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Magistrates' Courts Act, 1944 (Act No. 32 of 1944)

Part II : Civil Matters

Chapter VI : Civil Jurisdiction

30. Arrests and interdicts

 

(1) Subject to the limits of jurisdiction prescribed by this Act, the court may grant against persons and things orders for arrest tanquam suspectus de fruga, attachments, interdicts and mandamenten van spolie.

 

(2) Confirmation by the court of any such attachment or interdict in the judgment in the action shall operate as an extension of the attachment or interdict until execution or further order of the court.

 

(3) No order of personal arrest tanquam suspectus de fuga shall be made unless—
(a) the cause of action appears to amount, exclusive of costs, to at least forty rand;
(b) the applicant appears to have no security for the debt or only security falling short of the amount of the debt by at least forty rand; and
(c) it appears that the respondent is about to remove from the Republic.