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SettleADebt C_ZA PASS-16 — South Africa

Narrow Magistrates’ Court administration-order gateway

Focused component: The administration-order portion of reviewed P05 D09 only.

Fresh research access: 26 October 2026 PDT; 27 October 2026 UTC and SAST. Exact source-opening clock times were not logged and are unknown.

Mode and provenance: Regular Chat with public-source browsing. The coordinator-selected model family and power are not independently exposed here; no Pro, quota-reset, measured-ranking or independent-review claim is made. P06, P10, P13 and P15 remain saved but unreviewed and are not adopted as premises. P11’s reviewed correction does not supply an administration-order premise.

Scope: This pass addresses only administration orders under the Magistrates’ Courts Act 32 of 1944. Voluntary surrender, sequestration, liquidation and business rescue remain separate deferred components.

Principal disposition

A South African administration order is a court-supervised payment and estate-administration mechanism, not an automatic discharge or write-off. The gateway requires, among other things:

• inability to pay a judgment immediately or meet current financial obligations;
• insufficient assets capable of attachment to satisfy the debts;
• a statement that the total debts due do not exceed the current prescribed ceiling; and
• a discretionary Magistrates’ Court order after disclosure, creditor notice and a hearing.

The latest final official ceiling established in this pass is R50,000, effective 1 June 2014. The amount condition is met at exactly R50,000 because the statute uses “does not exceed.” R50,000.01 exceeds the initial amount gateway. A later discovery that the debts exceeded the ceiling does not automatically invalidate an order already made, although the court may rescind it. Justice+2

A qualifying application is made in the relevant Magistrates’ Court using the prescribed application and statement-of-affairs process. The debtor must disclose assets, income, deductions, essential household expenses, dependants, creditors, security, judgments, future instalments, maintenance, mortgage obligations and prior administration orders. Copies must be delivered personally or by registered post to each creditor at least three days before the hearing. Creditors may attend, prove debts and object; disputed claims can be allowed, rejected or deferred by the court. Acts Online+1

If an order is granted, the court appoints an administrator, fixes a weekly, monthly or other payment amount, may regulate assets and may authorise an emoluments attachment or garnishee route subject to the Act. That court appointment is distinct from NCR debt-counsellor registration, PDA status, debt-collector registration or an attorney’s ordinary professional status. Acts Online+1

The mechanism does not generally forgive the balance. The administrator deducts statutorily permitted expenses and remuneration, distributes available funds, accounts to the court and creditors, and the order lapses through the statutory full-payment route after administration costs and listed debts have been paid. No general interest freeze, credit-record clearance, release of security or permanent bar to sequestration was established. Acts Online+2

G1. Current statute, ceiling, eligibility, venue and application

G1.1 Current statute and source limitations

The governing national statute is the Magistrates’ Courts Act 32 of 1944, particularly §§74–74W. The Department of Justice hosts a 59-page amended consolidation. Its indexed current text was used, but direct rendering of the official PDF repeatedly timed out; no page-image or exact PDF-page claim is made for that consolidation. Material provisions were cross-checked against:

• final Gazette notices;
• current Justice forms;
• the Magistrates’ Court rules and tariffs; and
• section-specific current reproductions.

This supplies a substantial national baseline but not an independently certified October 2026 consolidation of every amendment. Justice

G1.2 Current debt ceiling

Government Notice 217 of 2014 determined R50,000 for both:

• the §74(1)(b) application ceiling; and
• the §74(2) later-discovered-debt provision.

The notice withdrew the earlier 1998 determination and came into operation on 1 June 2014. The current Justice Form 45 also continues to state R50,000. No later final ceiling determination was established in the official sources searched, but that bounded search is not proof that no successor could exist. C_ZA-P16-C001–C004. Justice+2

Amount boundary

The amount test concerns the total debts due. Section 74A separately requires disclosure of future periodic obligations, maintenance, mortgage and other continuing commitments. P16 does not automatically add every future instalment over the remaining life of an agreement into the R50,000 “debts due” figure without the actual agreement and applicable law.

G1.3 Core eligibility predicates

Section 74’s gateway is engaged where a debtor:

1. is unable immediately to pay a court judgment or meet financial obligations;
2. does not have sufficient assets capable of attachment to satisfy the debts; and
3. states that the total debts due do not exceed the Ministerially determined amount.

