What Rule 12 actually asks
If the defendant has not delivered a notice of intention to defend in time, and has not consented to judgment, the plaintiff may request judgment. On a debt or liquidated amount the clerk or registrar may grant judgment or refer the request to court. On an unliquidated claim the matter must come to court, and the plaintiff must prove the nature and extent of the claim. A liquid document should arrive with the original, or with an affidavit explaining why it cannot.
The clerk may refer any request to court. Granting R184 000 on a copy of a copy of an invoice that nobody has sworn to is not expedition. It is an invitation to Rule 49.
Rescission — the second life of a default
Section 36 of the Magistrates’ Courts Act 32 of 1944 still gives the court power to rescind or vary a judgment granted in a person’s absence, or one that was void from the beginning, or obtained by fraud or common mistake. Good cause is still a three-legged stool: a reasonable explanation for the default, a bona fide defence, and prospects that are more than a hope dressed as a plea.
Credit agreements, emolument attachment and the National Credit Act still walk into this room wearing a default request. Check the certificate, the interest, the costs, and whether the consumer was ever in the building. Write the reasons as if the rescission is already in the post.
A working method for the civil Monday
• Is the claim liquid, liquidated, or a number looking for a story? If it is a story, hear evidence.
• Service first. A perfect request on a broken return is a future rescission with costs.
• Interest, costs and the rate. Write them. A silent interest clause becomes a fight about NCA maths.
• On consent rescission after payment: section 36(2) is a door, not a speech.
A note from Neelan Karikan. Authority stems from action — and granting judgment in someone’s absence is still an action that has to look that person in the face. Understand the file before you complete it.