n Tydskrif vir die Suid-Afrikaanse Reg - State non-compliance with legal duties : the constitutional court finally cracks the whip : regspraak




This provision has proven to be especially inhibiting to judgment creditors struggling to enforce court orders against organs of state, and has led to calls for its reconsideration or even invalidation (Roos ''Executive disregard for court orders: enforcing judgments against the state'' 2006 744). The question of the constitutionality of section 3 has actually been broached in numerous cases over the last number of years (see the references in Malherbe n 118 119).


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