South Africa Case Law

Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others (CCT74/03)

Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others (CCT74/03) [2004] ZACC 25; 2005 (2) SA 140 (CC); 2005 (1) BCLR 78 (CC) (8 October 2004)

Court

Constitutional Court

Case number

CCT74/03

Judges

Mokgoro, Chaskalson, Langa, Moseneke, Ngcobo, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob

Section 66(1)(a) of the Magistrates’ Courts Act is unconstitutional to the extent that it permits execution against the homes of indigent debtors without judicial oversight, thereby unjustifiably limiting their right of access to adequate housing under section 26(1) of the Constitution. The legislative scheme is overbroad and fails to protect vulnerable debtors who may lack knowledge or resources to invoke available remedies. Judicial oversight is required to ensure that execution is only ordered after consideration of all relevant circumstances, balancing the interests of creditors and debto…

Source excerpt

• Right Of Access To Adequate Housing
• Judicial Oversight Of Execution
• Limitation Of Rights
• Magistrates Courts Act
• Remedies For Unconstitutional Law