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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

Annexure 1 : Forms

Form 25 : Warrant for Payment of Fine or Arrest of Witness in Default

 

In the Magistrate's Court for the District/Region of ......................................................held at ......................................... Case No. ........................................ of 20.........

 

In the matter between

 

..................................................................................................................... Plaintiff

 

and

 

................................................................................................................. Defendant

 

To the sheriff and to the officer in charge of the.............................................Prison.

 

Whereas ...................................... of .......................................... has been duly subpoenaed to give evidence (or to produce certain books, papers or documents, as the case may be) in the above matter before this court at .................... (time) on the ............................. day of ........................., 20.... and has made default;

 

And whereas this court has imposed upon the said ................................ for his or her said default a fine of .................... rand and for non-payment has committed him or her to the above-mentioned prison for a period of ................................................;

 

This is therefore to authorise and require you, the said sheriff of the court, to arrest the said ......................................... and, unless he or she shall pay to you the said sum of.........rand, to deliver him or her to the officer in charge of the ........................................... Prison together with this warrant to be safely kept there until he or she shall have paid the said sum of .............. rand or until the expiration of the said period of ................................. from the day on which the said ................................. shall be received into or retained in the said prison by virtue of this warrant whichever of the two shall first happen or until the said ...................... shall be otherwise legally discharged;

 

And this is to command you, the said officer in charge of the .................................. Prison, to receive and safely keep the said ..................................... as aforesaid.

 

Dated at ................................................. this ............................ day of ............................., 20.......,

 

 

................................................................

Registrar/Clerk of the Court