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Action and Application Procedures
In South African civil procedure, the distinction between application and action procedures is fundamental. Here’s a detailed explanation…
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Applying for an Emolument Attachment Order
Applying for an emolument attachment order (EAO) in South African courts involves several steps. An EAO is a…
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Importance of the Case: Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others
The case of Mluleki Martin Chithi and Others v Minister of Rural Development and Land Reform and Others…
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Defending the Respondent: Protection Orders
A protection order is a court order aimed at preventing the reoccurrence of domestic violence or harassment by…
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Standard Bank of South Africa Limited v Lamont (Summary Judgement)
Importance of the Case: Standard Bank of South Africa Limited v Lamont The case of Standard Bank of South Africa Limited v Lamont (17022/2018) [2022] ZAGPJHC 3; 2022 (3) SA 537 (GJ) is significant in South African civil law, particularly regarding summary judgment procedures. Here’s a detailed explanation of its importance: Background of the Case In this case, Standard Bank sought summary judgment against Clint John Lamont for the payment of a capital amount of R601,152.71, along with interest. The cause of action was an alleged breach of a home loan agreement. Additionally, the bank sought an order declaring certain immovable property executable, which was the primary residence of the respondent and his family, including three children. Key Legal Issues Application of Uniform Rule 46A: The case highlighted the application of Uniform Rule 46A in summary judgment proceedings. Rule 46A deals with the execution against residential immovable property, ensuring that such actions are conducted fairly and justly, considering the rights of the occupants. Compliance with Procedural Requirements: The court emphasized the importance of complying with procedural requirements when seeking summary judgment. The application was found deficient as it failed to comply with Rule 46A(4)(ii), which mandates specific procedural steps to be followed.…
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Actions Against the State
Starting a civil action against the State in South Africa involves several steps, governed by specific legal provisions. Here’s a detailed guide on how to proceed: Letter of Demand: Draft and Serve: Before initiating formal legal proceedings, a letter of demand is typically served on the State. This letter outlines the nature of the claim, and the relief sought, giving the State an opportunity to respond or settle the matter amicably. Notice of Intention to Institute Legal Proceedings: This notice must be served within six months from the date the cause of action arose. Service of Summons: Serve on the State: The summons must be served on the relevant organ of State through the sheriff. The sheriff’s return of service must be attached to the court file. Acknowledgement and Defence: Wait for Response: The State has a prescribed period to acknowledge receipt of the summons and file a notice of intention to defend. This period is usually 10 days. File Plea: The State must then file a plea within the prescribed time, usually 20 days, outlining their defence to the claim. Interlocutory Proceedings: Manage Pre-trial Matters: Engage in any necessary interlocutory proceedings, such as applications for further particulars, discovery of documents, and pre-trial conferences.…
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Default Judgement and the National Credit Act
Applying for a default judgment in a case where the National Credit Act (NCA) applies in South Africa involves specific procedures to ensure compliance with the Act’s requirements. Here’s a detailed guide on how to proceed: Notice: 129. (1) “If the consumer is in default under a credit agreement, the credit provider-…
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Bringing a Simple Default Judgement
Step-by-Step Checklist for a Simple Default Judgment in the Magistrates Court Important Points to Remember Bringing a Default Judgement in Court If you are at…
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The Plascon-Evans Rule
Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd. (53/84) [1984] ZASCA 51; [1984] 2 All SA…
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Understanding Dies Non
In South African Civil Law, the concept of dies non refers to days that are not counted when calculating time…
Helena Rijkenberg
Hello, my name is Helena Rijkenberg. I am an Attorney and Author and the founder of the Candidate Attorney Support Page and Group on Facebook. This Blog is an extension of that support and I hope you will find it helpful and informative in your journey to become a Legal Practitioner in South Africa.