26 September 2008)
  31. C B v D B (820/2021) [2022] ZASCA 123 (22 September 2022)
  32. C C v D C (A91/2023) [2023] ZAWCHC 117 (14 August 2023)
  33. CNA Operations (Pty) Ltd N.N.O and Others v Anglowealth Sharia (Pty) Ltd N.N.O and Others (48357/21) [2021] ZAGPJHC 374 (2 December 2021)
  34. Campbell v Botha and Others (683/2007) [2008] ZASCA 126 (30 September 2008)
  35. Campus Law Clinic (University of KwaZulu-Natal Durban) v Standard Bank of South Africa Ltd and Another [2006] ZACC 5 (31 March 2006)
  36. Chala and Others v Director of Public Prosecutions, KwaZulu-Natal and Another (AR 107/2014) [2014] ZAKZPHC 62 (9 December 2014)
  37. Coetzee v Government of Republic of South Africa ; Matiso and Others v Commanding Officer Port Elizabeth Prison and Others [1995] ZACC 7 (22 September 1995)
  38. Competition Commission of South Africa v Group Five Construction Ltd [2022] ZACC 45 (27 October 2022)
  39. Competition Commission of South Africa v Group Five Construction Limited [2022] ZACC 36 (27 October 2022)
  40. De Lange v Smuts NO and Others [1998] ZACC 6 (28 May 1998)
  41. Director of Public Prosecutions, Gauteng Division, Pretoria v K M (1101 of 2015) [2017] ZASCA 78 (2 June 2017)
  42. Director of Public Prosecutions, KwaZulu-Natal v Pillay (706/2022) [2023] ZASCA 105 (23 June 2023)
  43. Director of Public Prosecutions, Western Cape v Magistrate at Cape Town, Dr V P Mhlanga NO and Another; Tucker v Director of Public Prosecutions, Western Cape (19434/17; A37/18) [2022] ZAWCHC 136 (16 September 2022)
  44. Director of Public Prosecutions, Western Cape v Prins and Others (369/2012) [2012] ZASCA 106 (15 June 2012)
  45. Director of Public Prosecutions: Limpopo v Ramalekana (528 of 2018) [2018] ZASCA 187 (14 December 2018)
  46. Director-General of the Department of Home Affairs and Others v De Saude Attorneys and Another (1211/2017) [2019] ZASCA 46 (29 March 2019)
  47. Doyle and Another v Fleet Motors P E (Pty) Ltd (174/70) [1971] ZASCA 25 (21 May 1971)
  48. Dube v Minister of Police and Others (A031723-2022) [2023] ZAGPJHC 940 (21 August 2023)
  49. Durban's Water Wonderland (Pty) Ltd v Botha and Another (168/1997) [1998] ZASCA 115 (27 November 1998)
  50. Elgin Brown & Hamer Proprietary Limited v Sheriff and/or Duly Appointed Deputy of High Court Durban Coastal and Others (Court exercising its Admiralty Jurisdiction) (A24/2022) [2022] ZAKZDHC 39 (27 October 2022)
  51. Esau v Debtsafe and Others; Shingange v Mare t/a Debt Rescue and Others (85650/17; 85651) [2018] ZAGPPHC 137 (10 April 2018)
  52. Esau v Debtsafe and Others; Shingange v Mare t/a Debt Rescue and Others (85650/17; 85651) [2018] ZAGPPHC 566 (10 April 2018)
  53. Eskom Holdings SOC Ltd v Resilient Properties (Pty) Ltd and Others (Case no 663/19); Eskom Holdings SOC Ltd v Sabie Chamber of Commerce and Tourism, and Others (Case no 664/19); Thaba Chweu Local Municipality and Others v Sabie Chamber of Commerce and Tou (583 of 2019; 663 of 2019; 664 of 2019) [2020] ZASCA 185 (29 December 2020)
  54. Ethiopian Chruch of Southern Africa and Others v Hash Tag Management and Others (561/2023) [2023] ZAECBHC 28 (14 September 2023)
  55. FHP Zimbali Residence No.5b Shareblock Company (Pty) Ltd v Studio 521 Investments CC (A2023-02482) [2023] ZAGPJHC 942 (21 August 2023)
  56. Fakude v S (82/2010) [2011] ZASCA 183 (30 September 2011)
