Defence Act, 2002 (Act No. 42 of 2002)
R 385
Maintenance Act, 1998 (Act No. 99 of 1998)Regulations Relating to MaintenanceChapter 3 : Civil Execution17. Warrant of execution |
| 1) | A warrant of execution, contemplated in section 27 of the Act, shall— |
| a) | substantially correspond with Form L of the Annexure; and |
| b) | be prepared in triplicate. |
| 2) | The person in whose favour the order was made shall prepare Part A of Form L of the Annexure and thereafter lodge the said form, with the clerk of the maintenance court concerned. |
| 3) | On receipt of the warrant of execution referred to in subregulation (2) the clerk of the maintenance court shall issue the warrant of execution if he or she is satisfied that— |
| a) | authorisation for the issuing of a warrant of execution was granted; and |
| b) | the warrant of execution has been properly prepared, by preparing Part B of Form L of the Annexure. |
| 4) | The clerk of the maintenance court shall after the warrant of execution has been issued— |
| a) | return the original warrant of execution and one copy thereof to the person in whose favour the order was made; and |
| b) | file the second copy of the warrant of execution in the relevant file. |
| 5) | Any change on the warrant of execution shall be initialled by the clerk of the maintenance court. |
| 6) | The person authorised to execute a warrant of execution shall complete Part C and, if applicable, Part D of Form L of the Annexure and return the form to the clerk of the maintenance court. |
