Small Claims Courts Act, 1984 (Act No. 61 of 1984)

Chapter VI : Judgment and Costs

Purchase

The court may, upon application by any person affected thereby or, in a case contemplated in paragraph (c) also suo motu—

(a)	rescind or vary any judgment granted by it in the absence of the person against whom that judgment was granted, provided the application for set-down for hearing is made on a date within six weeks after the applicant first had knowledge of the judgment;

[Paragraph (a) substituted by section 1 of Act No. 2 of 1992]

(b)	rescind or vary any judgment granted by it which was void ab origine or was obtained by fraud or as a result of a mistake common to the parties, provided the application is made not later than one year after the applicant first had knowledge of the voidness, fraud or mistake;

(c)	correct patent errors in any judgment, provided, in the case of an application, the application is made not later than one year after the applicant first had knowledge of any errors.

[Section 36 substituted by section 4 of Act No. 63 of 1989]