There are no bilateral treaties or multilateral conventions in force between South Africa and any other jurisdiction on reciprocal recognition and enforcement of judgments.

Yes.

The present position in South Africa is that a foreign judgment is not directly enforceable, but constitutes a cause of action and will be enforced by our courts on application provided that:

• that the court that pronounced the judgment had jurisdiction to entertain the case according to the principles recognized by South African law concerning the jurisdiction of foreign courts (sometimes referred to as “international jurisdiction or competence”);
• the judgment is final and conclusive in its effect and has not become superannuated;
• the recognition and enforcement of the judgment by our courts would not be contrary to public policy;
• the judgment was not obtained by fraudulent means;
• the judgment does not involve the enforcement of a penal or revenue law of the foreign state; and
• enforcement of the judgment is not precluded by the provisions of the Protection of Business Act, No. 99 of 1978, as amended.

Apart from this, our courts will not go into the merits of the case adjudicated upon by the foreign court and will not attempt to review or set aside its findings of fact or law.

1 to 3 months.

12 to 18 months.

USD 6,000 - USD 9,000.

The typical costs incurred in enforcement procedures are attorney's fees and disbursements, which includes advocates’ fees. The fees of attorneys and advocates depend on various factors including the time involved and the complexity of the matter as well as the amount claimed and the problems that may arise during enforcement.

USD 29,000 - USD 87,000.

According to the Protection of Businesses Act, no foreign judgment in respect of multiple or punitive damages may be recognized or enforced in the Republic. “Multiple or punitive damages” is defined as that part of the amount of damages awarded which exceeds the amount determined by the court as compensation for the damage or loss actually sustained by the person to whom the damages have been awarded. South African defendants who qualify in terms of the Protection of Businesses Act (that is, principally natural or juristic persons who at the material time were resident in the Republic or carried on business there) may “recover back” from assets within the jurisdiction of courts of the Republic the amounts of multiple or punitive damages awarded against them under foreign antitrust judgments and enforced against their overseas assets.

Attempts to enforce certain foreign money judgments, whether indirectly under the common law, may be hit by the provisions of the Protection of Businesses Act, which provides that, except with the permission of the appropriate minister, no judgment, order, direction, interrogatory, commission rogatoire, letters of request, or any other request delivered, given or issued or emanating from outside the Republic in connection with any civil proceedings may be enforced in the Republic if it arises from an act or transaction which took place at any time, whether before or after the commencement of the Protection of Businesses Act, and which is connected with the mining, production, importation, exportation, refinement, possession, use or sale of, or ownership to, any matter or material, of whatever nature, whether within, outside, into or from the Republic.