Realestateweb - Concourt rules in favour of home owner in arrears - South Africa - South Africa's fastest-growing property website
Realestateweb - Concourt rules in favour of home owner in arrears - South Africa - South Africa's fastest-growing property website
The Constitutional Court on Monday ruled that only a judge -- and not a high court registrar -- could decide if a bank could sell a person's home in execution.
In a unanimous judgment, the court ruled that "where execution against the homes of indigent debtors who run the risk of losing their security of tenure is sought after judgment on a money debt, further judicial oversight by a court of law of the execution process is a must".
"It is declared that it is unconstitutional for a registrar of a high court to declare immovable property specially executable when ordering default judgment," states the ruling.
The Constitutional Court on Monday ruled that only a judge -- and not a high court registrar -- could decide if a bank could sell a person's home in execution.
In a unanimous judgment, the court ruled that "where execution against the homes of indigent debtors who run the risk of losing their security of tenure is sought after judgment on a money debt, further judicial oversight by a court of law of the execution process is a must".
"It is declared that it is unconstitutional for a registrar of a high court to declare immovable property specially executable when ordering default judgment," states the ruling.
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