  57. Fenyane v Ndengane N.O. and Others (19397/2022) [2024] ZAGPJHC 1560 (11 March 2024)
  58. First Rand Bank Ltd v Body Corporate of Geovy Villa (671/2002) [2003] ZASCA 141 (28 November 2003)
  59. FirstRand Bank Ltd v McLachlan and Others (394/2019) [2020] ZASCA 31 (1 April 2020)
  60. Firstrand Auto Receivables (Rf) Ltd v Zungunde (19875/2021) [2023] ZAGPPHC 48 (27 January 2023)
  61. Firstrand Bank Limited v Xaba and Another (28722/16) [2018] ZAGPPHC 428 (10 May 2018)
  62. Forrest Crest Properties CC v Matthee and Others (AR 194/2011) [2012] ZAKZPHC 80 (30 July 2012)
  63. Francois De Beer v Zitlmu Eiendomme Pty (Ltd) and Another (CA120/2020) [2022] ZAECGHC 91 (2 December 2022)
  64. Gayiya v S (1018/2015) [2016] ZASCA 65 (19 May 2016)
  65. Gibbs and Others v Minister of Justice and Constitutional Development and Others (234/2008) [2009] ZASCA 73 (1 June 2009)
  66. GreeenHill v Discovery Preservation Pension Fund and Another (28609/20) [2021] ZAGPJHC 174 (26 November 2021)
  67. Green Outdoor Gym (Pty) Ltd and Another v Ogana and Another (2022/4340) [2023] ZAGPJHC 715 (13 June 2023)
  68. Gundwana v Steko Development CC and Others [2011] ZACC 14 (11 April 2011)
  69. HWJ Coal (Pty) Ltd and Another v NI-DA Transport (Pty) Ltd (A164/22) [2023] ZAGPPHC 680 (15 June 2023)
  70. Hack Stupel and Ross Attorneys v Kgang (560/2006) [2007] ZASCA 132 (28 September 2007)
  71. Health Professional Council of South Africa v Makolomakwe and Another (A324/2021) [2023] ZAGPPHC 214 (11 April 2023)
  72. Hire Purchase Discount CC (Pty) Ltd v Magua (109/72) [1972] ZASCA 109 (4 December 1972)
  73. Honey Silk Trading and Investment 1027 CC v 360 ABL (Pty) Ltd (A 3058/21) [2022] ZAGPJHC 420 (10 March 2022)
  74. Humair and Another v National Commissioner of South African Police Services and Others (5747/21) [2021] ZAGPJHC 478 (27 July 2021)
  75. Huysamen and Others v Bluechip Retail Solutions (Pty) Ltd and Another (8528/2022) [2023] ZAGPJHC 35 (19 January 2023)
  76. Hyprop Investments Limited v A & M Investments (Pty) Ltd (21528/2021) [2022] ZAWCHC 185 (29 December 2022)
  77. Independent Newspapers (Pty) Ltd v Minister for Intelligence Services (Freedom of Expression Institute as Amicus Curiae) In re: Masetlha v President of the Republic of South Africa and Another (Independent [2008] ZACC 6 (22 May 2008)
  78. Industrial Development Corporation of South Africa Limited v Bokone Group of Companies (Pty) Ltd (2022-027186) [2023] ZAGPJHC 727 (24 July 2023)
  79. Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC t/a Fish and Chips Company and Another (55408/2021) [2023] ZAGPJHC 294 (17 February 2023)
  80. JGK Engineering (Pty) Ltd v Quarry Master CC and Others (2022-62072) [2023] ZAGPJHC 14 (16 January 2023)
  81. Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl NO and Another (M348/2020) [2023] ZANWHC 628 (27 November 2023)
  82. Jordaan v Bloemfontein Transitional Local Authority and Another (248/2002) [2003] ZASCA 127 (28 November 2003)
  83. K L NO v N L (KZN/DBN/RC 1606/2013) [2019] ZAKZNRD 2 (23 August 2019)
  84. Ketse v Ketse and Others (1319/2013) [2013] ZAECPEHC 35 (8 August 2013)
  85. Khaka and Another v S (CA27/2023) [2024] ZANWHC 62 (8 March 2024)
  86. Koosimile v Mahomed and Others (6409/22) [2022] ZAGPJHC 474 (3 March 2022)
  87. Kouwenhoven v DPP (Western Cape) and Others (288/2021) [2021] ZASCA 120 (22 September 2021)
