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dc.date.accessioned 2017-04-08T17:13:26Z
dc.date.available 2017-04-08T17:13:26Z
dc.date.created 2010-09-07 en
dc.identifier.citation [2011] ZACC 14
dc.identifier.citation 2011 (8) BCLR 792 (CC)
dc.identifier.citation 2011 (3) SA 608 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3623
dc.title Gundwana v Steko Development CC and Others (National Consumer Forum as Amicus Curiae) en
dc.title.alternative CCT44/10 en
dc.identifier.casenumber CCT44/10 en
dc.date.hearing 10 February 2011
dc.contributor.judge Froneman J
dc.date.judgment 11 April 2011
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3623/Full%20judgment%20Official%20version%20%28245%20Kb%29-16626.pdf?sequence=36&isAllowed=y
dc.concourt.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).
dc.concourt.casehistory The applicant unsuccessfully appealed against an eviction order in both the Western Cape High Court and the SCA. The applicant also lodged an application in the Western Cape High Court for the rescission of the default judgment. This application was postponed to enable her to pursue her application in the Constitutional Court. She approached the CC for leave to appeal the eviction order as well as direct access to argue that the execution order was not constitutionally valid.


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