Section 37A: Deceased party in civil proceedings
consolidated text (as at 1994, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
37A. Deceased party in civil proceedings
(1) Where in any civil proceedings—
(a) the suit has been started jointly by 2 or more persons and one of
them dies; or
(b) any other party to the suit dies,
a party to the suit may, by notice served personally on any of the heirs of
the deceased, call upon him to supply, in the form of an affidavit sworn not
later than 6 months from the date of the service of the notice, such information as the party may require regarding the heirs of the deceased or their legal representative.
(2) Where the information required by a notice under subsection (1) is
not supplied within the period of 6 months, or is insufficient to enable the
party who served the notice to join the necessary parties to the suit, he may
C60 – 13 [Issue 1]
Curatelle Act
apply to the Court before which the proceedings are pending for an order
vesting the Curator with the succession of the deceased.
(3) Where the Court grants an application made pursuant to subsection (2), this Act shall apply to the succession of the deceased party as it
applies to a vacant estate vested in the Curator.
(4) In this section, “heir” has the same meaning as in section 37.
[S. 37A inserted by Act 15 of 1994.]