Practice Directive: Rule 46(11)

Judge President's Practice Directive: Rule 46(11) The Judge President of the Gauteng Division of the High Court, Judge Dunstan Mlambo, has issued a practice directive regarding applications in terms of the recently amended Rule 46A of the Uniform Rules relating to foreclosures and the sale in execution of properties. The directive came into effect on 18 April 2019 and includes the following:

  •  All applications in terms of Rule 46(11) shall no longer be dealt with by a judge in chambers, but these applications will be referred to and/or set down in the interlocutory court.

  • In all cases where the sheriff wishes to resell the property and where no reserve price was previously set by the court, or where the price was set, but the execution creditor wishes to amend it, the execution creditor shall, at least five days before the hearing, file an affidavit with the Registrar, in terms of Rule 46A(5)(a) to (e).

Gauteng JP Practice Directive: Applications in terms of Rule 46(11)

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