Mateis v Plaaslike Munisipaliteit Ngwathe en andere (254/02) [2003] ZASCA 9; 2003 (4) SA 361 (SCA) (7 March 2003)

Mateis v Plaaslike Munisipaliteit Ngwathe en andere (254/02) [2003] ZASCA 9; 2003 (4) SA 361 (SCA) (7 March 2003)

The Supreme Court of Appeal held that the State Liability Act 20 of 1957 does not extend to municipalities. The Act's provisions, including the immunity from execution and the payment of judgments from the National or Provincial Revenue Fund, apply only to central and provincial government. The statutory language makes no mention of municipalities as defendants or as parties whose liabilities are to be satisfied from government funds. The court found that the exclusion of municipalities from the Act is clear and intentional. Therefore, the assets and property of a municipality are not immune from attachment and execution, and the attempted sale in execution of the municipality's movable...

Citation
[2003] ZASCA 9
Parties
Appellant: Jappie Zongezile Mateis; Respondent: Plaaslike Munisipaliteit Ngwathe; Respondent: Vrystaat Munisipale Pensioenfonds; Respondent: H J Saayman NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 March 2003
Case Number
254/02
Procedural Posture
Civil Appeal / Appeal From a Decision of the Free State Provincial Division
Outcome
Appeal dismissed with costs.
Judges
P J J Olivier, Streicher, Farlam, Conradie, Jones
Legal Topics
State Liability, Municipal Property Execution, Statutory Interpretation
Civil Procedure Land and Property State Liability Municipal Property Execution Statutory Interpretation

Case Brief

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Parties

Jappie Zongezile Mateis

Appellant

Plaaslike Munisipaliteit Ngwathe

Respondent

Vrystaat Munisipale Pensioenfonds

Respondent

H J Saayman NO

Respondent

Procedural Posture

Civil Appeal / Appeal From a Decision of the Free State Provincial Division

Legal Issues

  1. 1 Is a municipality included in the term 'State' as used in sections 1 and 3 of the State Liability Act 20 of 1957?
  2. 2 Are the assets and property of a municipality immune from attachment and execution under the State Liability Act?

Ratio Decidendi

The Supreme Court of Appeal held that the State Liability Act 20 of 1957 does not extend to municipalities. The Act's provisions, including the immunity from execution and the payment of judgments from the National or Provincial Revenue Fund, apply only to central and provincial government. The statutory language makes no mention of municipalities as defendants or as parties whose liabilities are to be satisfied from government funds. The court found that the exclusion of municipalities from the Act is clear and intentional. Therefore, the assets and property of a municipality are not immune from attachment and execution, and the attempted sale in execution of the municipality's movable...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The Registrar is directed to refer the appeal record and this judgment to the Director of Public Prosecutions.