In the Government Gazette of 19 February 2016 Rule 21B of the Magistrate’s Court, “Failure to deliver pleadings – barring” made it’s appearance. Rule 21B(1) reads as follows: “Any party who fails to deliver a replication or subsequent pleading within the time state in rule 21 shall be automatically barred”.
Nobody in this world is a guaranteed success. Sometimes things go wrong even in the best of practises. In this regard I specifically refer to theft and negligence. With the information world moving so fast attorneys are bound to use bookkeeping and banking services that are internet based.This automatically exposes any practitioner to theft by employees.
In a recent decision by Gorven J in the KwaZulu-Natal High Court, it was held that a primary residence should not be declared executable if there are reasonable prospects of reinstatement of the credit agreement in terms of section 129(3) of the National Credit Act 34 of 2005 (hereinafter referred to as the act).