The court may make an administration order; satisfaction of threshold facts does not compel the court to grant one. The court may impose conditions concerning security, preservation or disposal of assets, realisation of assets and payment administration. C005–C007. Acts Online+1

The process is designed around an individual debtor’s household finances. Section 74A and Form 45 ask for personal identity, employment, spouse, dependants, household expenses and personal assets. P16 did not establish a positive administration-order route for a juristic-person applicant; it therefore records that branch as unresolved, rather than declaring a universal statutory exclusion. C008.

G1.4 Competent court and territorial nexus

Section 74 identifies the relevant Magistrates’ Court through the judgment or the district where the debtor:

• resides;
• carries on business; or
• is employed.

Section 65I may also give an administration-order application preference during judgment-debt financial-inquiry proceedings. Exact district-versus-regional competence, transfer, filing location and e-justice availability must still be checked against the current court, rules and local facts. C009–C010. Justice+1

National legislation does not establish identical operating calendars, filing practices or administrative arrangements in every Magistrates’ Court.

G1.5 Prescribed application and statement

The current Justice forms index identifies:

• Form 44 / J926: application for an administration order;
• Form 45 / J927: statement of affairs;
• Form 51 / J933: administration order;
• Form 52 / J934: distribution account; and
• Form 52A / J935: rescission of administration order.

The current forms do not themselves prove that an application is substantively eligible. C011. Justice+1

Required statement content

Section 74A and Form 45 require extensive disclosure, including:

• employer details or reason for unemployment;
• assets and current market values;
• interests in property and claims in the debtor’s favour;
• bank or savings-account funds;
• occupation and gross weekly or monthly income;
• spouse’s income where applicable;
• payroll and other deductions;
• essential expenses of the debtor and dependants;
• transport and school-related expenses;
• all creditors, addresses and amounts;
• a distinction between debts wholly due and future obligations;
• judgments payable by instalment;
• existing emoluments-attachment and garnishee orders;
• maintenance and stop-order obligations;
• security held by creditors;
• jointly liable persons;
• instalment goods, purchase price, instalments and outstanding balances;
• mortgages and related instalments;
• other written asset-purchase agreements;
• prior administration orders;
• dependant details; and
• the instalment the debtor offers to pay.

C012–C018. Acts Online+1

The statement must be confirmed by affidavit as complete and true to the debtor’s knowledge. An illiterate debtor may request assistance from the clerk on payment of the prescribed fee. C019–C020. Acts Online

G1.6 Notice and hearing

The debtor must lodge the application and statement with the clerk and deliver copies personally or by registered post to each creditor at least three days before the hearing. The statute says days; P16 does not calculate a live filing deadline or assume a particular deemed-receipt rule. C021. Acts Online

At the hearing:

• a creditor may attend, prove a debt and object;
• listed claims are subject to the statutory deemed-proof and objection rules;
• a disputed creditor may be required to prove the debt;
• the court may allow, reject or postpone determination of a disputed non-judgment claim;
• the court may continue with other parts of the application while a claim remains disputed; and
• a creditor whose debt is rejected may pursue ordinary proceedings despite the administration-order enforcement restriction.

C022–C027. Acts Online

A later judgment debt may be added through the statutory process. If an earlier administration order was rescinded for noncompliance during the preceding six months, a fresh order faces an additional statutory hurdle unless the debtor establishes that the noncompliance was not wilful. C028–C029.

G1.7 Court’s financial inquiry

The court may question the debtor concerning:

• assets and liabilities;
• present and future income;
• spouse’s income where applicable;
• living standard;
• capacity to economise; and
• other relevant financial matters.

The order remains discretionary and evidence-based. A low total debt figure by itself is not sufficient. C030.

G2. Order terms, administrator, debts, money and distribution

G2.1 Contents of the order

Form 51 reflects the principal order components:

• placing the debtor’s estate under administration;
• appointing the administrator;
• specifying required security;
• fixing the weekly or monthly payment;
• authorising, where appropriate, an emoluments attachment or garnishee order;
• identifying assets for realisation;
• dealing with assets governed by credit agreements; and
• imposing other court conditions.

C031–C034. Acts Online

The court may set weekly, monthly or another payment frequency. The order is not a private payment plan unilaterally imposed by an adviser.

