Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa62. Security for costs |
| (1) | A party entitled and desiring to demand security for costs from another shall, as soon as practicable after the commencement of proceedings, deliver a notice setting forth the grounds upon which such security is claimed, and the amount demanded. |
| (2) | If only the amount of security demanded under subrule (1) is contested the registrar or clerk of the court shall determine the amount to be given and his or her decision shall be final. |
| (3) | If a party from whom security is demanded under subrule (1) contests his or her liability to give security or fails or refuses to furnish security in the amount demanded or the amount fixed by the registrar or clerk within 10 days of the demand or the registrar's or clerk’s decision, the other party may apply to court on notice for an order that such security be given and that the proceedings be stayed until such order is complied with. |
| (4) | The court may, if security demanded is not given within a reasonable time, dismiss any proceedings instituted or strike out any pleadings filed by the party in default, or make such other order as it deems fit. |
| (5) | Any security for costs shall, unless the court otherwise directs, or the parties otherwise agree, be given in the form, amount and manner directed by the registrar or clerk of the court. |
| (6) | The registrar or clerk of the court may, upon written request of the party in whose favour security is to be provided and on notice to interested parties, increase the amount thereof if he or she is satisfied that the amount originally furnished is no longer sufficient; and his or her decision shall be final. |