| (1) |
A notice referred to in section 65A(1) of the Act calling upon a judgment debtor or, if the judgment debtor is a juristic person, a director or officer of the juristic person as the representative of the juristic person and in his or her personal capacity to appear before the court in chambers shall be similar to Form 40 of Annexure 1 and shall indicate the date of the judgment or order, the amount thereof, the balance of the capital, interest, costs and collection fees which the defendant undertook to pay under section 57(1)(c) of the Act owing as at the date of issue or reissue of such notice and shall be supported by an affidavit or affirmation by the judgment creditor or a certificate by his or her attorney stating— |
(a) the date of the judgment or the date of the expiry of the period of suspension under section 48(e) of the Act, as the case may be;
| (b) |
that the judgment or order has remained unsatisfied for a period of 10 days from the date on which it was given or became payable or from the expiry of the period of suspension in terms of section 48(e) of the Act; |
| (c) |
in what respect the judgment debtor has failed to comply with the judgment or order referred to in section 65A(1) of the Act, the amount in arrear and outstanding balance on the date on which the notice is issued; |
| (d) |
that the judgment debtor has been advised by registered letter of the terms of the judgment or of the expiry of the period of suspension under section 48(e) of the Act, as the case may be, and that a period of 10 days has elapsed since the date on which the said letter was posted; |
| (2) |
A notice referred to in subrule (1) shall state the consequences of failure to appear in court on the date determined for the enquiry. |
| (3) |
Any alteration in a notice referred to in subrule (1) or in a warrant of arrest in terms of section 65A(6) of the Act shall be initialled by the judgment creditor or his or her attorney and by the registrar or clerk of the court before issue or reissue. |
| (4) |
When a judgment or order referred to in section 65A(1) of the Act has been given in any court other than the court of the district in which the enquiry is held, the registrar or clerk of the court shall not issue the notice until there is lodged with him or her a copy of the judgment or order of such other court duly certified by the registrar or clerk of that court. |
| (a) |
When a judgment debtor has been arrested and is brought before a court which is not the court which authorised the warrant of arrest, that registrar or clerk of the court shall open a file, allocate a case number to it and hand it, together with the warrant, to the court. |
| (b) |
When the court referred to in paragraph (a) transfers the matter in terms of section 65A(11) of the Act to the court which authorised the warrant, the registrar or clerk of the court shall without delay send the original warrant and certified copies of the minutes of the proceedings and the order to that effect to the court which authorised the warrant. |
| (c) |
If the court before which proceedings in terms of section 65A(10)(b) or (11) are pending is not the court which authorised the warrant in terms of section 65A(6), the registrar or clerk of the former court shall by telephone or in writing by facsimile notify the registrar or clerk of the latter court of the appearance of the judgment debtor, director or officer before the former court and shall inform the judgment creditor or his or her attorney by telephone or in writing by facsimile accordingly: Provided that full particulars of telephone calls and proof of transmission of facsimiles shall be filed in the case cover. |
| (6) |
The provisions of rule 55 shall apply mutatis mutandis to a request referred to in section 65A(3) of the Act. |
| (7) |
A written offer referred to in section 65 of the Act shall be in affidavit or affirmation form setting out— |
| (a) |
the full names of the judgment debtor, his or her residential and business address; |
| (b) |
the name and address of his or her employer; |
| (c) |
his or her marital status; |
| (d) |
the number of his or her dependants, their age and their relationship to him or her; |
| (e) |
his or her assets and liabilities; |
| (f) |
his or her gross weekly or monthly income (including that of his or her spouse and dependants) and expenses; |
| (g) |
the number of emoluments attachment orders or other court orders against him or her and the total amount payable thereunder; and |
| (h) |
his or her offer and the dates of the proposed instalments. |
| (8) |
A warrant in terms of section 65A(6) of the Act shall be similar to Form 40A of Annexure 1. |
| (9) |
A notice in terms of section 65A(8)(b) of the Act shall be similar to Form 40B of Annexure 1. |
Older Persons Act, 2006
