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QUESTIONNAIRE:

Consolidated Legislation Pertaining to International Co-operation in Civil Matters: Project 121: Issue Paper 21

QUESTION 1: Statutory Provisions: Enforcement of Foreign Civil Judgments Act 32 of 1988 (page 5-6)

1.1 Should the provisions of this Act be extended to the High Court in order to facilitate the registration of foreign money judgments in excess of R100 000?

1.2 Is the current situation where the High Courts deal with enforcement of foreign judgments under common law principles, satisfactory?

QUESTION 2: Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 (page 9-10)

2.1 Is it advisable to have the Reciprocal Enforcement of Maintenance Orders Act separate from the Enforcement of Foreign Civil Judgments Act?

2.2 Should South Africa ratify the Conventions mentioned (Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (1973) and Convention Concerning the Recognition and Enforcement of Decisions Relating to Maintenance Obligations Towards Children (1958)) ?

2.3 Are there specific disadvantages to the ratification of the two conventions?

QUESTION 3: Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act 6 of 1989 (page10)

Is it advisable to retain this Act and if so for what purpose?

QUESTION 4: Reciprocal service of Civil Process Act 12 of 1990 (page 13)

4.1 Should the provisions of this Act be incorporated in a consolidated Act providing for international co-operation in civil matters?

4.2 Should South Africa consider ratifying the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters?

QUESTION 5: Other Relevant Legislation: The Supreme Court Act 59 of 1959 (page 14-15)

Should statutory provision be made for the registration of foreign judgments by the High Court?

QUESTION 6: Other Relevant Legislation: The Protection of Businesses Act 99 of 1978 (page 14-15)

6.1 What would be the impact of this Act on any new legislation providing for international co-operation in civil matters?

6.2 Can the limitations imposed by this Act on the enforcement of specific foreign judgments be justified?

6.3 Does this Act pose an unjustifiable obstacle to international co-operation in civil matters?

QUESTION 7: Effective Legislation (page 17-18)

7.1 Is consolidation of legislation advisable to facilitate international co-operation in civil matters?

7.2 Should the consolidated Act be based on reciprocity?

7.3 If not, what criteria should be used to determine which foreign countries the consolidated Act should apply to?

7.4 Alternatively, should South Africa recognise and enforce civil judgments emanating from all foreign countries?