Section 130 of the NCA allows a creditor to go to a Court of Justice to enforce a credit contract only after a number of steps in the process have been followed. A court should ensure that a claim is (or has not been) submitted (or has not been) to the NCA and the most effective way would be to verify the underlying documents. To understand if your application is based on a liquid document or if it is a liquidated amount of money, you must keep in mind that different documents are exchanged before the deal is ready to be negotiated. The three main ones are (c) deeds based on, or resulting in, a liquid document or mortgage, where the debt does not exceed the amount of R15,000.00. Examples of liquid documents are debt confirmation, debt or cheque; All of the aspects mentioned above are technical aspects of the cargo that are ex facie (on the surface) of the document. The amended MC rules provide an exception only for the first two reasons. [76] This is in line with HC rules which provide an exception for the first two reasons. [77] The reason for the exception is that a defendant cannot be expected to defend himself if he is somehow biased. The purpose of the exception is therefore to reject the citation and reject the action in its entirety. The following is a series of documentary exchanges, called pleas, between parties similar to a conversation on paper. The final representative of each party sets out, if necessary, in a summary form the essential facts of his complaint or defence. This means that the factual conclusions are begged.

[39] As the briefs are made of mere statements and do not reveal evidence, they are not confirmed under oath. [36] The procedure is strictly regulated by judicial rules, particularly with regard to deadlines. Failure to comply with judicial rules can be fatal for a case. First, the applicant has nothing to prove; he may, prima facie, discharge the primary burden by merely stating in the quotation that the plaintiff is the holder of a liquid document with the signature of the defendant or an agent of the defendant. With respect to futuro debts, i.e. maturing and maturing debts, including mortgage bonds and assets subject to credit contracts, debts are excluded from the administrative order. This means that the court excludes a certain amount of money from weekly or monthly payments to the trustee to allow the debtor to make periodic payments in the form of a contract to purchase existing credit or maintenance or mortgage bonds. The document must speak for itself; recognition of the debt on the face (ex facie) of the document must be sufficiently clear and secure that no extrinsizing evidence (evidence) is required to prove the amount. A provisional conviction is a conviction in which a creditor in possession of a liquid document can take swift action in court. If the debtor cannot challenge the validity of the liquid document, an interim judgment is rendered against him. It is only when he has paid the judgment penalty as collateral that the debtor can enter into the merits of the case.

In a recent decision of the Constitutional Court, it was found that several aspects of the provisional summons procedure were incompatible with the Constitution. I agree with Mr. Wessels that such a situation shows that a document such as the mortgage must be attached to the citation.