Magistrates Court Act 32 of 1944

Section 65 of the Magistrates’ Courts Act 32 of 1944 (the Act) provides a practical way to recover a debt when a court order for payment has not been honoured. If the amount remains unpaid for more than 10 days after it became due, the creditor may ask the court to inquire into the debtor’s financial position and make an order that is just and equitable in the circumstances. This article explains the Section 65 process in clear, straightforward language so that anyone, whether familiar with legal terms or not can understand exactly what happens and what is required.