What is Section 65 magistrates act?

What is Section 65 magistrates act?

Section 65 proceedings refer to Section 65 of the Magistrates’ Courts Act. This section provides for the collection of a debt from a debtor against whom a judgement has been granted.

Can you claim specific performance in the magistrates court?

In terms of s46 of the Magistrate’s Court Act (32 of 1944), the magistrate’s court cannot adjudicate certain actions, for example, the validity or interpretation of a will, decree of perpetual silence or claims for specific performance where no alternative claim for payment of damages is sought.

What sentences can magistrates give?

Sentences a magistrates’ court can give The court can give punishments including: up to 6 months in prison (or up to 12 months in total for more than one offence) a fine. a community sentence, like doing unpaid work in the community.

What is a nulla bona return?

fails to satisfy a judgment by the court, or fails to point out sufficient disposable property to satisfy it, or where a nulla bona return has been made by the officer responsible for the execution of the judgment; (Nulla bona is a Latin legal term meaning “no goods” – a sheriff writes this when he can find no property …

How do you address a magistrate in South Africa?

Call the Magistrate ‘Your Honour’, ‘Sir’ or ‘Madam’. Call others in the courtroom (such as lawyers and witnesses) by their title and surname; for example, Mrs Citizen.

What is a decree of perpetual silence?

A decree of perpetual silence, as I understand it from the papers which were placed before me, is a very extra-ordinary remedy. It seeks to make a person not deaf but dump before the court which perpetually silenced him.

What is the jurisdiction of the regional court?

Regional Courts now have civil jurisdiction to the extent that divorce matters can now be heard there. District Courts try the less serious cases. They cannot try cases of murder, treason, rape, terrorism, or sabotage. They can sentence a person to a maximum of 3 years in prison or a maximum fine of R100 000.

Is magistrates Court serious?

Magistrates’ courts always pass the most serious crimes to the Crown Court, for example: murder. rape. robbery.

Who can apply for insolvency?

A eligible person can become an Insolvency Professional by passing the Limited Insolvency Examination having 10 years experience as: A Chartered Accountant enrolled as a member of the Institute of Chartered Accountants of India. A Company Secretary enrolled as a member of the Institute of Company Secretaries of India.

Can you immigrate if you are sequestrated?

Can I still emigrate or at least travel overseas if I have been sequestrated? Yes, you still qualify for a visa and thus don’t have to be concerned about having to postpone your travel plans.