What is a Section 58 in South Africa?
The effect of the judgment is that subject to a number of evidentiary and procedural matters, a Section 58 consent to judgment can be enforced notwithstanding the NCA. In reaching that decision, the court has also given direction as to the form a Section 129 notice should take.
How are court days calculated in South Africa?
The time periods are calculated using Court Days. Court Days are different from Business Days or Calendar Days and are calculated as follows by excluding the first day, Saturdays, Sundays and Public Holidays. For example if you receive a pleading on a Monday, you begin counting your days to respond from the Tuesday.
Does a summons expire in South Africa?
The Rules of Court no longer provide for a period until a summons will lapse. Previously, a summons would lapse after 12 months since date of issue, or having been served, the Plaintiff has not taken further steps in prosecution.
How must a summons be served in South Africa?
The summons is usually signed by an attorney, or by the plaintiff personally if he is not represented. Once it has been drafted, it must be issued by the clerk of the court or the registrar, who places a stamp on the document and gives it a case number.
What is a Section 58 agreement?
The Section 58 prevents statutory undertakers from digging up the road for a period of between three to five years after the road has been resurfaced or reconstructed, unless the work is an emergency or needed to provide a new customer service.
What is a Rule 58 application?
Rule 58(1) of the Magistrate’s Courts Rules provides: “(1) This rule shall apply whenever a spouse seeks relief from the court in respect of one or more of the following matters: (a) interim maintenance; (b) a contribution towards the costs of a pending matrimonial action; (c) interim care of any child; or.
How do you calculate calendar days for court?
Time is computed by excluding the first day, and including the last, unless the last day is a Saturday, Sunday or holiday, and then it is also excluded. 2. If the last day is a Saturday, Sunday or holiday, the period is extended to and including the next day that is not a Saturday, Sunday or holiday.
How do you count calendar days?
When counting a time period, both the start date and end date are included in the count. Thus, if a job order is posted from February 1, 2007, through March 8, 2007, February 1st, is counted as day 1; February 2nd, is day 2; March 2nd, is day 30; and March 8th, is day 36.
What do I do if I get a debt summons in South Africa?
The sheriff will serve the summons on the debtor, whereafter they have 10 days to respond on whether they intend to defend the matter. If the debtor fails to serve a notice of intention to defend within 10 days, an application for default judgment will be made.
Does a summons expire?
Under the Rules of the Superior Courts, a Summons (the document that initiates legal proceedings) remains in force for a 12-month period from the day it is issued1. If the Summons is not served on the defendant(s) within that 12-month period, it expires and cannot then be validly served.
What is a Rule 58 in divorce?
What is the difference between calendar days and court days?
Know that “days” mean calendar days, and that “court days” are days the court is open for business (e.g. Monday through Friday, excluding holidays). If you are supposed to do something on the “last day” like respond to discovery (see the example below), then “holiday” includes weekends.