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South Africa Case Law

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Administrative Law [2021] ZAWCHC 228

Mosikili v South African Board of Sheriffs (1629/2019)

Mosikili v South African Board of Sheriffs (1629/2019) [2021] ZAWCHC 228; [2022] 2 BLLR 197 (WCC); (2022) 43 ILJ 946 (WCC) (11 November 2021)

The High Court set aside a sheriff’s disciplinary conviction and sanction, finding the proceedings procedurally unfair because he was not properly heard.

  • Procedural Fairness
  • Audi Alteram Partem
  • Disciplinary Proceedings
  • Sheriffs Act
  • Reinstatement
  • Unlawful Dismissal
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Civil Procedure [2018] ZAGPPHC 664

Motloung and Another v Sheriff Pretoria East and Others (13249/2014)

Motloung and Another v Sheriff Pretoria East and Others (13249/2014) [2018] ZAGPPHC 664; 2019 (3) SA 228 (GP) (5 September 2018)

The court held that an unsigned summons was a nullity, so the sheriff was not liable for refusing service and prescription was not interrupted.

  • Nullity Of Summons
  • Prescription
  • Sheriffs Act
  • Uniform Rules Of Court
  • Return Of Service
  • Civil-procedure
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Civil Procedure [2016] ZALCJHB 435

Boundary Spar Supermarkets (Pty) Ltd v Brown and Others (J2456/16)

Boundary Spar Supermarkets (Pty) Ltd v Brown and Others (J2456/16) [2016] ZALCJHB 435; (2017) 38 ILJ 2337 (LC) (15 November 2016)

The Labour Court held that suspending a writ went beyond merely staying execution steps, requiring the sheriff to return attached property and refund R8000.

  • Contempt Of Court
  • Execution Of Awards
  • Sheriffs Act
  • Urgent Interdict
  • Interpretation Of Court Orders
  • Civil-procedure
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Civil Procedure [2014] ZAGPPHC 817

De Wet and Another v Sheriff, High Court, Cullinan and Others (29378/14)

De Wet and Another v Sheriff, High Court, Cullinan and Others (29378/14) [2014] ZAGPPHC 817 (13 October 2014)

The High Court set aside a sheriff’s sale in execution, holding the sheriff should have stopped the auction when instructed to do so before bidding began.

  • Sale In Execution
  • Auction Law
  • Consumer Protection Act
  • Uniform Rules Of Court
  • Sheriffs Act
  • Sale-in-execution
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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.