Moratorium Amendment Act 48 of 1978

Moratorium Amendment Act, 1978 (No. 48 of 1978)

GENERAL EXPLANATORY NOTE: ·
[ ]  Words in bold type in square brackets indicate. omissions from existing enactments. 
__ Words underlined with solid line indicate insertions in existing enactments.

Act

• to amend the Moratorium Act, 1963, so as to make other provision for the suspension of the obligation of a citizen rendering service to pay certain debts; and
• to provide for matters connected therewith.

(Afrikaans text signed by the State President.)
(Assented to 12 April 1978.)

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

Amendment of section 2 of Act 25 of 1963, as substituted by section 2 of Act 27 of 1977.

1. Section 2 of the Moratorium Act, 1963, is hereby amended-

(a) by the substitution for subsection (1) of the following subsection: 

"(1) Save as is provided in subsections (2) and (3) of section 2 of this section- 

(a) the obligation of a citizen rendering service to pay contractual debts incurred by him before his service commenced and which become payable [while he is rendering ] after he has commenced to render service shall be suspended for a period equal to the period during which he is rendering service plus one month;

(b) all civil legal remedies whatsoever against [such] any citizen-

(i) rendering service on which he is employed in tenns of section 92ter of the Defence Act, 1957 (Act No. 44 of 1957); or

(ii) rendering other service, in respect of contractual debts incurred by [such citizen] him,

shall be suspended during the whole periodduring which [such citizen] he is rendering service: Provided that the civil legal remedies referred to shall be suspended for a further penod of one month in so far as they relate to subparagraph (i).'';

(b) by the substitution for subparagraph (ii) of paragraph (b) of subsection (2) of the following subparagraph:

"(ii) [the price of actual necessaries of life supplied by persons, in the ordinary course of their business, to or at the instance of any such citizen after he has commenced to render service] contractual debts incurred by any such citizen and which do not become payable m tenns of the contract during the period during which he is rendering service;";

(c) by the deletion of subparagraph (iii) of paragraph (b) of the said subsection (2); and 

(d) by the substitution for subparagraph (iv) of paragraph (b) of the said subsection (2) of the following subpara graph:

"(iv) any amount becomin payable under a written contract entered into by a citizen who in terms of section 21 or 35 of the Defence Act, 1957, is obliged . to serve in the Citizen Force or the commandos, before a first period of service has commenced in terms of section 22 or 44 of that Act, if the citizen at the time of entering into the contract failed to inform the other party to the contract in writing that he is such a citizen;";

(e) by the deletion in subparagraph (ii) of paragraph (c) of the said subsection (2) of the words "and (iii)", where they occur for the first time, and the words "or (iii)", and by the substitution for the words "subparagraphs (i) and (iii)" of the words "subparagraph (i)".

Short title.

2. This Act shall be called the Moratorium Amendment Act, 1978.

Commencement

19 April 1978

Amendments

To be repealed by Defence Laws Repeal and Amendment Act 17 of 2015