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

Part II : Civil Matters

Chapter IX : Execution

67. Property exempt from execution

 

In respect of any process of execution issued out of any court the following property shall be protected from seizure and shall not be attached or sold, namely:

(a) the necessary beds, bedding and wearing apparel of the execution debtor and of his family;
(b) the necessary furniture (other than beds) and household utensils in so far as they do not exceed in value the amount18 determined by the Minister from time to time by notice in the Gazette;
(c) stock, tools and agricultural implements of a farmer in so far as they do not exceed in value the amount19 determined by the Minister from time to time by notice in the Gazette;
(d) the supply of food and drink in the house sufficient for the needs of such debtor and of his family during one month;
(e) tools and implements of trade, in so far as they do not exceed in value the amount20 determined by the Minister from time to time by notice in the Gazette;
(f) professional books, documents or instruments necessarily used by such debtor in his profession, in so far as they do not exceed in value the amount21 determined by the Minister from time to time by notice in the Gazette;
(g) such arms and ammunition as such debtor is required by law, regulation or disciplinary order to have in his possession as part of his equipment:

Provided that the court shall have a discretion in exceptional circumstances and on such conditions as it may determine to increase the amounts determined by the Minister in respect of paragraphs (b), (c), (e) and (f).

 

                                                                                                                             

18 R2 000 - GN R385 (GG 15527) of 1 March 1994

19 R2 000 - GN R385 in GG 15527 of 1 March 1994

20 R2 000 - GN R385 (GG 15527) of 1 March 1994

21 R2 000 - GN R385 in GG 15527 of 1 March 1994