Jaftha v Schoeman and Others [2003] ZAWCHC 26 in the High Court of South Africa, Cape of Good Hope Provincial Division
Court membership
Judges sitting
Chaskalson CJ, Langa DCJ, Moseneke J, Mokgoro J, Ngcobo J, O’Regan J, Sachs J, Skweyiya J, van der Westhuizen J and Yacoob J
Case opinions
Decision by
Mokgoro J (unanimous)
Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others is an important case in South African civil procedure and property law, decided in the Constitutional Court of South Africa on 8 October 2004. The court held unanimously that the Magistrates' Courts Act, 1944 was unconstitutional insofar as it did not provide for judicial oversight over sales in execution against the immovable property of judgment debtors. In a judgment written by Justice Yvonne Mokgoro, the court found that sales in execution limited the debtor's constitutional right to housing and that the prevailing execution scheme was overbroad because it permitted such sales to proceed even in circumstances where they limited that right unjustifiably.
JafthavSchoeman and Others, Van Rooyen v Stoltz and Others is an important case in South African civil procedure and property law, decided in the Constitutional...
African rugby union player Ben Schoeman Freeway, the main freeway between Johannesburg and Pretoria JafthavSchoeman, important case in South African...
and Robert Nugent, the court dealt with the proper application of JafthavSchoeman. In the High Court of South Africa, Standard Bank had issued a summons...
indebted to the logic of JafthavSchoeman, it partly overturned the Supreme Court of Appeal's earlier holding in Standard Bank v Saunderson. In 1995, Elsie...
court made after considering all the relevant circumstances." In JafthavSchoeman, the Constitutional Court found that this right seeks to correct the...
court without judicial supervision, but prior to the ruling in JafthavSchoeman; Van Rooyen v Stoltz, wherein the Constitutional Court declared unconstitutional...
(2) SA 420 (A). Hlatshwayo and Others v Hein 1998(1) BCLR 123 (LCC). JafthavSchoeman and Others, Van Rooyen v Stoltz and Others 2005 (1) BCLR 78 (CC)...
1936. s 36(5). Act 32 of 1944. s 70. Menqa v Markom 2008 (2) SA 120 (SCA). JafthavSchoeman; Van Rooyen v Stoltz 2005 (2) SA 140 (CC). s 25(5). s 25(6)...
majority judgements in Larbi-Odam v MEC for Education, JafthavSchoeman, Khosa v Minister of Social Development, and Geldenhuys v National Director of Public...
and Others v MEC for Local Government and Housing, Gauteng and Others 10–11 March 2004 6 October 2004 Yacoob [2004] ZACC 25 JafthavSchoeman and Others...
Mayaba, Thabiso Mngomezulu, Waylon Murray, Norman Nelson, Foxy Ntleki, Paul Schoeman, Andries Strauss, Wimpie van der Walt, Luke Watson, Andile Witbooi and...
Blou Bul" (in Afrikaans). Beeld. 5 June 2012. Retrieved 5 June 2012. "Samoa v Tonga". International Rugby Board. 5 June 2012. Archived from the original...
Shane Gates (5) Vodacom Cup (South) Coach Mzwandile Stick Captain Paul Schoeman / Stephan Zaayman / Albé de Swardt Rank 5th Record Won 3, Lost 4 Top points...
Coetzee Ruaan du Preez Stephan Geldenhuys AJ Jacobs Cwengile Jadezweni Jason Jaftha Jaco Kotze Pieter Maritz Ruhan Meiring Paul Mente Godwill Morebe Vusi Msibi...
van Wyk Report Try: Kevin Luiters PW van Vuuren Pieter Rademan Fanie van der Walt Con: Nico Scheepers (4) Pen: Nico Scheepers (3) Referee: Jason Jaftha...
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