REPUBLIC OF SOUTH AFRICA
THE MAGISTRATES’ COURT AMENDMENT BILL
(As introduced in the National Assembly as a section 75 Bill)
(The English text is the official text of the Bill)
(Mr L K JOUBERT, MP)
[ B …. ---- 2005 ]
REPUBLIEK VAN SUID – AFRIKA
WYSIGINGSWETSONTWERP OP LANDDROSHOWE
(Soos by die Nasionale Vergadering ingedien as ‘n artikel 75-wetsontwerp)
(Die afrikaanse teks is die amptelike vertaling van die Wetsontwerp)
(MR L K JOUBERT, MP)
[ B …. ---- 2005 ]
GENERAL EXPLANATORY NOTE
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
________________ Words underlined with a solid line indicate insertions in existing enactments
To amend the Magistrates' Courts’ Act, 1944, so as to provide for judicial oversight over the process of the sale of immovable property in execution; and to provide for matters connected therewith.
Be it enacted by the Parliament of the Republic of South Africa, as follows:-
Amendment of section 66 of Act 32 of 1944, as amended by section 16 of Act 40 of 1952 and substituted by section 3 of Act 63 of 1976
1. Section 66 of the Magistrates’ Court Act, 1944, is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:
" (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 a court on application by the judgement creditor, after consideration of all relevant circumstances, may order execution against the immovable property of the party against whom such judgment has been given or such order has been made.".
Amendment of section 67 of Act 32 of 1944, as amended by section 25 of Act 93 of 1962; substituted by section 5 of Act 19 of 1985 and section 1 of Act 204 of 1993
2. Section 67 of the Magistrates’ Court Act, 1944, is hereby amended by the insertion before paragraph (a) of the following paragraph:
" (aA) Subject to the provisions of section 66(1)(a) the immovable property of the execution debtor and of his family;".
3. This Act is called the Magistrates’ Court Amendment Act, 2005
MEMORANDUM ON THE OBJECTS OF THE MAGISTRATES’ COURT AMENDMENT BILL, 2005
The objects of the Bill are briefly explained below.
No other parties were consulted
There is no implications for provinces
There are no financial implications for the State
The opinion is held that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies