"apply"

means apply on motion and 'application' has a corresponding meaning;

"clerk of the court"

means a clerk of the court appointed under section 13 of the Act and includes an assistant clerk of the court so appointed;

"Criminal Procedure Act, 1977"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

"default judgment"

means a judgment entered or given in the absence of the party against whom it is made;

"deliver"

(except when a summons is served on the opposite party only, and in rule 9) means to file with the registrar or clerk of the court and serve a copy on the opposite party either by hand-delivery, registered post, or, where agreed between the parties or so ordered by court, by facsimile or electronic mail (in which instance Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 will apply), and "delivery", "delivered" and "delivering" have corresponding meanings;

"Divorce Act, 1979"

means the Divorce Act, 1979 (Act No. 70 of 1979);

"Electronic Communications and Transactions Act, 2002"

means the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

"give security"

includes the giving of a security bond either by the party with someone as his surety or by two or more other persons;

"National Credit Act, 2005"

means the National Credit Act, 2005 (Act No. 34 of 2005);

"notice"

means notice in writing;

"pending case"

means a case in which summons or notice of motion has been issued and which has not been withdrawn, discontinued or dismissed and in which judgment has not been entered or given;

"plaintiff", "defendant", "applicant", "respondent" and "party"

include the attorney or counsel appearing for any such party and the officer of any local authority nominated by it for the purpose;

"registrar of the court"

means a registrar of the court appointed under section 13A of the Act and includes an assistant registrar of the court so appointed;

"sheriff"

means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act No. 90 of 1986), and also a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively;

"signature"

includes an advanced electronic signature as defined and described in Chapters I, II and III of the Electronic Communications and Transactions Act, 2002 and this also applies to "sign", "signing" and "signed";

"the Act"

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