What are the prerequisites for the issue of a warrant?
There must be a judgement liability in which the debt or other obligation of the judgement debtor, which is to be enforced by the sheriff, is specifically set out and described. A valid judgement is a prerequisite. Neither the Magistrate’s Court Act nor the Rules authorize or even contemplate the sale of property in satisfaction of any debt, which is not due by virtue of a judgement of a court.
Who may sue out a warrant?
In South Africa, the judgment creditor may sue out a warrant of execution, if the judgement is not satisfied. In terms of section 64 of the Magistrate’s Court a cessionary or other person who has by operation of law obtained the benefits of the execution creditor. A judgement creditor will then lose his right to issue a warrant.
Against whom may a warrant of execution be issued?
A warrant of execution may only be issued against the judgement debtor. Where the judgement has acted in a representative capacity warrants can be issued against him in his representative capacity.
What is the number of warrants per judgement?
As a rule only one warrant of execution may be issued in respect of one judgement.
Who issues a warrant of execution in South Africa?
A warrant of execution is a document under the hand of the clerk of the Magistrate’s Court or the registrar of the Supreme Court and addressed to the sheriff authorizing and requiring him to raise on the property of the judgment debtor an amount sufficient to satisfy the judgment debt, cost, and the cost of the sheriff.
What happens after warrant of execution?
A warrant of execution is issued at court which allows the sheriff to attach movable property. The sheriff will then make an inventory that reflects the goods that are under attachment and valuation. The sheriff is then instructed to remove the attached goods and to arrange a sale in execution.
Can a court order be reversed in South Africa?
Generally, South African law allows you to approach a court, on application, to rescind the judgment (set it aside) against you. Typically, default judgment for payment of debt will be granted against you if you have failed to appear at court and prove to the Magistrate that you do not owe the money for whatever reason.
Does an appeal suspend a court order South Africa?
In South Africa, Pending Appeals Suspend The Execution Of Court Orders. The Superior Courts Act, 2013 provides that an application for leave to appeal, or an appeal, suspends the operation and execution of a decision, pending the outcome of the application or appeal
How long does it take to get a court order in South Africa?
How long does it take to get a court date in South Africa? The trial date is usually within 30 months of the start of the litigation. More complex cases could take longer, could be between three to five years, to reach a final judgment i.e. after all appeals have been exhausted.
