Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa11. Judgment by consent |
| (1) | Save for actions for relief in terms of the Divorce Act, 1979, or nullity of marriage, a defendant may before delivering notice of intention to defend consent to judgment by— |
| (a) | signing the form of consent endorsed on the original summons; |
| (b) | lodging with the registrar or the clerk of the court the copy of the summons served upon him or her with the form of consent endorsed thereon duly signed by him or her; or |
| (c) | lodging with the registrar or clerk of the court a consent in a similar form duly signed by him or her and by two witnesses whose names are stated in full and whose addresses and telephone numbers are also recorded. |
| (2) | Where a defendant consents to judgment as contemplated in subrule (1) before instructions for service have been given to the sheriff, it shall not be necessary to serve the summons, and the defendant shall not be chargeable with fees for service. |
| (3) | Subject to the provisions of section 58 of the Act a defendant consenting in terms of subrule (1) before the expiration of the time within which to deliver notice of intention to defend shall not be chargeable with judgment charges. |
| (4) | A defendant may, after delivering notice of intention to defend, save for actions for relief in terms of the Divorce Act, 1979, or nullity of marriage, consent to judgment by delivering a consent similar in form to that endorsed on the summons and such consent shall be signed by the defendant or by his or her attorney. |
(5)
| (a) | If a defendant's consent is for less than the amount claimed in the summons, he or she may deliver notice of intention to defend or may continue his or her defence as to the balance of the claim. |
| (b) | Notwithstanding a judgment upon a consent contemplated in paragraph (a), the action may proceed as to the balance of the claim, and it shall be in all subsequent respects an action for such balance. |
| (6) | When a defendant has consented to judgment, the registrar or clerk of the court shall, subject to section 58 of the Act and rule 12(5), (6) and (7), enter judgment in terms of the defendant's consent: Provided that where such consent to judgment is contained in defendant's plea, the registrar or clerk of the court shall refer the matter to the court and the court may thereupon exercise its powers under rule 12(7). |