G2.2 Payment amount and household necessities

The instalment is based on the debtor’s anticipated income after allowing for reasonable necessary expenses and the needs of dependants. The court may consider:

• the debtor’s income;
• spouse or community-property income where applicable;
• necessary household and transport costs;
• maintenance obligations;
• mortgage and other continuing asset-related instalments;
• qualifying future obligations; and
• whether some payments for nonessential credit-purchased goods should be excluded from the protected household budget.

C035–C039. Acts Online+1

No statutory minimum repayment percentage or universal affordability ratio was established.

G2.3 Assets and secured agreements

The order may preserve, realise or regulate assets, but secured and credit-agreement rights require separate treatment.

Form 51 contemplates:

• realisation of identified assets;
• written seller permission before certain credit-agreement goods are realised;
• return of qualifying goods to the seller; and
• conditions relating to mortgage and other asset instalments.

A secured claim is therefore not automatically excluded from every aspect of the administration process, but neither is every secured asset freely distributable by the administrator. C040–C042. Acts Online

Mortgage-bond enforcement has an express exception under §74P, discussed below.

G2.4 Appointment and status of the administrator

The court appoints the administrator. The appointment takes effect subject to the order and any required security. The court may relieve or replace the administrator for good cause. C043–C045.

This statutory office is distinct from:

• an NCR debt counsellor;
• an NCR payment-distribution agent;
• a debt collector;
• an attorney acting only under an ordinary retainer; or
• a private budgeting or negotiation firm.

Holding one of those credentials does not automatically constitute appointment under §74E. Conversely, a court appointment does not confer every unrelated financial or professional permission.

G2.5 Security and notice of appointment

Where the statutory conditions require it, an administrator who is not within the protected professional/officer categories must furnish security before the appointment becomes effective. The current form records any required security. C044. Acts Online+1

The clerk sends the order to the debtor and administrator, and the administrator sends it by registered post to listed and proved creditors. Creditors who did not receive prior notice may object within the rule-based period. C046–C047.

Objection periods established in Rule 48

The current Rule 2 generally excludes Saturdays, Sundays and public holidays from periods calculated under the rules unless the contrary appears. P16 does not calculate an actual deadline because the notice and receipt dates are unknown. C048. Justice+1

G2.6 Creditor lists and omitted claims

The administrator maintains the statutory list of creditors and amounts.

A pre-order creditor omitted from the original list may submit a written claim. The debtor must be notified, and an admitted or undisputed claim can be added. A disputed claim proceeds through the court process. C049. Acts Online

A debt incurred after the administration order may also be submitted and added, but the later creditor does not receive a dividend until the creditors whose debts existed when the order was granted have been paid in full. C050. Acts Online

This priority does not erase or validate the post-order debt; it determines its place in the statutory administration.

G2.7 Payments to the administrator and default

The debtor pays the ordered instalments to the administrator. If payment defaults occur, the Act connects the administration order to the Magistrates’ Court judgment-debt machinery, including possible emoluments-attachment or garnishee mechanisms subject to the applicable current law and court authority. C051–C052. Acts Online+1

P16 does not certify a particular employer deduction, garnishee instruction or payroll amount.

G2.8 Records, distribution and priorities

The administrator must keep an up-to-date record of all money received, including dates and amounts, available for free inspection by the debtor, creditors or their attorneys during office hours. C053. Acts Online

Subject to expenses and remuneration, payments are distributed pro rata at least once every three months, unless:

• all creditors agree otherwise; or
• the court orders otherwise in the particular case.

C054. Acts Online

Additional statutory rules include:

• a balance below R10 may be paid in full where that facilitates distribution;
• claims preferential under insolvency law are paid in that statutory order; and
• urgent or extraordinary post-order medical, dental or hospital expenses may be paid from controlled money.

C055–C057. Acts Online

The full insolvency-priority schedule is deferred.

G2.9 Distribution account and judicial review

Every distribution account must:

• be consecutively numbered;
• bear the court case number;
• use the prescribed form;
• be signed by the administrator; and
• be lodged with the clerk.

The account is open to free inspection and can be reviewed without charge by a judicial officer at the request of an interested party. Form 52 separates receipts, administration costs, preferential payments, urgent medical payments, creditor dividends and balances carried forward. C058–C059. Justice+1

G2.10 Trust-account separation

The Act requires money received in the administration to be kept through the applicable trust-account structure and protects it from being treated as the administrator’s own estate.