  88. Kumbe v Rustenburg Municipal Council N.N.O. and Others (047351/20) [2023] ZAGPPHC 706 (22 May 2023)
  89. KwaDukuza Municipality v Tiger Tales (Pty) Ltd and Others (AR329/2021) [2022] ZAKZPHC 47 (14 September 2022)
  90. L K v L Z (A3047/2019) [2023] ZAGPJHC 61 (30 January 2023)
  91. Law Society of Northern Provinces v Malange (20371/17) [2018] ZAGPPHC 167 (26 January 2018)
  92. Law Society of Northern Provinces v Malange (20371/17) [2018] ZAGPPHC 533 (26 January 2018)
  93. Law Society of the Northern Provinces v Mofomme (30695/17) [2018] ZAGPPHC 684 (14 March 2018)
  94. Law Society of the Northern Provinces v Samuels (12992/2017) [2023] ZAGPPHC 1409 (21 December 2023)
  95. Legal Practice Council of South Africa v Mashaba and Another (88175/2018) [2023] ZAGPPHC 117 (27 February 2023)
  96. Legal Practice Council v Ahmed (11940/2023) [2023] ZAWCHC 171 (1 November 2023)
  97. Legal Practice Council v Mkize (13204/2022; 13881/2021) [2023] ZAGPPHC 1050 (8 September 2023)
  98. Leo Manufacturing CC v Robor Industrial (Pty) Ltd t/a Robor Stewarts & Lloyds (608/2004) [2006] ZASCA 17 (20 March 2006)
  99. Lesapo v North West Agricultural Bank and Another [1999] ZACC 16 (16 November 1999)
  100. Limpopo Provincial Council of South African Legal Practice Council v Chueu Incorporated Attorneys and Others (459/2022) [2023] ZASCA 112 (26 July 2023)
  101. Line Metals (Pty) Ltd v Shi and Others (003126 / 2022) [2023] ZAGPJHC 906 (14 August 2023)
  102. Liquidators (Small and Medium Enterprises Bank Limited) [S.M.E Limited of Zimbabwe] v MET Bank Limited (formerly known as Metropolitan Bank Limited of Zimbabwe) (A2023/043983) [2023] ZAGPJHC 1398 (21 November 2023)
  103. M H v C H (342/2018) [2023] ZAECGHC 7 (12 January 2023)
  104. M K v G K and Another (1819/2011) [2012] ZANWHC 23 (16 August 2012)
  105. Maake v Director of Public Prosecutions (481/2009) [2010] ZASCA 51 (31 March 2010)
  106. Macneil Plastics (Pty) Ltd v Wilhem N.O and Others (A228/2019) [2023] ZAGPPHC 547 (18 May 2023)
  107. Macsteel Tube and Pipe, a division of Macsteel Service Centres SA (Pty) Ltd v Vowles Properties (Pty) Ltd (680/2020) [2021] ZASCA 178 (17 December 2021)
  108. Magmoed v Janse Van Rensburg and Others (611/1990) [1992] ZASCA 208 (25 November 1992)
  109. Magqazana v Buffalo Metroplitan Municipality and Another (EL1386/2023) [2024] ZAECELLC 6 (5 March 2024)
  110. Makhafola and Verster Incorporated v Hurter and Coetzee Legal Costs Consultants CC (A 178/21) [2022] ZAGPPHC 748 (22 August 2022)
  111. Makhudu v Director of Public Prosecutions (135/2000) [2001] ZASCA 21 (16 March 2001)
  112. Malachi v Cape Dance Academy Int (Pty) Ltd and Others (14830/2009) [2010] ZAWCHC 1 (7 January 2010)
  113. Malachi v Cape Dance Academy International (Pty) Ltd and Others [2010] ZACC 13 (24 August 2010)
  114. Manong and Associates (Pty) Ltd v Eastern Cape Department of Roads and Transport &Others (369/2008) [2009] ZASCA 50 (25 May 2009)
  115. Manyasha v Minister of Law and Order (113/1997) [1998] ZASCA 112 (27 November 1998)
  116. Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd (CCT57/11) [2012] ZACC 2 (13 March 2012)
  117. Masako v Masako and Another (724/2020) [2021] ZASCA 168 (3 December 2021)
  118. Masiya v Director of Public Prosecutions Pretoria (The State) and Another [2007] ZACC 9 (10 May 2007)
