Synopsis:
Application for direct access in terms of Rule 18 read with section 167(6) of the Constitution to declare constitutionally invalid rule 31(5) of the Uniform Rules of Court, which allows a Registrar of the High Court to declare immovable property specially executable when ordering default judgment, to the extent that this permits the sale in execution of the home of a person. In this matter, default judgment and a warrant of execution were granted by the Registrar of the High Court against an immovable residential property. This case is confined to the potential invasion of ones' right to housing under section 26(1) and (3) of the Constitution. The Court granted direct access and declared the High Court Rule unconstitutional. Judgment: Froneman J (unanimous).