CCT53/09

[2009] ZACC 29

2010 (4) BCLR 293 (CC)

2010 (4) SA 567 (CC)

Mokgoro J

12 August 2009

9 October 2009

http://hdl.handle.net/20.500.12144/3587

An application by the Minister for Justice and Constitutional Development for an extension of the period of suspension of the order of constitutional invalidity made by the CC on 2 June 2008 in Nyathi v MEC for Department of Health, Gauteng and Another [2008] ZACC 8; 2008 (5) SA 94 (CC); 2008 (9) BCLR 865 (CC).

Application by the Minister for Justice and Constitutional Development for the extension of the suspension of the declaration of invalidity made in Nyathi v MEC for Health, Gauteng and Another 2005 (5) SA 94 (CC) in June 2008. That order declared constitutionally invalid section 3 of the State Liability Act 20 of 1957, a provision which prohibits parties to whom debts are owed by the state from executing against or attaching state assets for the satisfaction of judgment debts. The Minister sought an extension of the order of invalidity because Parliament had failed to enact the remedial legislation within the prescribed time frame. The Court, per Mokgoro J, granted a further extension for a period of two years together with an interim order. The interim order provided a procedure for the attachment and execution of movable state assets if the relevant Treasury failed to satisfy the judgment debt within the period prescribed in the interim order. Majority: Mokgoro J (unanimous)