Tag: summons

Life can be unpredictable and challenging, and there may come a time when you find yourself unable to repay money you owe someone. Ignoring the issue or failing to make arrangements can lead to legal action against you, which often involves receiving a summons.

Policyholders and insurers alike should take note of a judgement recently handed down in the High Court of South Africa, Gauteng Division, Johannesburg. The case concerned a claim for specific performance in terms of a life insurance policy. The policyholder lodged a claim with his insurer through its authorised agent on or about 27 September 2017.

Prescription refers to the extinguishment of a legal claim or the loss of a right to take legal action due to the passage of time. The purpose behind prescription is to promote legal certainty, avoid stale claims, and provide a fair and just resolution to disputes.

The fiscal pressures on South African Revenue Service's (SARS) tax collection appear to have now compelled SARS to actively initiate the arrest and prosecution of taxpayers who do not accurately declare their taxable income. For long time, it has been warned that SARS possesses third-party information from banks, financial institutions, estate agents, car dealerships etc., enabling them to identify those who are not declaring their income correctly.

An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue.

The Small Claims Court (SCC) was established by the Small Claims Court Act 61 of 1984 (Act) as a means of improving access to justice by providing informal court processes through which members of the public could settle small civil claims.