The statutory text differentiates between:

• a non-attorney administrator’s separate bank trust account; and
• a practising legal practitioner’s professional trust regime.

The historic section wording refers to predecessor professional legislation. P16 therefore establishes the segregation duty, but holds the complete modern Legal Practice Act, bank-title, signatory, interest and insolvency treatment for a separate technical pass. C060.

G2.11 Administrator default or disappearance

Where the debtor is at least 14 days in arrears after registered demand, and the statutory enforcement mechanism is unavailable or has failed, or where the debtor disappears, the administrator must follow the statutory creditor-instruction process. C061.

Legacy wording in the Act refers to procedures and penalties whose modern constitutional and procedural status was not audited. P16 does not promise imprisonment, contempt or any particular coercive result.

G2.12 Administrator accounting failures

If the administrator fails to lodge a required distribution account within one month after becoming obliged to do so, an interested party may seek a court order compelling it or may seek removal of the administrator.

If the administrator fails for one month to pay an amount shown as due under a lodged account, the court has additional statutory powers, including payment relief and the stated double-payment consequence to the debtor’s estate, subject to the exact proof and order. C062–C063.

These are court remedies, not automatic bank reversals or private self-help.

G2.13 Direct payments outside the order

The Act restricts direct post-order payment of a pre-order debt outside the administration scheme. A payment made contrary to the statutory rule may be invalid or recoverable, subject to the creditor’s knowledge and the statutory conditions. A creditor who knowingly solicits such payment can face loss of the claim within the administration. C064.

This does not authorise an administrator to take unrelated consumer funds or override a court order.

G2.14 Administrator’s asset-realisation authority

The administrator may realise assets only through the authority and conditions supplied by the court and the Act. Credit-agreement goods, security interests, hypothecs and seller rights remain subject to their specific rules. C065.

G2.15 Remuneration and expenses

Section 74L allows the administrator, before distribution, to deduct:

• necessary expenses; and
• remuneration allowed under the tariff.

The combined amount of expenses and remuneration is capped at 12.5% of money collected, subject to taxation by the clerk and review by a judicial officer. C066–C067. South African Government

Latest final Part III tariff actually read

Government Notice R.6752 of 24 October 2025 came into operation on 28 November 2025. Its Part III provides:

• necessary disbursements;
• administrator fee of 10% of each instalment collected for redemption of capital and costs, included within the 12.5% statutory cap;
• R242 for instructions where there are 1–10 creditors;
• R339 for 11–20 creditors;
• R540 for 21 or more creditors;
• R192 for instructions under §74Q or opposition;
• R337 for drawing the application or review and affidavit;
• R8 per page for specified copies;
• R37 per page for perusal by an opposing attorney;
• R91 for specified postponement or setting-aside attendance;
• R192 or R362 for other hearings depending on creditor count;
• R26 for §74M information;
• R8 per page for specified statements, lists or accounts; and
• R40 for correspondence and attendances.

C068–C069. South African Government+2

These are tariff amounts, not a guaranteed total cost or authority to deduct any amount without the statutory service, taxation and order predicates.

A May 2026 Magistrates’ Court rules amendment was identified, but its body could not be opened in this pass. P16 therefore treats the 2025 Part III tariff as the latest final tariff actually read, not as a certified statement that no 2026 amendment affected it.

G2.16 Rule-based reserve

Rule 48 permits the administrator to retain an amount to cover possible costs if the debtor defaults or disappears:

reserve ≤ 25% of the amount collected, subject to an absolute maximum of R600 at any stage.

This reserve is not ordinary remuneration and must not be added outside the statutory accounting structure. Its complete 2026 amendment chain was not independently closed. C070. Justice

G2.17 Information to creditors

Section 74M requires the administrator, on request and payment of the prescribed fee, to furnish specified progress and document information to creditors. The 2025 tariff sets the relevant information charge at R26 and prescribed copies at R8 per page. C071. South African Government

G2.18 Failure by administrator to perform duties

The administrator has a statutory duty to enforce and carry out the order. Where the administrator fails, a creditor may, with court leave, take the permitted enforcement step; the court can address costs personally against the administrator in appropriate circumstances. C072.