  119. Matatiele Municipality and Others v President of the Republic of South Africa and Others (1) [2006] ZACC 2 (27 February 2006)
  120. Mathebula v FirstRand Auto Receievables (RF) Ltd (22/12536) [2022] ZAGPJHC 801 (18 October 2022)
  121. Mathebula v Firstrand Auto Receivables (RF) Ltd (12536 of 2022) [2020] ZAGPJHC 516 (18 October 2020)
  122. Mathie v Ruijter Stevens Properties (Pty) Ltd (AR 352/2014) [2015] ZAKZPHC 30 (11 June 2015)
  123. Mbatha v Vermaak (A02030- 2020) [2023] ZAGPJHC 399 (4 May 2023)
  124. McGroarty v Hutchinson (AR 3/2021) [2022] ZAKZPHC 1 (3 June 2022)
  125. Mehlwempi v Unit Insurance Limited (1530/2012; CA&R27/2015) [2015] ZAECMHC 66 (15 September 2015)
  126. Member of Executive Council for Department of Co-operative Governance and Traditional Affairs v Maphanga (652/2018) [2019] ZASCA 147 (18 November 2019)
  127. Member of Executive Council for Health and Social Development of Gauteng Provincial Government v Motubatse and Another (182/2021) [2023] ZASCA 162 (30 November 2023)
  128. Menqa and Another v Markom and Others (604/2006) [2007] ZASCA 172 (30 November 2007)
  129. Metcash Trading Limited v Commissioner for the South African Revenue Service and Another [2000] ZACC 21 (24 November 2000)
  130. Midrand Rental Company (Pty) Ltd v Koboekae (17226/21) [2022] ZAGPJHC 328 (24 May 2022)
  131. Minister Of Police and Others v Gcelushe (CA 31/2013) [2014] ZAECBHC 7 (19 June 2014)
  132. Minister for Justice and Constitutional Development v Nyathi and Others [2009] ZACC 29 (9 October 2009)
  133. Minister of Law and Order v Patterson (41/84) [1984] ZASCA 6 (2 March 1984)
  134. Minister of Police v Els ; In Re: Els v Minister of Police (A3015/2020) [2023] ZAGPJHC 1479 (8 December 2023)
  135. Minister of Police v Gamede (14746/2018; A3010/2022) [2024] ZAGPJHC 25 (15 February 2024)
  136. Minister of Police v Mlotshana and Another (UM 14/2023) [2023] ZANWHC 622 (12 October 2023)
  137. Minister of Police v Mnukwa and Others (CA38/2021) [2022] ZAECMHC 40 (8 November 2022)
  138. Minister of Police v Mokoena (A60/2023) [2023] ZAFSHC 181 (9 October 2023)
  139. Minister of Police v Vowana and Another (884 of 2014) [2019] ZAECMHC 5 (14 February 2019)
  140. Minister of Safety and Security v Phakula and Others (HCA 19/15) [2018] ZAGPPHC 515 (22 February 2018)
  141. Minister of Safety and Security v Van Der Walt and Another (1037/2013) [2014] ZASCA 174 (19 November 2014)
  142. Mkhize v Umvoti Municipality and Others (628/2010) [2011] ZASCA 184 (30 September 2011)
  143. Mkhize v Umvoti Municipality and Others (8701/2006) [2010] ZAKZPHC 20 (21 May 2010)
  144. Mncube v Toyota Financial Services South Africa Ltd (49008/2021) [2022] ZAGPPHC 1018 (16 November 2022)
  145. Mntambo v S (478/2020) [2021] ZASCA 17 (11 March 2021)
  146. Mokhele and Another v South African Legal Practice Council ; In re: South African Legal Practice Council v Mokhele and Another (5511/2022) [2023] ZAFSHC 70 (27 March 2023)
  147. Mokhele and Others v Van den Bos NO and Others (19403 of 2019; 19405 of 2019; 19406 of 2019; 19407 of 2019; 19412 of 2019; 19417 of 2019; A 3057 of 2021) [2022] ZAGPJHC 646 (13 September 2022)
  148. Montanari v Montanari (1086/2018) [2020] ZASCA 48 (5 May 2020)
  149. Monyapheng v S (CA 08/2023) [2024] ZANWHC 59 (16 February 2024)
  150. Mostert v Nedbank Limited (5709/2011) [2014] ZAKZPHC 20 (31 March 2014)
