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South Africa decisions
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Chetty v Pillay (AR373/2023) [2025] ZAKZPHC 64 (2 July 2025)
The High Court upheld an appeal, set aside a prescription ruling, and held that the estate-based prescription defence was not proved on the evidence.
Potgieter v Samancor Chrome Limited ta Tubatse Ferrochrome (JA91/22) [2025] ZALAC 15; [2025] 5 BLLR 483 (LAC); (2025) 46 ILJ 1708 (LAC) (10 March 2025)
The Labour Appeal Court held that arrear-wage claims after reinstatement became due on actual reinstatement, and the appellant’s proceedings interrupted prescription.
Firstrand Bank Limited v Kahn (2019/20373) [2024] ZAGPJHC 918 (17 September 2024)
The court found that the reserve price had not been met after three sales in execution, and the conditions of sale allowed for confirmation to the highest bidder. The respondents failed to provide sworn valuations or meaningful evidence to challenge the sale price, and their attempts to sell privately were unsuccessful. The judgment debt and municipal arrears continued to increase, placing the interests of the judgment creditor at risk. The court held that the process was just and equitable, the statutory requirements under Rule 46A were satisfied, and the sale should be confirmed to the four…
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Patel v Netsianda Inc Attorneys and Another (722/2019) [2024] ZALMPTHC 13 (8 February 2024)
The High Court set aside a writ of execution issued against an applicant, finding it invalid because no judgment or order made him a judgment debtor.
Jacobs N.O v Road Accident Fund (2022-22121) [2024] ZAGPJHC 21 (5 January 2024)
The court held that section 17(3)(a) of the Road Accident Fund Act is clear: interest on compensation awarded by the court is payable only after 14 days have elapsed from the date of the order unless the parties agree otherwise. The practice of deferring payment for 180 days, as argued by the RAF, is not supported by the statutory framework or the authorities cited. The previous decisions relied upon by the RAF concerned exceptional circumstances or agreements to defer payment, which are not present in this case. The court cannot make an agreement for the parties regarding the running of inte…
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Waterkloof Boulevard Homeowners Association (Association Incorporated under Section 21) v Yusuf and Another (028945/2022) [2023] ZAGPPHC 737 (28 August 2023)
The High Court dismissed a provisional sequestration application by a homeowners association, finding no adequate proof that sequestration would benefit creditors over ordinary execution.
Tskanae and Another v Firstrand Bank Ltd and Others (A250/2021) [2023] ZAGPPHC 596 (18 July 2023)
The High Court refused an appeal against reinstatement of a mortgage bond after a sale in execution was set aside. The underlying debt remained unpaid.
J.A v R.A (3348/2019) [2022] ZAFSHC 31 (28 February 2022)
The High Court set aside a writ of execution because the parties disputed the meaning of divorce settlement clauses affecting the division of sale proceeds.
Arcus v Arcus (4/2021) [2022] ZASCA 9; [2022] 1 All SA 626 (SCA); 2022 (3) SA 149 (SCA) (21 January 2022)
The Supreme Court of Appeal held that maintenance orders, whether arising from a consent paper incorporated into a divorce order or granted by a maintenance court, possess the attributes of a judgment debt for the purposes of section 11(a)(ii) of the Prescription Act. These orders are final and enforceable until varied or discharged upon new facts, are executable without further proof, and are appealable. The fact that maintenance orders may be varied does not detract from their status as judgment debts, as any variation introduces a new dispute and does not affect the finality of the origina…
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Matatiele Local Municipality v Lubbe Construction (Pty) Limited (24667/2020) [2021] ZAGPJHC 763 (2 December 2021)
The court held that an arbitration award does not create a new debt but merely affirms or liquidates the existing debt. The prescription period applicable is that of the underlying debt, which is three years under the Prescription Act. The review application to set aside the arbitrator's award does not delay the running of prescription. As the applicant's claim to enforce the arbitration award was brought after the expiration of the prescription period, the claim had prescribed. Accordingly, the application to make the arbitration award an order of court was dismissed with costs.
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