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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 35

Sithole v Body Corporate of Bondi (A3114/2022)

Sithole v Body Corporate of Bondi (A3114/2022) [2025] ZAGPJHC 35 (24 January 2025)

Court
South Gauteng High Court, Johannesburg
Case number
A3114/2022
Judges
Wanless, Bhengu

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
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Civil Procedure [2024] ZAKZPHC 117

Body Corporate of Monterey v Zakwe (AR483/2023)

Body Corporate of Monterey v Zakwe (AR483/2023) [2024] ZAKZPHC 117 (29 November 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR483/2023
Judges
Olsen, Shapiro

The court held that Rule 43A of the Magistrates' Court Rules requires personal service on the judgment debtor in every application to declare residential immovable property executable, regardless of whether the property is the primary residence. The status of the property as a primary residence is a factual issue that must be ventilated before the court, and the judgment debtor is entitled to be heard on this issue. The absence of the debtor from the property does not dispense with the requirement of personal service unless substituted service is authorized by the court. The decision in Bushm…

Source excerpt

  • Execution Against Residential Property
  • Personal Service Requirements
  • Magistrates Court Rule 43a
  • Uniform Rule 46a
  • Judicial Oversight
  • Primary Residence Determination
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.