1887

oa ESR Review : Economic and Social Rights in South Africa - Judicial oversight required for sales in execution of residential property : legislative and policy reform

 

Abstract

The Gundwana case was a challenge to the constitutionality of the High Court Rules and practice, which allowed a High Court registrar to grant default judgment, without judicial oversight, declaring immovable property executable. A sale in execution is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it and use the proceeds to pay the judgment debt.

Loading

Article metrics loading...

/content/esrrev/12/2/EJC33394
2011-07-01
2016-12-03
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error