Deneys Reitz :Section 3 of the State Liability Act Unconstitutional

On the 2 June 2008 the Constitutional Court confirmed that of Section 3 of the StateLiability Act 1957 is inconsistent with the Constitution.

That Section prohibits execution against, or attachment of State property to satisfy judgment debts of the State.

The matter related to a medical malpractice claim. The plaintiff suffered injuries while undergoing treatment at the Pretoria Academic Hospital. An order was made by the court for interim payment to cover the plaintiff's medical and legal expenses. Notwithstanding the grant of the order the MEC failed to comply and the plaintiff sought an order directing the MEC to comply with the interim order for a declaration of Section 3 of the State Liability Act as unconstitutional.

Click here to read more (PDF file 54kb)