oa De Rebus - Security in the magistrate's court



The judgments in the matters of Computer Brilliance CC v Swanepoel 2005 (4) SA 433 (T) and FirstRand Bank Ltd v Pather 2005 (4) SA 429 (N) of which a detailed account is given in 2005 (Oct) DR 34; See also 2005 (Dec) DR 27 have curbed the absolute right of defendants to claim security in terms of r 62 (1)(c) when litigating against close corporations and companies in the magistrate's courts. It has been accepted practice in the magistrate 's court for many years that a defendant has an absolute right to claim security in such cases by delivery of a notice in terms of r 62 (1)(c).


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