Abolition of Civil Imprisonment Act 2 of 1977

Abolition of Civil Imprisonment Act, 1977 (No. 2 of 1977)

Act

• to abolish civil imprisonment;
• to repeal the law "To amend the Law as to Imprisonment for Debt", 1881 (Transvaal), and the Civil Imprisonment Restriction Act, 1942; and
• to provide for incidental matters.

(English text signed by the State President.)
(Assented to 24 February 1977.)

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Abolition of civil imprisonment.

1. No court shall have power to order the civil imprisonment of a debtor for his failure to pay a sum of money in terms of any judgment.

Existing decrees of civil imprisonment.

2. Any decree of civil imprisonment which is in force at the commencement of this Act shall as from the said commencement be of no force or effect.

Saving.

3. This Act shall not affect the power of a court to grant an order for the committal of any person for contempt of court or to sentence a judgment debtor to imprisonment in terms of any provision of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), for failing to satisfy a judgment.

Repeal of Law 7 of 1881 (Transvaal) and Act 21 of 1942.

4. The law "To amend the Law as to Imprisonment for Debt", 1881 (Transvaal), and the Civil Imprisonment Restriction Act, 1942, are hereby repealed.

Short title.

5. This Act shall be called the Abolition of Civil Imprisonment Act, 1977, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.

Commencement

1 July 1977 (Gazette 5600 of 17 June 1977)