Mahon v Mahon and Others (14918/2008)
Mahon v Mahon and Others (14918/2008) [2009] ZAWCHC 106 (29 July 2009)
The court held that the right to execute a provisional sentence derives from the common law and is not precluded by Rule 8 or Rule 45. The history and practice of provisional sentence in South African law support the immediate execution of provisional sentence upon the provision of adequate security de restituendo. The applicant's argument that execution must wait until the provisional sentence becomes a final judgment is inconsistent with both the theory and practice of provisional sentence. The constitutional challenge based on section 34 was rejected, as the procedure is an extraordinary r…
Source excerpt
- Provisional Sentence
- Writ Of Execution
- Security De Restituendo
- Section 34 Right To Fair Hearing
- Reading Down
- Avoidance Principle