STATE LIABILITY FOR FINAL COURT ORDERS SOUNDING IN MONEY: AT LONG LAST ALIGNMENT WITH THE CONSTITUTION

Authors

  • Nic JJ Olivier
  • Clara Williams

DOI:

https://doi.org/10.17159/obiter.v32i3.12229

Keywords:

state liability, judgment debt

Abstract

Since the commencement of the State Liability Act 20 of 1957 the (until 2011) prevailing legislation rendered it almost impossible to satisfy judgment debts sounding in money against the State. There has been a continuous struggle in South Africa “to reach a balance between State immunity from tort liability and government accountability to the State’s citizens”. The State Liability Amendment Act of 2011 (following on the Constitutional Court’s decision in Nyathi v MEC for Department of Health Gauteng 2008 5 SA 94 (CC)) will enable judgment creditors to obtain effective relief against the State.

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Published

08-09-2021

Issue

Section

Articles

How to Cite

STATE LIABILITY FOR FINAL COURT ORDERS SOUNDING IN MONEY: AT LONG LAST ALIGNMENT WITH THE CONSTITUTION. (2021). Obiter, 32(3). https://doi.org/10.17159/obiter.v32i3.12229