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Section 47: Form and service of order of attachment

Courts (Civil Procedure) Act

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

47. Form and service of order of attachment (1) The order of attachment shall specify the names of the judgment creditor and debtor, the amount of the judgment debt, the nature and date of the contract, and if the order is made under section 45, that the amount specified is to be paid as a privileged claim first in rank. (2) The order shall be directed to the Accountant-General or the Chief Executive, as the case may be, and shall be served by an usher, and all sums due to the contractor in respect of the contract shall, in the first instance, be applied and paid in accordance with the terms of the order. (3) Such payment shall be made to the judgment creditor or his attorney, who shall give a receipt in writing, which shall be a valid discharge and release in respect of the payment. [S. 47 amended by s. 165 (5) (c) of Act 36 of 2011 w.e.f. 15 December 2011.]

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