Judicial Oversight Over the Sale in Execution of Mortgaged Property: Gundwana v. Steko Development 2011 3 SA 608 (CC); Nedbank Ltd v. Fraser and Four Other Cases 2011 4 SA 363 (GSJ)

Abstract

Section 26(3) of the South African Constitution requires judicial oversight and the taking into consideration of all relevant circumstances during any proceeding that might lead to the eviction of a person from her home. The purpose of judicial oversight is to ensure that homes are not sold in execution under circumstances where it would unjustifiably limit the homeowner’s “right to have access to adequate housing” (S 26(1)).

Keywords: judicial oversight, sale in execution, immovable property