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2. SCOPE OF THE INVESTIGATION

There are a number of different statutes regulating international co-operation in civil matters. The investigation is aimed at reviewing this legislation with a view to developing a uniform Act which promotes the aims and achieves the purposes of the current individual Acts. It also aims to ascertain whether consolidation of legislation is the appropriate route to follow in attempting to facilitate international co-operation in civil matters.

International co-operation in the context of the Commission’s investigation relates to the recognition and enforcement of foreign judgments; the service of judicial process abroad; and the taking of evidence for use in foreign civil proceedings. Recognition of a foreign judgment means that a domestic court acknowledges that the judgment has, within its own jurisdiction, the legal effect which the foreign court intended it to have. Enforcement means that the domestic court will compel the judgment debtor to comply with the judgment. It is possible for a court to recognise a foreign judgment but not enforce it. It is, however, not possible for a court to enforce a foreign judgment without recognising it.

On 14 February 2002 South Africa became the 59^th member State of the Hague Conference on Private International Law. This has opened the door for ratification of the Hague Conventions on Private International Law, which in turn are intended to foster international co-operation in civil and commercial matters.