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Sale must be justifiable

The Constitutional Court has ruled that courts shall in future determine whether the sale in execution of houses to settle debt is justifiable. In considering the constitutionality of sections of the Magistrates Court dealing with the sale in execution of property to settle debt, Judge Yvonne Mokgoro said that if people lose their homes through a sale in execution they would lose their pre-existing access to adequate housing and to future state subsidies.

To remedy this, the courts should have oversight of the execution process in order to determine whether such sales are justifiable in each case. The decision was unanimous, and overturns the Cape High Court decision reported in Vegetables for a house?!!

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