COURT RULES: EXECUTION AGAINST RESIDENTIAL IMMOVABLE PROPERTY

COURT RULES: EXECUTION AGAINST RESIDENTIAL IMMOVABLE PROPERTY

• 30 May 2023
• Courts
• SA Legal Academy

The Rules Board for Courts of Law has called for input by 7 July 2023 on draft amendments to Uniform Rule 46A, which deals with execution against residential immovable property.

According to a notice posted on the Department of Justice & Constitutional Development website, the amendments now being proposed seek to respond to ‘certain judgments’ and matters arising during the rule’s operation in practice.

Against that backdrop, it is mooted that Uniform Rule 46A should be amended to provide:

• for instances where the property concerned is residential but is owned by a judgment debtor such as a trust or company (to which, as ‘an artificial entity’, the constitutional right to adequate housing does not apply)
• clarity on what a court should do where a reserve price set by the court has not been achieved at a sale in execution, and
• ‘the procedure for bringing the reconsideration of the reserve price back to court’.

For more information, please click the link below:

• notice on draft amendments

Published by SA Legal Academy Policy Watch

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