LEGISLATIVE PROPOSAL BY L K JOUBERT, MP

MEMORANDUM IN TERMS OF NATIONAL ASSEMBLY RULE 234

 

 

  1. Introduction

The purpose of this memorandum is to obtain permission of the National Assembly in terms of Rule 236 to initiate legislation. The memorandum sets out:

  1. Particulars

    2. Particulars of the legislative proposal are set out in the attached draft bill to amend the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).

  2. Objects

    3. The object of the legislative proposal is to give effect to the decision of the Constitutional Court in Jaftha v Schoeman and Others, CCT74/03 by remedying the defect in section 66(1)(a) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and afford individuals judicial protection against the unconstitutional sale in execution of their immovable property.

  3. Financial Implications

The proposed legislation will have no financial implications for the State.