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

Rules

Rules Regulating Matters in respect of Small Claims Courts

Annexures

Annexure 2 : Costs

Part II : Fees and travelling expenses of sheriffs

 

1.

(a) For the service of a summons, including the registration of the summons on receipt thereof for service, for the journey to and from the place of service of the summons and for a return or notification in terms of rule 4(3) to the party who has sued out process—
(i) within a distance of 6 kilometres from the court-house of the magisterial district within which the summons shall be served: R10,00;
(ii) within a distance of 12 kilometres but further than 6 kilometres from the court-house of the magisterial district within which the summons shall be served: R12,00;
(iii) within a distance of 20 kilometres but further than 12 kilometres from the court-house of the magisterial district within which the summons shall be served: R15,00.
(b) For the attempted service of a summons, including the registration of the summons on receipt thereof for service, for the journey to and from the place of attempted service of the summons and for a return or notification in terms of rule 4(3) to the party who has sued out process—
(i) within a distance of 6 kilometres from the court-house of the magisterial district within which the summons shall be served: R8,00;
(ii) within a distance of 12 kilometres but further than 6 kilometres from the court-house of the magisterial district within which the summons shall be served: R10,00;
(iii) within a distance of 20 kilometres but further than 12 kilometres from the court-house of the magisterial district within which the summons shall be served: R12,00.

2.

(a) For the execution of a warrant, including the registration of the warrant on receipt thereof for execution and bank commission paid by the sheriff, for the journey to and from the place of execution of the warrant and for a return or notification in terms of rule 4(3) to the party who has sued out process—
(i) within a distance of 6 kilometres from the court-house of the magisterial district within which the warrant shall be executed: R13,00;
(ii) within a distance of 12 kilometres but further than 6 kilometres from the court-house of the magisterial district within which the warrant shall be executed: R16,00;
(iii) within a distance of 20 kilometres but further than 12 kilometres from the court-house of the magisterial district within which the warrant shall be executed: R20,00.
(b) For the attempted execution of the warrant, including the registration of the warrant on receipt thereof for execution, for the journey to and .from the place of attempted execution of the warrant and for a return or notification in terms of rule 4(3) to the party who has sued out process—
(i) within a distance of 6 kilometres from the court-house of the magisterial district within which the warrant shall be executed: R11 ,00;
(ii) within a distance of 12 kilometres but further than 6 kilometres from the court-house of the magisterial district within which the warrant shall be executed: R13,00;
(iii) within a distance of 20 kilometres but further than 12 kilometres from the court-house of the magisterial district within which the warrant shall be executed: R16,00.
(c) Where the warrant is one for ejectment, a further fee of R5,00 shall be paid after the execution thereof for each person over and above the person named or referred to in the warrant of ejectment in fact ejected from separate premises: Provided that where service on any person other than the judgment debtor is necessary in order to complete the execution, the fees mentioned in item 1(a) may be charged for each such service.

 

3. If it is necessary for the sheriff to travel further than 20 kilometres from the court-house of the magisterial district within which a process must be served or executed, a travelling allowance of 70c per kilometre for each kilometre or part thereof travelled further than the aforesaid distance to and from the place of service or execution shall be allowed in addition to the fees mentioned in item 1(a)(iii), 1(b)(iii), 2(a)(iii) or 2(b)(iii), as the case may be.

 

4.

(a) In respect of the discharge of any official duties other than those mentioned in items 1 and 2, a travelling allowance of 70c per kilometre for each kilometre or part thereof shall be payable to the sheriff for the forward and return journey, which shall be calculated from the court-house of the magisterial district within which the official duty is to be performed.
(b) A travelling allowance shall include all the expenses incurred in travelling, including train fares.
(c) A travelling allowance shall be calculated in respect of each separate service, except that—
(i) where more services than one can be done on the same journey beyond a radius of 20 kilometres from the court-house concerned, the distance of the radius of 20 kilometres to the first place of service may be taken into account only once and shall be apportioned equally to the respective services, and the distance from the first place of service to the remaining places of service shall likewise be apportioned equally to the remaining services; and
(ii) where service of the same process has to be effected on more than one person by a sheriff within the area served by him, only one charge for travelling shall be made.

 

5. For the ejectment of a defendant from the premises mentioned in the warrant of ejectment: R5 for the first 30 minutes and thereafter R15 per hour or part thereof.

 

6. In addition to the fees prescribed, the sheriff shall be entitled to charge the amount paid by him for telephone calls.

 

7. For the writing of a necessary letter to an interested party in the matter: R2.

 

8. For the copying of the necessary documents relevant to a process handled by the sheriff: 50c per A4 size copy.

 

9. If it is necessary for the sheriff to return to the mandator a process received by him for service or execution because—
(a) the address of service which appears on the process does not fall within his jurisdiction;
(b) the mandator requests, before an attempted service or execution of the process, that it be returned to him: an amount of R2,50.

 

10. In addition to the fees prescribed in this Annexure, the sheriff shall be entitled to the amount he actually disbursed for postage.

 

[Annexure 2 substituted by rule 13 of Notice No. R. 851 of 1991]

 

 


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