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dc.date.accessioned 2017-04-08T17:02:07Z
dc.date.available 2017-04-08T17:02:07Z
dc.date.created 2004-11-08 en
dc.identifier.citation [2004] ZACC 25
dc.identifier.citation 2005 (2) SA 140 (CC)
dc.identifier.citation 2005 (1) BCLR 78 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2180
dc.title Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others en
dc.title.alternative CCT74/03 en
dc.identifier.casenumber CCT74/03 en
dc.date.hearing 11 May 2004
dc.contributor.judge Mokgoro J
dc.date.judgment 8 October 2004
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2180/Full%20judgment%20%28164%20Kb%29-2336.pdf?sequence=2&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against decision of Cape High Court. The appellants challenge provisions of the Magistrates' Courts Act 32 of 1944 which provide for execution against the immovable property of judgment debtors, on the basis that the impugned sections constituted an unjustifiable limit on their right of access to adequate housing in s 26 of the Constitution. Mokgoro J, in a unanimous judgment, upheld the appeal against the decision of the High Court. Any measure which removes from people their pre-existing access to adequate housing limits the right to housing in the Constitution. The process of execution against immovable property is unconstitutional to the extent that it allows a person's home to be sold in execution in circumstances where it is unjustifiable. An appropriate remedy would be to provide judicial oversight of the execution process. Words read in to the Act.
dc.concourt.casehistory Appeal against the judgment of the Cape High Court in the related matters of Jaftha v Schoeman and Others Case No 8617/01 and Van Rooyen v Stoltz and Others Case No 8618/01. The Cape High Court handed down a single judgment dealing with both applications, reported as Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others 2003 (10) BCLR 1149 (C).


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