Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa43A. Enforcement of foreign civil judgments |
| (1) | Whenever a certified copy of a judgment referred to in section 3(1) of the Enforcement of Foreign Civil Judgments Act, 1988 (Act No. 32 of 1988), is filed with the registrar or clerk of the court in the Republic, such registrar or clerk of the court shall register that judgment by numbering it with a consecutive number for the year during which it is filed and by noting the particulars in respect of the judgment referred to in paragraphs (a), (b) and (c) of the said section on the case cover. |
| (2) | A judgment creditor shall, together with the certified copy of a judgment referred to in subrule (1)— |
| (a) | file an affidavit made by himself or herself or by somebody else who can confirm the following facts stating— |
| (i) | the amount of interest due, the appropriate rate of interest and how the amount of interest has been calculated; and |
| (ii) | whether any amount has been paid by the judgment debtor since judgment, and, if so, whether such amount has been deducted from the capital amount of the judgment debt or from the interest or costs, as the case may be; and |
| (b) | if any amount payable under the judgment is expressed in a currency other than the currency of the Republic, file a certificate issued by a banking institution registered in terms of section 4 of the Banks Act, 1965 (Act No. 23 of 1965), stating the rate of exchange prevailing at the date of the judgment. |
| (3) | A notice issued in terms of section 3(2) of the Enforcement of Foreign Civil Judgments Act, 1988 (Act No. 32 of 1988), shall contain— |
| (a) | the consecutive number referred to in subrule (1); |
| (b) | the date on which the judgment was registered; |
| (c) | the balance of the amount payable under the judgment; |
| (d) | the taxed costs awarded by the court of the designated country; |
| (e) | the interest, if any, which by the law or by order of the court of the designated country concerned is due on the amount payable under the judgment up to the time of registration of the judgment; |
| (f) | the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining a certified copy of the judgment; |
| (g) | the names of the parties concerned; and |
| (h) | the name of the court where the judgment was given. |