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

Part II : Civil Matters

Chapter IX : Execution

65. Offer by judgment debtor after judgment

 

(1) If at any time after a court has given judgment for the payment of a sum of money and before the issue of a notice under section 65A(1), the judgment debtor makes a written offer to the judgment creditor to pay the judgment debt in specified instalments or otherwise and such offer is accepted by the judgment creditor or his or her attorney, the court may, subject to subsection (2), at the written request of the judgment creditor or his or her attorney, accompanied by the offer, order the judgment debtor to pay the judgment debt in specified instalments or otherwise in accordance with his or her offer.

 

(2) The offer referred to in subsection (1) must be supported, where reasonably possible, by the most recent proof in the possession of the debtor relating to his or her income and expenditure, other court orders or agreements with other creditors for payment of a debt in instalments and assets and liabilities as prescribed by the rules.

 

(3) The court—
(a) may request any relevant information from the judgment creditor or his or her attorney in order for the court to be apprised of the judgment debtor’s financial position at the time the written request, for an order to pay the judgment debt in specified instalments or otherwise, is made;
(b) must act in terms of the provisions of the National Credit Act and the regulations thereunder dealing with over-indebtedness, reckless credit and affordability assessment when considering a request for an order in terms of this section, if the judgment is based on a credit agreement under the National Credit Act; and
(c) may, if the debtor is employed, and after satisfying itself that it is just and equitable that an emoluments attachment order be issued and that the amount is appropriate, authorise an emoluments attachment order referred to in section 65J.

 

(4) An order made under subsection (1) is deemed to be an order of the court mentioned in section 65A(1).

 

[Section 65 substituted by section 7 of Notice No. 769, GG 41017, dated 2 August 2017