Show simple item record

dc.date.accessioned 2017-04-08T17:13:25Z
dc.date.available 2017-04-08T17:13:25Z
dc.date.created 2010-09-05 en
dc.identifier.citation [2011] ZACC 2
dc.identifier.citation 2011 (5) BCLR 505 (CC)
dc.identifier.citation 2011 (3) SA 1 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3622
dc.title Twee Jonge Gezellen (Pty) Ltd and Another v Land and Agricultural Development Bank of SA t/a The Land Bank and Ano en
dc.title.alternative CCT68/10 en
dc.identifier.casenumber CCT68/10 en
dc.date.hearing 18 November 2010
dc.contributor.judge Brand AJ
dc.date.judgment 22 February 2011
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3622/Full%20judgment%20Official%20version%20%28262%20Kb%29-16408.pdf?sequence=24&isAllowed=y
dc.concourt.synopsis The constitutional validity of provisional sentence procedure, as set out in rule 8 of the Uniform Rules of the High Court was challenged in an application for leave to appeal against a judgment of the High Court. The Court held that the procedure unjustifiably limited the right of access to courts, under section 34 of the Constitution. It was therefore declared inconsistent to the extent that it does not give a court the power to refuse provisional sentence where the defence raised requires oral evidence and where the defendant is unable to pay the judgment debt to enter into the main case. The common law was thus developed to provide courts with a discretion to refuse provisional sentence where the defendant could show on affidavit that he or she was unable to satisfy the judgment debt, an even balance of prospects of success in the main case and a reasonable prospect that oral evidence at the main trial may tip the balance of prospective success in the defendant's favour. Judgment: Brand AJ (unanimous).
dc.concourt.casehistory Application for leave to appeal against the judgment and order of the Western Cape High Court: Land and Agricultural Development Bank of South Africa t/a The Land Bank v Twee Jonge Gezellen (Pty) Ltd and Another Case No 19694/2008, 24 November 2009, unreported.


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account