Actom Electrical Products v Matlala (42355/2020)
Actom Electrical Products v Matlala (42355/2020) [2024] ZAGPPHC 75 (29 January 2024)
The court found that the default judgment order against the Respondent remains binding and enforceable, as there was no appeal or review pending. The Respondent is clearly identified in the order and has acknowledged liability for the debt. However, the Applicant failed to comply with Rule 46A(5)(a) by not providing a market valuation of the property, which is a mandatory requirement for execution against a primary residence. The court emphasised the importance of judicial oversight and the need to protect the right to adequate housing under section 26 of the Constitution. Without compliance…
Source excerpt
- Rule 46a Execution
- Primary Residence Protection
- Default Judgment Enforcement
- Market Valuation Requirement
- Judicial Oversight
- Section 26 Constitution