Rules Board for Courts of Law

REQUEST FOR COMMENT: PROPOSED AMENDMENTS TO MAGISTRATES' COURTS RULE 43A (EXECUTION-RESIDENTIAL IMMOVABLE PROPERTY)

The purpose of this letter is to invite comments on the proposed amendments to Magistrates' Courts Rule 43A. The amendments are proposed mainly to sub-rules (2), (8) and (9).

The Rules Board for Courts of Law (Rules Board) is considering amending Magistrates' Courts Rule 43A:
(a) to provide clarity on which application is being referred to in sub-rule (2); and
(b) in sub-rules (8) and (9) to provide clarity on what a court should do, where a reserve price which was set by the court has not been achieved at a sale in execution of the attached immovable property and to provide for the procedure for bringing the reconsideration of the reserve price before the court.

Comments must be submitted on or before 29 May 2026.

Comments/submissions can be sent by hand delivery or e-mail as follows:

PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.

E-MAIL: Ms. Zintle Mbombo (ZMbombo@justice.gov.za)

Dated: 17 April 2026