Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa4. Applications in terms of sections 57 and 58 of the Act |
(1)
| (a) | The letter of demand referred to in sections 57 and 58 of the Act shall contain particulars about the nature and amount of the claim. |
| (b) | Where the original cause of action is a credit agreement under the National Credit Act, 2005, the letter of demand referred to in section 58 of the Act must deal with each one of the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been complied with. |
| (2) | A request in writing referred to in section 59 of the Act shall be directed to the registrar or clerk of the court by means of Form 5A or 5B, as the case may be, supported by an affidavit containing such evidence as is necessary to establish that all requirements in law have been complied with. |
| (3) | A consent to judgment in terms of section 58 of the Act shall be signed by the debtor and by two witnesses whose names shall be stated in full and whose addresses and telephone numbers shall also be recorded. |
| (4) | Rules 12(6), (6A) and (7) apply to a request for judgment in terms of sections 57 and 58 of the Act. |