South Africa Case Law

Ngqaza v Sebotse Construction CC and Others (J4/25)

Ngqaza v Sebotse Construction CC and Others (J4/25) [2025] ZALCJHB 99 (12 March 2025)

Court

Labour Court Johannesburg

Case number

J4/25

Judge

B Ramji

The application was dismissed because the relief sought—a court order directing the sheriff to attach bank accounts for the satisfaction of judgment debts—amounts to a writ of execution for the attachment of incorporeal property. The Labour Court is not competent to order such a writ; instead, the procedure is governed by Uniform Rule 45(12)(a), which allows for the attachment without a prior court application. The applicant must obtain a writ, and any non-compliance by the garnishee may then be brought before the court. The applicant's inability to locate the first respondent and previous un…

Source excerpt

• Writ Of Execution
• Attachment Of Incorporeal Property
• Garnishee Procedure
• Uniform Rule 45

Mokoma v M-Njr and Olwethu Consulting (Pty) Ltd and Others (J3/25)

Mokoma v M-Njr and Olwethu Consulting (Pty) Ltd and Others (J3/25) [2025] ZALCJHB 100 (11 March 2025)

Court

Labour Court Johannesburg

Case number

J03/25

Judge

Ramji

The Labour Court is not competent to grant an order for attachment or execution of bank accounts to satisfy a judgment debt. The correct procedure is for the judgment creditor to approach the Registrar for a writ of execution, which the sheriff may then use to attach the relevant incorporeal property, such as bank accounts, without the necessity of a prior court application. The Uniform Rules of Court and Labour Court Rule 61 make clear that judicial involvement is not required for attachment of movables or incorporeal property, including those held by third parties. The application brought b…

Source excerpt

• Writ Of Execution
• Attachment Of Incorporeal Property
• Labour Court Procedure
• Costs Award Enforcement

Riordan v First National Bank Limited and Others (29134/2011)

Riordan v First National Bank Limited and Others (29134/2011) [2014] ZAGPJHC 195 (1 September 2014)

Court

South Gauteng High Court, Johannesburg

Case number

29134/2011

Judge

D S S Moshidi

The High Court set aside a bank-account attachment because the sheriff failed to serve written notice on the debtor, making the attachment incomplete under Rule 45(8)(c).

• Writ Of Execution
• Attachment Of Incorporeal Property
• Maintenance Order Enforcement
• Uniform Rules Of Court
• Notice Of Attachment
• Civil-procedure

Stratgro Capital (SA) Ltd v Theodorus NO and Others (417/08)

Stratgro Capital (SA) Ltd v Theodorus NO and Others (417/08) [2009] ZASCA 142; 2010 (2) SA 530 (SCA) ; [2010] 3 All SA 27 (SCA) (23 November 2009)

Court

Supreme Court of Appeal

Case number

417/08

Judges

Mpati, Mthiyane, Snyders, Leach, Bosielo

The Supreme Court of Appeal held that failure to give the execution debtor written notice under Rule 45(8) made the attachment incomplete and the sale in execution void.

• Writ Of Execution
• Attachment Of Incorporeal Property
• Notice To Interested Parties
• Sale In Execution
• Magistrates Court Rules
• Attachment-of-incorporeal-property