Statistics Act, 1999
R 385
Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South AfricaAnnexure 2 : Scale of Costs and FeesTable B : CostsPart I : General Provisions in respect of proceedings in terms of Section 65 and 65A to 65M of the Act |
1. Subject to the provisions of paragraph 3, no fees other than those in the Tariff to this Part shall be allowed.
| 2. | Subject to the provisions of section 65K of the Act, the fees laid down in items (a) , (b) or (c) of the Tariff to this Part, as the case may be, shall be payable for the drawing up of the notice referred to in section 65A (1), including appearance at the inquiry into the judgment debtor's financial position referred to in section 65D, or any appearance at subsequent suspension, amendment or rescission proceedings, and shall, with the exception of the fee allowed under item (m) of the tariff, be chargeable only once for the drawing up, issue and all reissues of the notice and all postponements of the inquiry, irrespective of the number of days on which the proceedings are heard in court: Provided that where the debtor leaves the area of jurisdiction of the court after issue of the notice referred to in section 65A (1) and the notice is reissued in any other district, the aforesaid fee may also be charged in such other district if the court so orders. |
3. The following shall be allowed in addition to the fees laid down in the Tariff to this Part:
| (a) | All necessary disbursements incurred in connection with the proceedings. |
| (b) | A fee of 10% on each instalment collected in redemption of the capital and costs of the action, subject to a maximum amount of R300, 00 on every instalment. Where the amount is payable in instalments the collection fees shall be recoverable only on payment of every instalment. Such fees shall be in substitution for and not in addition to the collection fees prescribed in paragraph 13 of Part 1 of Table A. |
| (c) | All necessary disbursements incurred in connection with any prior abortive proceedings under section 72, if the court has so ordered. |
| (d) | Any amount necessarily and actually disbursed in tracing the judgment debtor, where the capital amount of the debt at the time the tracing agent was employed was not less than R327, 00. The total amount to be allowed for each tracing shall not exceed R250, 00. |
| 4. | For the purpose of the Tariff to this Part the amount of the claim shall, subject to the provisions of paragraph 3 (d), be the total of the capital amount and costs outstanding at the date of the first institution of proceedings under section 65A (1) of the Act. |
5. Items 1 to 5 of Part IV of Table A of Annexure 2 are applicable in terms of section 65J of the Act.
TARIFF
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R |
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"(a) |
Where the claim does not exceed the amount of R1 000,00 |
R165,00 |
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(b) |
Where the claim exceeds the amount of R1 000,00 but is not more than R2 000,00 |
R250,00 |
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(c) |
Where the claim exceeds the amount of R2 000,00 |
R296,00 |
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(d) |
Warrant of Arrest (Form 40A) |
R65,00 |
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(e) |
(i) |
Emoluments Attachment Order (Form 38) |
R131,00 |
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(ii) |
Reissue (Certificates included) |
R105,00 |
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(f) |
Application for costs on notice (including appearance in court) |
R65,00 |
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(g) |
Obtaining a certified copy of a judgment |
R65,00 |
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(h) |
Affidavit or certificate by the judgment creditor or his or her attorney |
R47,00 |
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(i) |
For each registered letter forwarded to the debtor in terms of sections 65A(2), 65E(6) or 65J(2) of the Act by the creditor or his or her attorney |
R30,00 |
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(j) |
Affidavit or affirmation by debtor [Rule 45(7)] |
R79,00 |
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(k) |
Request for an order under section 65 of the Act |
R47,00 |
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(l) |
Attending postponed proceedings in terms of section 65E(3) of the Act or attending proceedings at court pursuant to the arrest of a judgment debtor, director or officer or pursuant to a notice referred to in 65A(8)(b) |
R65,00 |
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(m) |
Subpoena: |
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(i) |
Drawing up of subpoena, per folio |
R19,00 |
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(ii) |
Every necessary attendance, per attendance |
R12,00 |
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(n)
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(i) |
Correspondence: For every necessary letter or telegram written or received, including copy to retain, provided that a fee for perusal shall not be allowed in addition to the fee herein provided for, per folio |
R19,00 |
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(ii) |
Attendances: For each necessary attendance not otherwise provided for, per attendance |
R19,00 |
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(iii) |
Necessary formal telephone calls, per call |
R19,00 |
