Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa15. Declaration |
| (1) | In all actions in which the plaintiff has issued a simple summons and the defendant has delivered a notice of intention to defend, the plaintiff shall, within 15 days after receipt of the notice of intention to defend, deliver a declaration. |
| (2) | A declaration under subrule (1) shall set forth the nature of the claim, the conclusions of law which the plaintiff shall be entitled to deduce from the facts stated therein, and a prayer for the relief claimed. |
| (3) | Where the plaintiff seeks relief in respect of several distinct claims founded upon separate and distinct facts, such claims and facts shall be separately and distinctly stated. |
| (4) | If the plaintiff has failed to deliver a declaration within the time prescribed under subrule (1) or within any extended time allowed, the defendant may deliver a notice in writing calling upon the plaintiff to deliver a declaration within five days of the receipt of such notice, and, on failure of the plaintiff to deliver his or her declaration within that period or within such further period as may be agreed between the parties, he or she shall be in default with such declaration, and ipso facto barred. |
| (5) | Where a plaintiff has been barred from delivering a declaration the defendant may set the action down for hearing upon not less than 10 days' notice to the defaulting plaintiff, and apply for absolution from the instance or, after adducing evidence, for judgment, and the court may make such order thereon as it deems fit. |