  151. Motsepe v Commissioner for Inland Revenue [1997] ZACC 3 (27 March 1997)
  152. Moutse Demarcation Forum and Others v President of the Republic of South Africa and Others [2011] ZACC 27 (23 August 2011)
  153. Moyo v Minister of Justice and Constitutional Development and Others; Sonti v Minister of Justice and Correctional Services and Others (386 of 2017; 387 of 2017) [2018] ZASCA 100 (20 June 2018)
  154. Murray N.N.O. and Others v Nsibande N.N.O. and Others (2022-018947) [2023] ZAGPPHC 585 (21 April 2023)
  155. Murwira v Chidzewere (A3001/2023) [2024] ZAGPJHC 102 (23 January 2024)
  156. NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)
  157. National Director of Public Prosecutions v Mohamed NO and Others [2003] ZACC 4 (3 April 2003)
  158. National Tertiary Retirement Fund v Registrar of Pension Funds (221/2008) [2009] ZASCA 41 (31 March 2009)
  159. Ndamase v Functions 4 All (100/2003) [2004] ZASCA 32 (30 March 2004)
  160. Ndlovu v S [2017] ZACC 19 (15 June 2017)
  161. Ndlovu v Santam Ltd (550/2003) [2005] ZASCA 41 (13 May 2005)
  162. Nedbank Limited v Zevoli 208 (Pty) Ltd and Others (15698/2015) [2017] ZAKZPHC 22 (4 July 2017)
  163. Nedbank Ltd and Others v The National Credit Regulator and Another (500/2010; 662/2009) [2011] ZASCA 35 (28 March 2011)
  164. Neon and Cold Cathode Illuminations (Proprietary) Limited v Ephron (300/76) [1977] ZASCA 108 (11 November 1977)
  165. Notshokovu v S (157 of 2015) [2016] ZASCA 112 (7 September 2016)
  166. Nzimande v S (600/2009) [2010] ZASCA 80 (28 May 2010)
  167. Ogana v Green Outdoor Gyms (Pty) Ltd and Another (Leave to Appeal) (2022/4340) [2023] ZAGPJHC 1262 (30 October 2023)
  168. Oosthuizen v Road Accident Fund (258/2010) [2011] ZASCA 118 (6 July 2011)
  169. Perumal v Songca and Others (D3715/2021) [2023] ZAKZDHC 31 (17 July 2023)
  170. Plaatjies v Director of Public Prosecutions, Transvaal (43/2013) [2013] ZASCA 66 (27 May 2013)
  171. Poulter v Commissioner for South African Revenue Service (A88/2023) [2024] ZAWCHC 54 (2 April 2024)
  172. R v Abdullah (240/55) [1956] ZASCA 10 (19 March 1956)
  173. R v Gibson (209/55) [1956] ZASCA 25 (14 May 1956)
  174. R v Grundlingh (239/54) [1955] ZASCA 4 (8 March 1955)
  175. R v Mabombo (60/59) [1959] ZASCA 45 (22 September 1959)
  176. R v Mzimkhulu (58/56) [1956] ZASCA 38 (7 June 1956)
  177. R v Pieterse (305/56) [1957] ZASCA 35 (24 May 1957)
  178. R v Resisto Dairy (Proprietary) Ltd and Another (23/57) [1957] ZASCA 57 (16 September 1957)
  179. R v Roberson (184/55) [1956] ZASCA 47 (29 July 1956)
  180. R v Van Heerden (90/55) [1955] ZASCA 74 (3 November 1955)
  181. R v Webb (230/55) [1956] ZASCA 5 (12 March 1956)
  182. R v Zonele and Another (61/59) [1959] ZASCA 23 (29 May 1959)
  183. Re-opened Inquest into the Death of Dr Hoosen Mia Haffejee (Inquest 01/2021) [2023] ZAKZPHC 97 (13 September 2023)
  184. Road Accident Fund v Gonsalves (14756/2017) [2024] ZAGPJHC 149 (7 February 2024)
  185. Rodel Financial Services Proprietary Limited v O'Callaghan (2016/23121) [2017] ZAGPJHC 467 (31 March 2017)
  186. Rösemann v General Council of The Bar of South Africa (364/2002) [2003] ZASCA 96 (26 September 2003)
  187. S v Ackerman (SS090/2021) [2023] ZAGPJHC 383 (24 April 2023)
  188. S v Basson (293/2002; 404/2002) [2003] ZASCA 72 (3 Junie 2003)
  189. S v Basson (CCT 30/03) [2004] ZACC 13 (10 March 2004)
