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

Regulations

Rules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa

56. Arrests tanquam suspectus de fuga, interdicts, attachments to secure claims and mandamenten van spolie

 

(1) Application to the court for an order of arrest tanquam suspectus de fuga, an interdict or attachment or for a mandament van spolie shall be made in terms of rule 55.

 

(2) Every application referred to in subrule (1) shall be accompanied by an affidavit stating the facts upon which the application is made and the nature of the order applied for.

 

(3) The court may, before granting an order upon an application referred to in subrule (1), require the applicant to give security for any damages which may be caused by such order and may require such additional evidence as it may think fit.

 

(4) An order made ex parte for the arrest tanquam suspectus de fuga of a person shall call upon the respondent to show cause against it at a time stated in the order, which shall be the first court day after service.

 

(5) The return day of an order made ex parte for arrest tanquam suspectus de fuga may be anticipated by the respondent upon 12 hours' notice to the applicant.

 

(6) Unless otherwise ordered by a court, an order for the arrest tanquam suspectus de fuga of a person or the attachment of goods shall ipso facto be discharged upon security being given by the respondent to the sheriff for the amount to which the order relates, together with costs.

 

(7) The security contemplated in subrule (6) may be given to abide the result of the action instituted or to be instituted; and may be assigned by the respondent to part only of the order and shall in that event operate to discharge the order as to that part only.