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1979 Ann. Surv. S. African L. 438 (1979)
Civil Procedure

handle is hein.journals/assafl1979 and id is 486 raw text is: CIVIL PROCEDURE H J ERASMUS* A LEGISLATION In terms of s 2 of the General Pensions Act 29 of 1979 no annuity or benefit or right in respect of an annuity or benefit under a pension law will be liable to be attached or subjected to any form of execution under a judgment or order of a court of law. The Act repeals similar provisions contained in, inter alia, s 3bis of the Associated Institutions Pension Fund Act 41 of 1963, s 20 of the Parliamentary Service and Administrators' Pensions Act 81 of 1971, and s 17 of the Military Pensions Act 84 of 1976. The Electoral Act 45 of 1979 re-enacts, with minor variations, the provisions of the Electoral Consolidation Act 46 of 1946 in regard to appeals against the decisions of an electoral officer (ss 22-23), and in regard to election applications (formerly termed 'election petitions') (ss 155-182). By s 4 of the Prisons Amendment Act 54 of 1979, s 81A is inserted into the Prisons Act 8 of 1959. The new section deals with the detention ofjudgment debtors who are committed for contempt of court under the new debt-collecting procedures introduced by the Magistrates' Courts Amendment Act 63 of 1976 with effect from 1 January 1979. The Prison Regulations have also been amended to deal with the detention of such debtors. Regulation 135 (as amended by GN R2091 GG 6665 of 21 September 1979 (Reg Gaz 2869)) provides that a judgment debtor committed to prison must as far as is practicable be segregated and be allowed association only with prisoners of the same category. If such segregation and association is not practicable owing to the limited number ofjudgment debtors in the prison concerned, such a prisoner may be segregated and allowed association with any other unsentenced prisoner. Regula- tion 140, which regulates periodical imprisonment, has, mutatis mutandis, been made applicable to judgment debtors sentenced to periodical imprisonment (by reg 135 as amended). By Proc R93 GG 6449 of 18 May 1979 (Reg Gaz 2793) a High Court for Venda was instituted. The seat of the court is at Thohoyandou. An appeal to the Appellate Division lies against any decision of the High Court on the same basis as if the High Court were the court of a provincial division of the Supreme Court of South * MA (OFS) LLB (SA) D Litt et Phil (Leiden), Professor of Law in the University of Stellenbosch.

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