No private creditor may simply seize administration funds without court authority.

G2.19 Application costs

Unless the court or Act provides otherwise, the costs of the administration application become a first claim against money controlled by the administrator. C073.

That priority is not a consumer-price quote and does not prove every invoiced amount is allowable.

G2.20 Creditor remedies while the order is in force

While the order remains effective, §74P restricts remedies by creditors subject to the administration order against the debtor or the debtor’s property for money claims.

Material exceptions include:

• mortgage-bond remedies;
• a claim rejected under §74B(3); and
• proceedings permitted by the court on stated conditions.

Pending proceedings are suspended when the relevant court receives notice of the administration order, subject to statutory exceptions and existing-cost consequences. C074–C077. Acts Online

The application alone does not create this protection. The order must actually be granted and in force.

No general statutory interest freeze was established.

G3. Default, variation, rescission, ending and remedy boundaries

G3.1 Default under the order

Failure to make ordered payments can trigger:

• statutory enforcement through the administrator;
• an emoluments-attachment or garnishee route where authorised;
• the administrator’s registered-demand and creditor-instruction duties;
• amendment, suspension or rescission proceedings; and
• possible revival of earlier enforcement orders after rescission.

No consequence is automatic merely because one payment is late; the actual order, demand, arrears, enforcement attempts and court process matter. C078.

G3.2 Suspension, amendment and rescission

The supervising court may, on application by the debtor or an interested person:

• reopen the proceedings;
• further examine the debtor;
• suspend the order;
• amend it; or
• rescind it,

on good cause shown.

The court may attach just and reasonable conditions. C079. Acts Online

The administrator may also request an amendment in writing with the debtor’s written consent. This is not an unrestricted private power to rewrite the court order. C080. Acts Online

G3.3 Variation following reduced ability to pay

On a rescission application, if the debtor is unable to pay the existing instalment, the court can instead:

• suspend the order;
• reduce or otherwise amend instalments;
• adjust, suspend or set aside an emoluments attachment or garnishee order; or
• authorise a new one.

The court decides; an administrator or debtor cannot unilaterally reduce the payment. C081. Acts Online

G3.4 Rescission and revival of earlier orders

Where an instalment order, emoluments attachment or garnishee order lapsed because the administration order was granted, it can revive on rescission for the unpaid balance unless the court orders otherwise. C082. Acts Online

Rescission therefore does not imply debt forgiveness.

G3.5 New credit or debt after the order

A debtor who incurs a new debt while subject to an administration order must disclose the order as required by §74S. Failure can constitute an offence and may support setting aside the order on application by an interested person. The current criminal penalty and complete procedural requirements were not audited. C083.

Post-order claims can be added but rank after pre-order creditors for dividends, as discussed above.

G3.6 Address, employment and court transfer

A debtor who changes residence, business or employment must notify the clerk and administrator immediately. The court may transfer the administration proceeding where the debtor moves to another district. C084.

P16 does not determine the filing mechanics in a particular court or whether e-justice is operational there.

G3.7 When the order lapses

The statutory lapse mechanism is tied to payment in full of:

• administration costs; and
• the creditors included through the statutory creditor-list mechanism.

The administrator files the required certificate and sends the prescribed copies. C085.

This is not a composition or statutory discharge of an unpaid balance. P16 found no general power in the §74 series to forgive the remaining principal merely because the debtor has paid for a period of time. C086.

G3.8 Sequestration remains possible

An administration order is not a bar to sequestration. Section 74R preserves that separate possibility.

P16 does not research:

• voluntary surrender;
• compulsory sequestration;
• insolvency advantage;
• assets;
• discharge;
• trustee appointment; or
• insolvency costs.

C087.

G3.9 Prescription boundary

Section 74V contains specific interruption and post-restriction prescription consequences concerning debts listed in or later added to the administration process.

P16 records only that the order can affect prescription. The full calculation, acknowledgment, service and revival analysis remains in the separate prescription component and is not adopted from unreviewed P12. C088.

G3.10 Administrator removal and accounts

The court may relieve or replace an administrator for good cause. Interested parties can seek court intervention for failures to account or pay. The distribution account is subject to judicial review without charge. C045, C058, C062–C063.

No general administrative-ombud complaint process was established in the material read.

