n Annual Survey of South African Law - The law of delict
|Article Title||The law of delict|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 University of the Free State and 2 University of South Africa|
|Publication Date||Jan 2011|
|Pages||747 - 847|
Section 3 of the State Liability Act 20 of 1957 provides that no execution, attachment, or like process may be issued against the state or its property for the satisfaction of a judgment debt, but the amount of the debt may be paid out of the National Revenue Fund or a Provincial Revenue Fund. In Nyathi v MEC for Department of Health, Gauteng (2008 (5) SA 94 (CC) 94 at 123), this section was declared unconstitutional to the extent that it does not allow for execution or attachment against the state, and does not provide for an express procedure for the satisfaction of judgment debts. It has been replaced by the State Liability Amendment Act 14 of 2011. It stipulates that a State Attorney must inform the relevant state department of a judgment debt against the department within seven days of the final court order being issued. The department has 30 days in which to settle the debt; this time frame does not apply if an appeal has been lodged against the order. If payment is not made in the stipulated period, the creditor may apply for a writ of execution against movable property owned by the state. However, movable property which is crucial for service delivery, or which, if removed, would threaten life, may not be attached. The attached property may be sold by a sheriff of the court within 30 days of the date of attachment.
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