Section 45: Recovery of duty before Judge
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
45. Recovery of duty before Judge
(1) Where any duty, penalty or cost is due under this Act, the Receiver
may apply to a Judge in Chambers for an order (contrainte) to issue against
the debtor.
(2) An order made under subsection (1) shall be—
(a) executory; and
(b) served on the debtor.
(3) Any debtor aggrieved by an order made under subsection (1) may
within 10 days of the service of the order appeal to the Supreme Court.
(4) No costs shall be awarded against an unsuccessful party except disbursements for—
(a) stamp duty;
(b) service of the order; or
(c) execution of the order.
[S. 45 amended by s. 27 (13) (b) of Act 33 of 2004 w.e.f. 1 July 2006; s. 4 (k) of
Act 4 of 2006 w.e.f. 2 October 2004.]