  190. S v Crause (174/58) [1958] ZASCA 78 (20 November 1958)
  191. S v Damani (DR 224/2014) [2014] ZAKZPHC 60 (9 December 2014)
  192. S v De Beer and Another (10/2006) [2006] ZASCA 80 (31 May 2006)
  193. S v De Beer and Another (CC 104/2005) [2005] ZANWHC 30 (22 June 2005)
  194. S v Ehlers (432/78) [1979] ZASCA 70 (29 Mei 1979)
  195. S v Felthun (458/1996) [1999] ZASCA 4 (3 March 1999)
  196. S v Govender (DR 242/2014) [2014] ZAKZPHC 54 (4 November 2014)
  197. S v Green (Appeal Judgment) (AR 176/2021) [2022] ZAKZPHC 31 (29 July 2022)
  198. S v Hargreaves (AR 669/2013) [2015] ZAKZPHC 19 (12 February 2015)
  199. S v Hlatshwayo and Another (AR 354/2020) [2022] ZAKZPHC 23 (28 March 2022)
  200. S v Hoho (493/2005) [2008] ZASCA 98 (17 September 2008)
  201. S v J G (A 214/2022) [2023] ZAGPPHC 548 (23 May 2023)
  202. S v Joubert (221/1989) [1990] ZASCA 113 (28 September 1990)
  203. S v Kobe (B180/23) [2024] ZAGPJHC 63 (26 January 2024)
  204. S v Kotole (CA 35/2022) [2022] ZANCHC 33 (12 August 2022)
  205. S v Kruger (107/55) [1956] ZASCA 2 (9 March 1956)
  206. S v Lewis (227/79) [1979] ZASCA 140 (29 November 1979)
  207. S v Lungu (CA&R89/22) [2023] ZAECMHC 18 (2 May 2023)
  208. S v Mabaso (R 25/2022) [2021] ZAKZPHC 2 (21 October 2021)
  209. S v Mabe (A 45/2022) [2022] ZAFSHC 90 (20 July 2022)
  210. S v Marks (237/76) [1977] ZASCA 53 (24 May 1977)
  211. S v Morgan and Others (644/1991) [1993] ZASCA 94 (2 June 1993)
  212. S v Ndlovu and Another (A349/2017) [2023] ZAGPJHC 1293 (2 November 2023)
  213. S v Ndokwane (AR 591/2010) [2011] ZAKZPHC 23 (27 May 2011)
  214. S v Nkumanda (Special Review) (CA*R45/2023) [2024] ZAECGHC 29 (19 March 2024)
  215. S v Shabangu (184/75) [1976] ZASCA 34 (11 May 1976)
  216. S v Siduna and Others (HC 14/23; Magistrate's Serial no.1/4/13(J); Review Case Number Re: 1011/22; Review Case Number Re: 153/20; Review Case Number Re: 181/20; Review Case Number Re: 223/20; Review Case Number Re: 867/22; Review Case Number Re: 935/22) [2023] ZANWHC 584 (31 October 2023)
  217. S v Tieties (620/1988) [1990] ZASCA 4 (1 March 1990)
  218. S v Tlhabela (A330/2021) [2022] ZAGPPHC 1056 (22 November 2022)
  219. S v Williams (A 369/2013) [2013] ZAWCHC 143 (20 September 2013)
  220. S v Williams and Others (CCT 20/94) [1995] ZACC 6 (9 June 1995)
  221. S v Woods (136/77) [1977] ZASCA 122 (25 November 1977)
  222. S v Zaanazo (HC 05/23) [2023] ZANWHC 603 (24 November 2023)
  223. SA Taxi Finance Solutions (Pty) Ltd v Mokobi (2021/12537) [2023] ZAGPJHC 770 (30 June 2023)
  224. SASSA v Grow with me Projects Primary Co-Operatve Limited (CA 184/2021) [2022] ZAECGHC 65 (18 October 2022)
  225. SATAWU v Tokiso (JA 117/13) [2015] ZALAC 9 (5 May 2015)
  226. Sarrahwitz v Martiz NO and Another [2015] ZACC 14 (4 June 2015)
  227. Sayed and Another v Levitt NO and Another (5582/2010; AR 101/2011) [2012] ZAKZPHC 38 (25 June 2012)
  228. Schlumberger Logelco Inc v Coflexip S A (700/1998) [2000] ZASCA 25 (25 May 2000)
  229. Sedwin Investments (Pty) Ltd v Datnow; Sedwin Investments (Pty) Ltd v Datnow (2024/2022; 3119/2021) [2023] ZAECELLC 7 (7 March 2023)
  230. Sentinel Retirement Fund and Another v Masoanganye (1003 of 2017) [2018] ZASCA 126 (27 September 2018)
  231. Shange v S (613 of 2016) [2017] ZASCA 51 (2 May 2017)
  232. Sheriff for District of Roodepoort South v Damons and Others (A3059/2019) [2022] ZAGPJHC 703 (30 September 2022)
