The Section 65 Financial Inquiry: What Judgment Debtors Can Expect
Obtaining judgment against a debtor is often only the first step in recovering a debt. Where a judgment debtor fails to satisfy the judgment, a creditor may use the section 65 procedure under the Magistrates’ Courts Act 32 of 1944 to investigate the debtor’s financial position and determine their ability to pay. Understanding the purpose, […]
Consent to Jurisdiction: A discussion of Section 45 of the Magistrates Court Act, 32 of 1944
Parties to a contract more frequently than not insert a “Consent to Jurisdiction” clause which allows the grieving party the opportunity to approach the relevant Magistrates Court without having to prove jurisdiction. Section 45 of the Magistrates Court Act reads as follows: “45. Jurisdiction by consent of parties. (1) Subject to the provisions of section […]