G3.11 Appeal and review boundary

The §74 series provides:

• direct court supervision;
• judicial review of distribution accounts;
• amendment, suspension and rescission under §74Q; and
• removal/replacement of an administrator.

P16 did not establish a special administration-order appellate code. General Magistrates’ Court appeal and review rules remain a separate procedural question. C089.

G3.12 No automatic reporting, lien or interest consequences

An administration order does not, merely by its existence:

• clear a credit report;
• rescind a judgment;
• release a mortgage or other security;
• erase default interest;
• invalidate the underlying agreement;
• refund earlier charges; or
• cancel a creditor’s debt.

Those consequences require separate statutory, contractual or judicial authority. C090–C092.

G4. Conditional numerical examples

All amounts are fictional. They do not determine eligibility, a court order, a legal fee or an actual dividend.

Example 1 — ceiling equality

No rounding rule was established. The one-cent values merely show the legal equality boundary.

If an order is granted on a R50,000 statement but another R2,000 debt is later proved, §74(2) means the order is not automatically invalid; the court may consider rescission.

Example 2 — illustrative available-income budget

Assumptions

• Net recurring household income considered: R12,000/month
• Essential expenses and dependants: R7,500/month
• Maintenance: R1,000/month
• Preserved qualifying mortgage/asset instalments: R2,000/month

Arithmetic

R12,000 − R7,500 − R1,000 − R2,000 = R1,500

Illustrative amount available for an administration instalment: R1,500/month.

This is not a statutory formula or guaranteed court order. The court can question each expense, consider spouse/community income and decline to protect payments for nonessential credit-purchased goods.

Adverse branch

If income were R9,000 while the same accepted expenses totalled R10,500:

R9,000 − R10,500 = −R1,500

That illustrates no positive surplus on those assumptions; it does not by itself decide whether the court must refuse, postpone or make a different order.

Example 3 — administrator fee and combined cap

Assumption

• Instalment collected: R2,000
• 2025 Part III administrator rate: 10%
• Section 74L combined expenses/remuneration ceiling: 12.5%

Arithmetic

10% × R2,000 = R200 administrator remuneration

12.5% × R2,000 = R250 maximum combined expenses + remuneration

Illustrative remaining headroom for necessary expenses within the combined ceiling:

R250 − R200 = R50

This assumes the full R200 is allowable and that R50 of necessary expenses is properly incurred and taxed. It does not establish an automatic R250 deduction. VAT treatment was not established and is not added.

Example 4 — Rule 48 reserve

Case A

25% × R1,200 = R300

Because R300 is below the R600 maximum, maximum reserve under the rule assumption: R300.

Case B

25% × R4,000 = R1,000

Absolute rule maximum: R600.

The reserve is for possible default/disappearance costs; it is not an additional administrator fee.

Example 5 — pro-rata dividend after deductions

Assumptions

• Net distributable pool after lawful deductions and priorities: R1,750
• Creditor A admitted non-preferent claim: R20,000
• Creditor B: R15,000
• Creditor C: R15,000
• Total non-preferent claims: R50,000

Shares

• A: R20,000 ÷ R50,000 = 40%
• B: R15,000 ÷ R50,000 = 30%
• C: R15,000 ÷ R50,000 = 30%

Dividends

• A: 40% × R1,750 = R700
• B: 30% × R1,750 = R525
• C: 30% × R1,750 = R525

Total:

R700 + R525 + R525 = R1,750

If preferential claims apply, they must be dealt with first under the referenced insolvency-law priority, changing this illustration.

Example 6 — symbolic notice and distribution clocks

• Creditor copies: hearing date H, delivery must occur at least 3 statutory days before H.
• §74F Rule 48 objection: 20 rule days after the order comes to the creditor’s notice.
• §74G objection: 15 rule days after receipt of the order copy.
• Distribution: at least once every 3 months, unless all creditors agree or the court orders otherwise.

No live date is calculated because service, receipt, public holidays and the distribution-cycle start are unknown.

G4. Sixteen fictional workflow classifications

G5. Reviewed P05 D09 disposition

Legal mechanism comparison

Full source register — C_ZA-P16-S001 onward

All fresh P16 access occurred on 26 October 2026 PDT / 27 October 2026 UTC. Exact source-opening clock times are unknown.

