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National Credit Act, 2005 (Act No. 34 of 2005)


Debt Counselling Regulations, 2012

1. Definitions


In these regulations any word or expression to which a meaning has been assigned in the Act bears the meaning assigned to it in the Act, and unless the context indicates otherwise;


"clerk of the court"

means a clerk of the court appointed in terms of section 13 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944) and includes an assistant clerk of the court so appointed;



means Magistrates' Court established in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), having jurisdiction over a consumer by virtue of such consumer's residence or place of business;



means to file with the registrar or clerk of the court and serve a copy on the opposite party either by hand-delivery, registered post, or, where agreed between the parties or so ordered by court, by facsimile or electronic mail (in which instance Chapter III, Part 2 of the Electronic Communications and Transactions Act, Act No. 25 of 2002 will apply), and "delivery", "delivered" and "delivering" have corresponding meanings;


"Magistrates' Courts Rules"

means rules regulating the conduct of the proceedings of the Magistrates' Courts of South Africa published in Government Notice No. R. 740 of 23 August 2010; and


''the Act"

means National Credit Act, 2005 (Act No. 34 of 2005).