Minister of Defence v Simelane and Another (40585/2005, 18153/2006)
Minister of Defence v Simelane and Another (40585/2005, 18153/2006) [2018] ZAGPPHC 847 (14 December 2018)
The court found that the writ of execution issued in December 2013 was invalid as it was issued nearly six years after the final judgment, in breach of Rule 66, without consent or revival. No substantiating evidence was provided to the Registrar regarding the quantum owed, rendering the writ defective. The underlying court orders were interpreted as providing for interim reinstatement and salary only from 1 December 2005 to 7 May 2007, not for the broader period claimed by the respondent. The applicant had fully settled the debt as calculated on the correct interpretation of the orders. No in…
Source excerpt
- Writ Of Execution
- Superannuation Of Judgment
- Quantification Of Judgment Debt
- Costs Order
- Interim Order Expiry