Sithole v Body Corporate of Bondi (A3114/2022)
Sithole v Body Corporate of Bondi (A3114/2022) [2025] ZAGPJHC 35 (24 January 2025)
The court found that the Magistrate correctly applied section 66(1) of the Magistrates' Court Act and Rule 43A, having established that the appellant's primary residence was subject to execution only after all alternative means to satisfy the judgment debt were exhausted. The appellant failed to provide evidence of available movable assets or credible means to settle the debt. The procedural safeguards, including a reserve price and a suspension period, were deemed sufficient to protect the appellant's constitutional rights under section 26. The surplus from the sale would allow the appellant…
Source excerpt
- Execution Against Immovable Property
- Primary Residence Protection
- Magistrates Court Act Section 66
- Magistrates Court Rule 43a
- Constitutional Right To Housing