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

Part II : Civil Matters

Chapter IX : Execution

74Q. Suspension, amendment or rescission of administration order
Purchase cart Previous page Return to chapter overview Next page

 

(1)The court under whose supervision any administration order is being executed, may at any time upon application by the debtor or any interested party re-open the proceedings and call upon the debtor to appear for such further examination as the court may deem necessary, and the court may thereupon on good cause shown suspend, amend or rescind the administration order, and when it suspends such an order it may impose such conditions as it may deem just and reasonable.

 

(2)The court may at any time at the request of the administrator in writing and with the written consent of the debtor, amend any administration order.

 

(3)Upon any application for the rescission of an administration order the court may—
(a)rescind the order under subsection (1); or
(b)if it appears to the court that the debtor is unable to pay any instalment, suspend the order for such period and on such conditions as it may deem fit or amend the instalments to be paid in terms thereof and make the necessary amendments to any emoluments attachment order or garnishee order issued so as to ensure payment in terms of the administration order, or set aside the said emoluments attachment order or garnishee order; or
(c)authorise the issue of an emoluments attachment order or garnishee order to ensure the payments in terms of the administration order; or
(d)set aside or amend any emoluments attachment order or garnishee order issued so as to ensure payments in terms of the administration order.

 

(4)Any order rescinding an administration order shall be in the form prescribed in the rules and a copy thereof shall be delivered personally or sent by post by the administrator to the debtor and to each creditor, who shall also be informed of the debtor's last known address by the administrator.

 

(5)When an order of court for the payment of any judgment debt in instalments or any emoluments attachment order or garnishee order has lapsed in consequence of the granting of an administration order and such judgment debt has not been paid in full upon the rescission of the administration order, such court order, emoluments attachment order or garnishee order shall revive in respect of such judgment debt, unless the court otherwise orders.