| (1) |
For the purposes of determining the question whether or not a judgment delivered by a court in a foreign country relating to any act or transaction referred to in section 1 (3) can be recognized or enforced in the Republic— |
| (a) |
the person against whom the judgment was given shall not be regarded as having submitted to the jurisdiction of that court by reason only of the fact that he appeared, whether conditionally or otherwise, in the proceedings in question or of the fact that he took any steps in connection with such proceedings for the following purposes, or any one or more of them, namely— |
| (i) |
to contest the jurisdiction of that court; |
| (ii) |
to apply for the dismissal of the action in question or for the setting aside of the writ or summons in those proceedings on the ground that the court did not have the required jurisdiction; |
| (iii) |
to protect or to obtain the release of any property attached for the purpose of such proceedings, or threatened with attachment in those proceedings; |
| (iv) |
to apply to the court not to exercise its jurisdiction, if it was a case where that court had a discretion to decide whether or not to exercise its jurisdiction; |
| (v) |
to apply to such court for the dismissal of, or a stay of, the proceedings on the ground that the matter should be referred to arbitration or to a court in another country for a decision; |
| (vi) |
to institute review proceedings in connection with, or to lodge an appeal against, any order made in the proceedings mentioned in paragraphs (i) to (v); |
| (b) |
it shall not be regarded that such court had jurisdiction in respect of the person against whom such judgment was given merely on the ground of the fact that such person did business within the area of that court, unless such person, at the time when the events occurred which gave rise to the relevant proceedings, conducted a permanent business establishment within that area. |
| (2) |
Where the person against whom judgment was delivered by a court in a foreign country in respect of any act or transaction referred to in section 1 (3), entered appearance in the proceedings in which such judgment was given in order to defend the action on the merits thereof or took any other step in such proceedings in order to defend the action on the merits thereof, such entry of appearance and such step shall not be regarded as a submission to the jurisdiction of the court if in terms of the law governing such court and the proceedings conducted therein, such person was not entitled to contest the jurisdiction of the court unless he entered such appearance or took such step, as the case may be, in order to defend the action on the merits thereof. |
[Section 1E inserted by section 3 of Act 87 of 1987.]
Recognition of Customary Marriages Act, 1998