  233. Sheriff for the District of Roodepoort South v Damons and Others (A3059/2019) [2022] ZAGPJHC 710 (30 September 2022)
  234. Singo v S (CCT 49/01) [2002] ZACC 10 (12 June 2002)
  235. Skema Holdings Proprietary Limited and Another v Fellner-Feldegg (AR 32/22) [2022] ZAKZPHC 45 (21 September 2022)
  236. Soma Initiative (Pty) Ltd v The Premier for the Eastern Cape and Others (353/2022) [2022] ZAECGHC 7 (17 May 2022)
  237. South African Legal Practice Council v Mokoana (32103/20) [2023] ZAGPPHC 139 (9 March 2023)
  238. South African Legal Practice Council v Teffo (10991/21) [2022] ZAGPPHC 629 (16 September 2022)
  239. St Claire Cooper NO and Others v Miftah Ul Junainah CC (1495/2022) [2022] ZAWCHC 143 (5 October 2022)
  240. Standard Bank South Africa Limited v Lamont (17022/18) [2022] ZAGPJHC 1 (25 January 2022)
  241. Standard Bank of SA Ltd and Others v Thobejane and Others (999/2019) [2021] ZASCA 92 (25 June 2021)
  242. Standard Bank of South Africa Ltd v Saunderson and Others (358/2005) [2005] ZASCA 131 (15 December 2005)
  243. Steenkamp v South African Broadcasting Corporation (113/2000) [2001] ZASCA 110 (28 September 2001)
  244. Steyn v S (CCT 19/2000) [2000] ZACC 24 (29 November 2000)
  245. Stow v Regional Magistrate, PE NO and Others, Meyer v Cooney NO and Others (2320/2013; 3986/2009) [2017] ZAECGHC 12 (9 February 2017)
  246. Stow v Regional Magistrate, Port Elizabeth NO and Others; Meyer v Cooney NO and Others (47 of 2018; 911 of 2017) [2018] ZASCA 186 (12 December 2018)
  247. Syce and Another v Minister of Police (1119/2022) [2024] ZASCA 30 (27 March 2024)
  248. TMT Services & Supplies (Pty) Ltd t/a Traffic Management Technologies v MEC: Department of Transport, Province of KwaZulu-Natal and Others (1059 of 2020) [2022] ZASCA 27 (15 March 2022)
  249. Telcordia Technologies Inc v Telkom SA Ltd (26/2005) [2006] ZASCA 112 (22 November 2006)
  250. Transnet Ltd t/a Metrorail and Another v Witter (517/2007) [2008] ZASCA 95 (16 September 2008)
  251. Tshepe and Another v Rustia Feed (Pty) Ltd (90/2020) [2021] ZASCA 104 (23 July 2021)
  252. Tshivhase Royal Council and Another v Tshivase and Another, Tshivase and Another v Tshivase and Another (98/89) [1992] ZASCA 185 (28 September 1992)
  253. Tshoga v S (635 of 2016) [2016] ZASCA 205 (15 December 2016)
  254. Tödt v Ipser (194/1991) [1993] ZASCA 53 (31 March 1993)
  255. University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others [2016] ZACC 32 (13 September 2016)
  256. Uti South Africa (Proprietary) Limited v Triple Option Trading 29 CC (20157/2014) [2015] ZASCA 101 (3 June 2015)
  257. V C V v Road Accident Fund (2019/39788) [2023] ZAGPJHC 467 (12 May 2023)
  258. V M v N M (KZN/DBN/RC 1571/2015) [2019] ZAKZNRD 3 (19 March 2019)
  259. Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and Others (425 of 2017; 426 of 2017) [2017] ZASCA 97 (21 June 2017)
  260. Van Heereden v Muir (197/54) [1955] ZASCA 9 (18 March 1955)
  261. Van Rooyen and Others v S and Others [2002] ZACC 8 (11 June 2002)
  262. Van Staden v Van Staden N.N.O. and Others (12229/2022) [2023] ZAWCHC 54 (15 May 2023)
  263. Van Streepen & Germs (Pty) Ltd v Transvaal Provincial Administartion (71/1987) [1987] ZASCA 69 (21 August 1987)
  264. Veldman v Director of Public Prosecutions (Witwatersrand Local Division) [2005] ZACC 22 (5 December 2005)
