Default judgment – Magistrates’ Court – Form 5 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rules 12
When a defendant has failed to deliver the notice of intention to defend within the time stated in the summons or before the lodgement of the request provided for in this paragraph, and has not consented to judgment, the plaintiff may lodge with the registrar or clerk of the court a request in writing similar to Form 5 of Annexure 1 of the Magistrates’ Court Rules, in duplicate, together with the original summons and the return of service, for judgment against such defendant for-
(i) any sum not exceeding the sum claimed in the summons or for other relief so claimed;
(ii) the costs of the action; and
(iii) interest at the rate specified in the summons to the date of payment or, if no rate is specified, at the rate prescribed under section 1(2) of the Prescribed Rate of Interest Act 55 of 1975.
When the defendant has been barred in terms of rule 21B from delivering a plea, the plaintiff may lodge with the registrar or clerk of the court a request in writing for judgment in the same manner as when the defendant has failed to deliver the notice of intention to defend.
To view the rule go to Department of Justice – Magistrates’ Court Rules
For more go to the South African Legal Information Institute (SAFLII)
