Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part II : Civil Matters

Chapter IX : Execution

65I. Application for administration order has preference
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(1)If, before or during the hearing of the proceedings in terms of a notice under section 65A(1) a judgment debtor has lodged or lodges with the court an application for an administration order for hearing on a date not later than the earliest date on which such application may be heard and it appears that he has complied with the provisions of section 74, the court shall postpone the hearing of the proceedings until the application for an administration order has been disposed of.

 

(2)If a judgment debtor has not lodged or does not lodge with the court an application for an administration order before or during the hearing of such proceedings and it appears at the hearing that the judgment debtor has other debts as well, the court shall consider whether all the judgment debtor's debts should be treated collectively and if it is of opinion that they should be so treated, it may, with a view to granting an administration order, postpone further hearing of the proceedings to a date determined by the court and order the judgment debtor to submit to the court a full statement of his affairs in the form prescribed in the rules, and containing the particulars for which the said rules make provision and to cause a copy thereof to be delivered by registered post to each of his creditors at least 3 days before the date appointed for the further hearing.

 

(3)If upon receipt of the statement referred to in subsection (2) it appears that the judgment debtor's total debts do not exceed the amount17 determined by the Minister from time to time by notice in the Gazette, the court may grant an administration order under section 74 in respect of the judgment debtor's estate.

 

(4)If the court grants an administration order in respect of the judgment debtor's estate, it shall stay the proceedings in terms of the notice under section 65A(1), but may grant the judgment creditor costs already incurred in connection with such proceedings, and such costs may be added to the judgment debt.

 

                                                                                                                             

17 R50 000 - GN R1411 in GG 19435 of 30 October 1998.