oa De Rebus - Section 65A (1) Notice to appear for a s 65 hearing of the Magistrate's Court Act : feature
|Article Title||Section 65A (1) Notice to appear for a s 65 hearing of the Magistrate's Court Act : feature|
|© Publisher:||Law Society of South Africa|
|Author||Yusuf Mahmood Surty|
|Publication Date||Jan 2016|
|Pages||26 - 28|
Section 65A (1) of the Magistrate's Court Act 32 of 1944, in the District Court, is a procedure in order to inquire into the financial position of such debtor where he or she has not satisfied a judgment for the payment of a sum of money granted against him, and to enable the court to make such an order which has at its aim the settlement of the judgment debt as it may deem just and equitable (see Lombard v Minister Van Verdediging 2002 (3) SA 242 (T) and see also 'The law reports' 2002 (July) DR 43). This procedure could also be used where judgment was granted in another district or the High Court or of a regional court, a copy of the judgments certified by the clerk or registrar of the court that granted the judgment must first be obtained and filed in the court out of which the s 65A, proceedings are to be instituted.
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