Security for costs when instituting proceedings in a South African court

In terms of South African common law, a plaintiff who is not resident within the court’s jurisdiction (a “peregrinus”) may be required in the case of a foreign plaintiff, to furnish security for the costs of the local defendant or respondent in opposing the proceedings (also in respect of claims in reconvention or counter-application). This rule is aimed at protecting the South African party from having to recover costs orders it may be granted in the proceedings against the foreign plaintiff abroad. A foreign natural person is generally not required to furnish security were such person has unencumbered immovable property within South Africa. Continue reading

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