Open AccessSTATE LIABILITY FOR FINAL COURT ORDERS SOUNDING IN MONEY: AT LONG LAST ALIGNMENT WITH THE CONSTITUTION
Author(s) -
Nic Olivier,
Clara Williams
Publication year - 2021
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v32i3.12229
Subject(s) - constitution , law , tort , state (computer science) , liability , legislation , political science , accountability , constitutional court , government (linguistics) , business , economics , linguistics , philosophy , algorithm , computer science
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.