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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

Rules of the Constitutional Court

Part X : Miscellaneous Provisions

33. Execution: Section 3 of the Constitutional Court Complementary Act, 1995 (Act No. 13 of 1995)

 

 

Costs orders of the Court shall be executed in the magistrate's court as follows:

 

1) The costs order shall have the effect of a civil judgment of the magistrate's court and the party in whose favour a costs order was made shall be deemed the judgment creditor and the party against whom such order was made shall be deemed the judgment debtor.

 

2) The party in whose favour a costs order was made shall, where a costs order has not been complied with, file with the Registrar an affidavit setting out the details of the costs order and stating that the costs order has not been complied with or has not been complied with in full, as the case may be, and the amount outstanding, and shall request the Registrar to furnish him or her with a certified copy of such costs order.

 

3) The Registrar shall, after having inspected the court file concerned to verify the contents of the affidavit, furnish the party referred to in subrule (2) with a certified copy of the costs order concerned and shall record such furnishing on the Court file.

 

4) The party referred to in subrule (2) shall file the said copy with the clerk of the civil court of the district in which he or she resides, carries on business or is employed.

 

5) Such order shall be executed in accordance with the provisions of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and the Magistrates' Courts Rules published under Government Notice R. 1108 of 21 June 1968, as amended, regarding warrants of execution against movable and immovable property and the issuing of emolument attachment orders and garnishee orders only.