South Africa Case Law

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

Hotel Liquor Catering, Commercial And Allied Workers Union v Sheriff, Johannesburg and Others (J406/14)

Hotel Liquor Catering, Commercial And Allied Workers Union v Sheriff, Johannesburg and Others (J406/14) [2014] ZALCJHB 214 (24 June 2014)

Court

Labour Court Johannesburg

Case number

J406/14

Judge

R Lagrange

Labour Court stayed execution of a writ pending a rescission application challenging the underlying costs order, finding the proper challenge lay to that order.

• Stay Of Writ
• Costs Award Enforcement
• Trade Union Representation
• Rescission Application
• Stay-of-writ
• Rescission