Minister of Finance v Golden Arrow Bus Services (Pty) Ltd (115/09) [2009] ZASCA 174; 2010 (4) BCLR 338 (SCA) ; [2010] 2 All SA 237 (SCA) (4 December 2009)
Court
Supreme Court of Appeal
Case number
115/09
Judges
Mpati, Snyders, Mhlantla, Bosielo, Leach
Section 3 of the State Liability Act does not provide for an appropriation or direct charge against the National Revenue Fund for the satisfaction of judgment debts against the State as required by section 213(2) of the Constitution and section 15(1)(a) of the Public Finance Management Act. The Public Finance Management Act restricts direct charges to those Acts listed in Schedule 5, which does not include the State Liability Act. The Constitution does not expressly provide that court orders sounding in money are direct charges against the Fund. The absence of legislative mechanisms and proce…