Complete atomic claim/evidence register — C_ZA-P16-C001 onward

All claims are national and bounded. A066, A097 and A098 remain unaccepted.

Complete granular coverage register

G1 — statute, ceiling, eligibility, application and hearing: 30 rows

G2 — order, administrator, money, debts and enforcement: 34 rows

G3 — failure, variation, end and remedy boundary: 22 rows

G4 — workflows and numerical examples: 16 rows

G5 — reviewed gap and scope: 8 rows

Explicitly deferred legal families

Provincial and local register

The statutory mechanism is national, but Magistrates’ Court administration is operationally local. P16 did not examine a specific court’s filing directive, calendar, e-justice status, clerk practice or provincial/divisional review procedure.

Evidence-backed article, checklist and conditional-tool opportunities

Search/read audit

Official repositories used:

• Department of Justice for the Magistrates’ Courts Act, forms, rules and notices;
• South African Government/Government Gazette for the current ceiling and rule amendments;
• official Justice forms for Forms 44, 45, 51 and 52;
• current section reproductions only as transparent cross-checks where the official consolidation could not render.

Representative searches included:

• site:justice.gov.za/legislation/acts/1944-032.pdf section 74 administration order
• site:justice.gov.za R50 000 section 74 administration order
• site:justice.gov.za forms Form 45 administration order
• site:gov.za magistrates court administration order tariff 2025
• site:acts.co.za Magistrates Courts Act 74J 74P 74Q

Material limits:

1. The official Justice Act consolidation was indexed but timed out when directly opened. Exact PDF page images and locators were not claimed.
2. The 2010 rules PDF also timed out on direct rendering; Rule 48 was read through the official index and cross-checked against later final amendments.
3. The 2025 tariff was fully opened and read, including its 28 November 2025 commencement.
4. The May 2026 rules amendment and a June 2026 compiled rules candidate could not be substantively opened. P16 therefore does not certify that no later amendment affected Rule 48 or Part III.
5. No actual court, case, debtor, creditor, administrator, employer, account, property, licence, order or docket was searched.
6. No filing, form submission, complaint, contact, record request, payment, account action, site change or publication occurred.
7. Failure to retrieve a current source is not treated as proof that no rule exists.

Researcher self-check and displayed counts

Consistency self-check

• The R50,000 amount is sourced to the final 2014 determination and treated with a successor-instrument hold.
• Equality qualifies; above-ceiling initial applications do not.
• Later-discovered excess is not treated as automatic invalidity.
• Ability to pay, attachable assets and the court’s discretion remain separate predicates.
• Future obligations are disclosed separately from debts due.
• No juristic-person eligibility conclusion is invented.
• Application and order are kept distinct.
• Application alone is not treated as an enforcement stay.
• Mortgage, rejected-claim and court-leave exceptions are visible.
• The administrator is a court appointee, not an NCR credential.
• Trust-account segregation is stated without claiming a complete modern attorney-trust analysis.
• Expenses, remuneration, the 10% tariff and the 12.5% combined ceiling are separated.
• The Rule 48 reserve is not added as remuneration.
• Distribution is not assumed to ignore preferential claims.
• Post-order creditors are distinguished from pre-order creditors.
• No general interest freeze, discharge, security release or credit-record clearance is promised.
• Variation, suspension and rescission require the court.
• Full payment—not passage of time—is the lapse route established.
• Sequestration remains separately possible and is not researched here.
• P06, P10, P13 and P15 are not adopted.
• No province, locality, A066, A097, A098 or country component is accepted.

Exact next primary-source question

For a specified individual debtor and court, what is the complete current Form 45 debt total; which obligations are presently due versus future; what attachable assets and household surplus exist; which claims are disputed, secured, preferential or subject to continuing instalments; and what current local Magistrates’ Court rules, tariff, filing method and administrator-security requirements govern the proposed order?

Final P16 disposition: The administration-order portion of P05 D09 moves from wholly deferred to partial substantive national coverage. The current amount gateway, application, hearing, administrator, payment, distribution, enforcement restriction, variation and full-payment lapse route are established with explicit currentness and local-practice holds. Sequestration, voluntary surrender, liquidation, business rescue, every actual court application and all A066/A097/A098 or country acceptance remain deferred.

END C_ZA PASS-16