South Africa Case Law

Minister of Defence v Simelane and Another (40585/2005, 18153/2006)

Minister of Defence v Simelane and Another (40585/2005, 18153/2006) [2018] ZAGPPHC 847 (14 December 2018)

Court

North Gauteng High Court, Pretoria

Case number

40585/2005, 18153/2006

Judge

Brand

The court found that the writ of execution issued in December 2013 was invalid as it was issued nearly six years after the final judgment, in breach of Rule 66, without consent or revival. No substantiating evidence was provided to the Registrar regarding the quantum owed, rendering the writ defective. The underlying court orders were interpreted as providing for interim reinstatement and salary only from 1 December 2005 to 7 May 2007, not for the broader period claimed by the respondent. The applicant had fully settled the debt as calculated on the correct interpretation of the orders. No in…

Source excerpt

• Writ Of Execution
• Superannuation Of Judgment
• Quantification Of Judgment Debt
• Costs Order
• Interim Order Expiry

Du Raan v Fedbond Nominees (Pty) Ltd and Another (47785/2009)

Du Raan v Fedbond Nominees (Pty) Ltd and Another (47785/2009) [2018] ZAGPPHC 112 (2 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

47785/2009

Judge

Makume

Leave to appeal was refused because the applicant did not show reasonable prospects of success. The court held the 2009 judgment remained enforceable and Rule 66(1) repeal did not defeat execution.

• Leave To Appeal
• Uniform Rules Of Court
• Interpretation Act
• Superannuation Of Judgment
• Writ Of Execution
• Leave-to-appeal

Arangies and Another v Business Partners Ltd (3547/2006)

Arangies and Another v Business Partners Ltd (3547/2006) [2017] ZAWCHC 149 (15 December 2017)

Court

Western Cape High Court, Cape Town

Case number

3547/2006

Judge

DM Thulare

The High Court dismissed an application to set aside a writ of execution, holding that the writ remained valid and that the judgment had not superannuated.

• Writ Of Execution
• Superannuation Of Judgment
• Abuse Of Process
• Condonation
• Prescription Act
• Writ-of-execution

Absa Bank Ltd v Snyman (22/2014)

Absa Bank Ltd v Snyman (22/2014) [2015] ZASCA 67; 2015 (4) SA 329 (SCA); [2015] 3 All SA 1 (SCA) (20 May 2015)

Court

Supreme Court of Appeal

Case number

22/2014

Judges

Brand, Cachalia, Shongwe, Wallis, Petse

The Supreme Court of Appeal held that section 63 of the Magistrates' Courts Act is not concerned with the date of issue or reissue of a warrant of execution, but with the date of actual execution. A judgment sounding in money becomes superannuated unless the execution sale occurs within three years of the judgment or the last payment in respect thereof. The reissue of a warrant within the three-year period does not extend the limitation period. The date of the sale in execution, not the date of the warrant, is determinative. However, if the last payment was made less than three years before t…

Source excerpt

• Magistrates Courts Act Section 63
• Superannuation Of Judgment
• Sale In Execution
• Warrant Of Execution
• Eviction
• Computation Of Limitation Periods

Snyman v Honourable Magistrate: Folscher and Others (6919/2012)

Snyman v Honourable Magistrate: Folscher and Others (6919/2012) [2013] ZAWCHC 127 (6 September 2013)

Court

Western Cape High Court, Cape Town

Case number

9619/2012

Judges

Blignault, Davis

The court found that the default judgment was regular and properly granted, as the summons was served and no evidence of fraud or procedural irregularity was provided. However, the sale in execution was declared null and void because the warrant of execution was reissued after three years without a court order, violating section 63 of the Magistrates’ Court Act. This procedural defect rendered the sale a nullity, and subsequent transfers of ownership were invalid. The eviction order was also set aside, as the applicant and his wife were not in unlawful occupation due to the invalid sale, and…

Source excerpt

• Magistrates Court Review
• Sale In Execution
• Eviction Order
• Superannuation Of Judgment
• Section 26 Constitution
• Pie Act

Pienaar NO v Land and Agricultural Bank of South Africa and Others (2279/10)

Pienaar NO v Land and Agricultural Bank of South Africa and Others (2279/10) [2011] ZAECGHC 71 (20 October 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

2279/10

Judge

M Makaula

The court set aside a writ, attachment, and sale in execution after finding the judgment had superannuated under Rule 66(1).

• Writ Of Execution
• Superannuation Of Judgment
• Attachment Of Immovable Property
• Rule 66 Uniform Rules
• Rule 46 Uniform Rules
• Superannuation-of-judgment