Article 43/2022

What are the grounds for the setting aside a writ of execution?


A writ of execution must be strictly in compliance with the wording of the order from which the judgment debt arises.  If a judgment debtor disputes liability for the amounts reflected in the writ on the grounds that it has paid the amounts, or part of them, or because it contends that it is not liable for them on the ground that they were not within the scope of the judgment, it may apply to court for relief (Butchard v Butchard 1996 (2) SA 581 (W), at 587).

With reference to Potgieter v Samancor Chrome Ltd t/a Tubatse Ferrochrome (2022) 33 SALLR 190 (LC) and Van Rensburg and Others v Department of Justice and Correctional Services and Others (2022) 33 SALLR 280 (LC); (2022) 43 ILJ 2110 (LC).

In what instances does the jurisdiction of the supreme court of appeal trump the jurisdiction of the labour appeal court?

Where an employer prematurely terminates a fixed-term contract and the employee challenges such termination as being unlawful and claims damages and not specific performance, the labour court has up to now ordered damages even though same is an unliquidated claim for damages.