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53.1 This part deals with the power of the court to commit a person to prison

or to make an order confiscating assets for failure to comply with an

order requiring him to do or an undertaking to do an act within a

specified time or not to do an act.

53.2 (1) Where a judgment or order specifies the time or date by which

an act must be done the court may by order specify another time

or date by which the act must be done.

(2) Where a judgment or order does not specify the time or date by

which an act must be done the court may by order specify a time

or date by which the act must be done.

(3) The time by which the act must be done may be specified by reference to the time that the order is served on the judgment

debtor.

(4) An application for an order under this rule may be made without

notice but the court may direct that notice be given to the judgment debtor.

(5) Any order made under this rule must be served in the manner

required by rule 53.3 (in the case of an individual judgment

creditor) or 53.4 (enforcement against an officer of a body

corporate)

53.3 Neither a committal order nor a confiscation of assets order may be

made unless -

(a) the order requiring the judgment debtor to do an act within a specified time or to not to do an act has been served personally on the judgment debtor; and

(b) at the time that order was served it was endorsed with a notice in

the following terms:

"NOTICE: If you fail to comply with the terms of this order you

will be in contempt of court and may be liable to be imprisoned

or to have your assets confiscated.",

or in the case of an order served on a body corporate in the following terms:

"NOTICE: If you fail to comply with the terms of this order you

will be in contempt of court and may be liable to have your assets confiscated."

(c) where the order required the judgment debtor or do an act within

a specified time or by a specified date it was served on the

judgment debtor in sufficient time to give him a reasonable

opportunity to do the act before the expiration of that time or

before that date.

53.4 Neither a committal order nor a confiscation of assets order may be

made against an officer of a body corporate unless -

(a) a copy of the order requiring the judgment debtor to do an act within a specified time or to not to do an act has been served personally on the officer against whom the order is sought; and

(b) at the time that order was served it was endorsed with a notice in

the following terms:

"NOTICE: If [name of body corporate] fails to comply with the terms of this order it will be in contempt of court and you [name of officer] may be liable to be imprisoned or have your assets confiscated."; and

(c) Where the order required the judgment debtor or do an act

within a specified time or by a specified date, it was served on

the judgment debtor in sufficient time to give him a reasonable

opportunity to do the act before the expiration of that time or

before that date.

53.5 (1) No application for a committal order may be made without the

permission of the court where the contempt alleged is -

(a) in disobedience to a writ of habeas corpus, or is

committed in connection with an application for such a

writ, or is in disobedience to an order of mandamus,

prohibition or certiorari; or

(b) is committed in connection with -

(i) criminal proceedings, except where the contempt

is committed in the face of the court or consists

of disobedience to an order of the court or a

breach of an undertaking to the court; or

(ii) proceedings in an inferior court; or

(c) is committed otherwise than in connection with

proceedings.

(2) An application for permission to apply for a committal order

may be made without notice but must be supported by evidence.

(3) Where such permission is given -

(i) unless an application is made for a committal order within 14 days the permission lapses; and

(ii) the application for the committal order may not be heard

till at least 8 days have passed since service of the application unless the court gives permission.

53.6 (1) This rule applies where the judgment or order has not been

served.

(2) Where the order required the judgment debtor not to do an act

the court may make a committal order or confiscation of assets

order if it is satisfied that the person against whom the order is to

be enforced has had notice of the terms of the order by -

(a) being present when the order was made; or

(b) by being notified of the terms of the order by facsimile

transmission or otherwise.

(3) The court may make an order dispensing with service of the

judgment or order under rule 53.3 or 53.4 if it thinks it just to do

so.

53.7 An undertaking given to the court must if practicable be given in

writing in the appropriate practice form and a copy of this form

endorsed with a notice in accordance with rule 53.3(b) or 54.4(b) must,

if practicable, be served on the person giving the undertaking.

53.8 . (1) The application must specify -

(a) the precise term of the order or undertaking which it is alleged that the judgment debtor has disobeyed or broken; and

(b) the exact nature of the alleged breach or breaches of the order or undertaking by the judgment debtor.

(2) The application must be verified by an affidavit.

(3) The applicant must prove -

(a) service of the order endorsed with the notice under rule

53.3(b) or 54.3(b); or

(b) if the order required the judgment debtor not to do an act, that the person against whom it is sought to enforce the order had notice of the terms of the order under rule 53.3(b) or 54.3(b); or

(c) that it would be just for the court to dispense with

service.

53.9 (1) Notice of the time date and place of the hearing of the

application must be served personally on the judgment debtor or,

in the case of a body corporate, the officer against whom it is

sought to make a committal order or confiscation of property

order.

(2) A copy of the application and of the evidence in support must be

served with the notice.

53.10 The court may -

(a) make a committal order against a judgment debtor who is an

individual; or

(b) make a confiscation of assets order against a judgment debtor

who is an individual or a body corporate; or

(c) make committal order against an officer of a judgment debtor

which is a body corporate; or

(d) make a confiscation of assets order against an officer of a judgment debtor which is a body corporate; or

(e) adjourn the hearing of the application to a fixed date; or

(f) accept an undertaking from the judgment debtor or an officer of a body corporate who is present in court and adjourn the application generally; or

(g) make a suspended committal order or confiscation of assets order on such terms as the court considers just; or

(h) dismiss the application,

and may make such order as to assessed costs as it considers to be just.

53.11 (1) Where an application for a committal order or a confiscation of

assets order has been adjourned under rule 53.9(e) the court office may fix a date for the adjourned hearing.

(2) An application for the order may be made without notice but

must be supported by evidence specifying the exact nature of

any breaches of the undertaking given to the court.

(3) The order must state the date time and place of the restored

hearing and must be served on the judgment creditor or the

officer of a body corporate personally at least 3 days before the

adjourned hearing.

(4) A copy of the evidence under paragraph (2) must be served with the order.

53.12 (1) Where the court has imposed terms under rule 53.9(g)and the

judgment creditor alleges that the judgment debtor or the officer

of a body corporate has failed to comply with the terms imposed the judgment creditor may apply for the suspended order to be enforced.

(2) The application must be in the appropriate practice form and must specify -

(a) the precise term or terms of the suspended order which it is alleged that the judgment debtor has disobeyed; and

(b) the exact nature of the alleged breach or breaches of the suspended order by the judgment debtor.

(3) The application must be verified by an affidavit.

(4) The court office must fix a hearing of the application.

(5) The notice of hearing must be served on the judgment creditor

or the officer of a body corporate personally at least 3 days

before the adjourned hearing.

(6) A copy of the evidence under paragraph (2) must be served with the order.

53.13 (1) The judgment creditor may not sell any property seized under an

order for confiscation without the permission of the court.

(2) An application for permission must be supported by evidence.