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1. BACKGROUND

On 3 November 1999 the Directorate: International Affairs held a departmental workshop to discuss international co-operation between South Africa and foreign states in civil matters. The need to revisit this area arose mainly from South Africa’s readmission to certain international organisations such as the United Nations and the Commonwealth. Growing international trade requires effective mechanisms and procedures for the recognition and enforcement of foreign judgments.

The Directorate of International Affairs also sensed growing concern amongst legal practitioners regarding the designation of countries to which legislation in this area applies. Thus far only a few countries have been designated under the relevant pieces of legislation. Since these apply only to the designated countries, the result is that they are inapplicable to all other countries.

The workshop was attended by key role-players such as judges, magistrates, state attorneys, sheriffs, registrars and clerks of the court. Various pieces of legislation were discussed,^[1] after which it was concluded that there is no need to have the Reciprocal Enforcement of Maintenance Orders Act 1963 separate from the Enforcement of Foreign Civil Judgments Act 32 of 1988 since both Acts relate to civil judgments or orders. It was also concluded at the workshop that consolidated legislation capturing all relevant pieces of legislation should be developed.

On 5 June 2000 the Minister approved the inclusion of an investigation entitled “Consolidated Legislation Pertaining to International Co-operation in Civil Matters” in the Commission’s programme.

^[1] Enforcement of Foreign Civil Judgments Act 32 of 1988; Reciprocal Enforcement of Maintenance Orders Act 80 of 1963; Recognition and Enforcement of Foreign Arbitrary Awards Act 40 of 1977; Reciprocal Service of Civil Process Act 12 of 1990; Foreign Courts Evidence Act 80 of 1962; Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act 6 of 1989.