  265. Vilvanathan and Another v Louw NO (1254/2003) [2010] ZAWCHC 49 (19 March 2010)
  266. Vorster v Clothing City (Pty) Ltd (CA 145/2021) [2022] ZAECGHC 10 (17 May 2022)
  267. W D K v C D K (A152/2019) [2023] ZAGPPHC 221 (21 April 2023)
  268. Wahlhaus and Others v Magistrate Johannesburg and Attorney General for Transvaal (277/58) [1959] ZASCA 18 (16 May 1959)
  269. Weiner NO v Broekhuysen (173/2001) [2002] ZASCA 162 (31 May 2002)
  270. Weltmans Custom Office Furniture (Pty) Ltd (In Liquidation) v Whistlers CC (177/1997) [1999] ZASCA 45 (1 June 1999)
  271. Wyno Construction and Projects (Proprietary) Limited v Miway Insurance Limited (48046/20) [2022] ZAGPPHC 834 (10 June 2022)
  272. Zwelibanzi Utilities (Pty) Ltd Adam Mssion Services Centre v TP Electrical Contractors CC (160/2010) [2011] ZASCA 33 (25 March 2011)
  273. Zweni v Minister of Law and Order of the Republic of South Africa (310/1991) [1992] ZASCA 197 (20 November 1992)
Law Reform Report 1
  1. Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142
Legislation 57
  1. Child Justice Act, 2008
  2. Children's Act, 2005
  3. Constitutional Court Rules, 2003
  4. Credit Control
  5. Credit Control and Debt Collection
  6. Credit Control and Debt Collection
  7. Credit Control and Debt Collection
  8. Credit Control, Debt Collection and Indigent Support
  9. Credit Control, Tariffs and Debt Collection
  10. Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007
  11. Criminal Procedure Act, 1977
  12. Customer Care and Revenue Management
  13. Customs Control Act, 2014
  14. Customs Duty Act, 2014
  15. Cybercrimes Act, 2020
  16. Debt Collectors Act, 1998
  17. Divorce Act, 1979
  18. Domestic Violence Act, 1998
  19. Domestic Violence Regulations, 2023
  20. Eastern Cape Traditional Leadership and Governance Act, 2017
  21. Impoundment of Animals
  22. Impoundment of Animals
  23. Impoundment of Animals
  24. Inquests Act, 1959
  25. KwaZulu-Natal Liquor Licensing Regulations, 2013
  26. KwaZulu-Natal Pound Act, 2006
  27. Legal Aid of South Africa Regulations, 2017
  28. Legal Practice Act, 2014
  29. Maintenance Act, 1998
  30. Marine Pollution (Control and Civil Liability) Act, 1981
  31. Matrimonial Property Act, 1984
  32. National Credit Act, 2005
  33. Older Persons Act, 2006
  34. Parking
  35. Pension Funds Act, 1956
  36. Pounds
  37. Prevention of Family Violence Act, 1993
  38. Prevention of Organised Crime Act, 1998
  39. Promotion of Access to Information Act, 2000
  40. Promotion of Administrative Justice Act, 2000
  41. Promotion of Administrative Justice Act, 2000: Designation of Courts
  42. Promotion of Equality and Prevention of Unfair Discrimination Act, 2000
  43. Protection from Harassment Act, 2011
  44. Protection from Harassment Regulations, 2013
  45. Recognition of Customary Marriages Act, 1998
  46. Regulation of Gatherings Act, 1993
  47. Regulations for control over the use or application of Codes of Practice, 1995
  48. Regulations relating to Child Justice, 2010
  49. Regulations relating to Sheriffs, 1990
  50. Regulations under section 109(1)(bA) of the Legal Practice Act, 2014
  51. Rental Housing Act, 1999
  52. Restitution of Land Rights Act, 1994
  53. Sheriffs Act, 1986
  54. Small Claims Courts Act, 1984
  55. Superior Courts Act, 2013
  56. Tariff of allowances payable to witnesses in civil cases, 2008
  57. Value-Added Tax Act, 1991