For purposes of Chapters VIII and IX of this Act, the factors a court must take into account when considering whether an order is just and equitable, include, but are not limited to—
| (a) |
the size of the debt; |
| (b) |
the circumstances in which the debt arose; |
| (c) |
the availability of alternatives to recover the debt; |
| (d) |
the interests of the plaintiff or judgment creditor; |
| (e) |
the rights and needs of the elderly, children, persons with disabilities and households headed by women; |
| (f) |
social values and implications; |
| (g) |
the amount and nature of the defendant’s or judgment debtor’s income; |
| (h) |
the amounts needed by the defendant or judgment debtor for necessary expenses and those of the persons dependent on him or her and for the making of periodical payments which he or she is obliged to make in terms of an order of court, agreement or otherwise in respect of his or her other commitments; and |
| (i) |
whether the order would, in the circumstances of the case, be grossly disproportionate. |
[Section 55A inserted by section 4 of Notice No. 769, GG 41017, dated 2 August 2017
Special Investigating Units and Special Tribunals Act, 1996
