Magistrates' Courts Act, 1944 (Act No. 32 of 1944)Part IV : OffencesChapter XVII : Offences107. Offences relating to execution26 |
Any person who—
| (1) | obstructs a messenger or deputy sheriff in the execution of his duties; |
| (2) | being aware that goods have been placed under arrest, interdict or attachment by the court, makes away with or disposes of those goods in any manner not authorised by law, or knowingly permits those goods, if in his possession or under his control, to be made away with or disposed of in any such manner; |
| (3) | being a judgment debtor and being required by a messenger or deputy sheriff to point out property to satisfy a warrant issued in execution of judgment against such person, either— |
| (a) | falsely declares to that messenger or deputy sheriff that he possesses no property or not sufficient property to satisfy the warrant; or |
| (b) | although owning such property neglects or refuses to point out the same; or |
| (4) | being a judgment debtor refuses or neglects to comply with any requirement of a messenger or deputy sheriff in regard to the delivery of documents in his possession or under his control relating to the title of the immovable property under execution, |
shall be guilty of an offence and liable upon conviction to a fine not exceeding R500 or, in default of payment, to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.
26 S. 107 was repealed in respect of the territories of the former Republics of Transkei, Venda and Ciskei and the former self-governing territories of Gazankulu, KaNgwane, KwaNdebele, KwaZulu, Lebowa and Qwaqwa.