Civil Litigation and Alternative Dispute Resolution

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Rescission of judgement applications in the High and Magistrate’s courts

According to the IOL website, “46.5 percent of credit-active consumers – 8.61 million people – have apparently notbeen making their payments as they should.” This often results in judgements granted by a court and in many cases debtors neglect to defend the actions instituted against them (i.e. a summons). This results in the court granting […]

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Jurisdiction of the Magistrate’s courts in terms of the Jurisdiction of Regional Courts Amendment Act 31 of 2008 (the “Act”)

The commencement of this Act has now largely aligned the rules of the Magistrate’s court with that of the High Court. For example, the addition of the application for irregular proceedings. Moreover, in the past, the Magistrate’s court could only hear matters that did not exceed R100 000. The threshold has now been raised to […]

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Jurisdiction of the courts in South Africa

Jurisdiction of a court is generally founded on either, the person (defendant) or cause of action. Certain types of courts, e.g. Magistrates Courts and Small Claims Courts, are “creatures of statute” and thus, may only entertain matters which the enabling legislation of that court specifically allows. <read more>   There are many medicines. Certain medicines […]

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The implications of debt review, administration orders and insolvency on the debtor’s status and contractual capacity

Although, it is always strongly recommended that personal finances are managed in such a way that consumers never find themselves in a position where they have to consult with a professional, these unfavourable situations often arise, whether due to the debtor’s failure to plan sufficiently or otherwise. It is therefore of the utmost importance, that […]

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Warrants of execution against immovable property – when and how are these issued?

Even though immovable property can be acquired by cash sale, most people acquire it by means of applying for a mortgage bond (loan) from a bank (or financial Institution). For many people this is the most valuable asset they own, which as a result (whether mortgaged or not), is often the only or most feasible […]

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