Property & Housing
Sale in Execution
A court-authorised sale of a debtor's property (usually by public auction) to satisfy an unpaid judgment debt.
Legal Definition
When a creditor obtains a court judgment against a debtor, they can apply for a writ of execution directing the sheriff to attach and sell the debtor's property to satisfy the debt. For immovable property, the reserve price and notice requirements are strictly regulated. Courts must confirm sales in execution of primary residences after the Jaftha v Schoeman Constitutional Court judgment.
📖 Constitutional / Statutory Basis: Section 26 (housing); Section 34 (court process)
Practical Example
A bank gets judgment against a mortgage defaulter and applies for a writ of execution. The sheriff attaches the property and the court sets an auction date.
Frequently Asked Questions
Can my home be sold in execution for a small debt in South Africa?
The Constitutional Court in Jaftha v Schoeman held that execution against a primary home must be specifically authorised by a court, which must consider the proportionality of the execution against the debt amount. Small debts may not justify execution against the home.
What is the reserve price in a sale in execution in South Africa?
Courts set a reserve price below which the property cannot be sold. This protects debtors from their property being sold for a fraction of its value. The reserve is typically based on the outstanding bond amount or a percentage of market value.
Related Terms
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