Police bid to close door on debt collection Published in: Legalbrief Today
Date: Thu 20 January 2011
Category: Litigation
Issue No: 2720
The Minister of Police has filed an urgent application in the South Gauteng High Court to prevent the Sheriff from removing 128 pieces of furniture from the police's Gauteng head office to pay off debts.
According to a Beeld report, Lionel Greenberg (52) obtained an order in January 2009 against the Minister to pay him R75 000 for his unlawful arrest. The damages order was confirmed on appeal by a full Bench. After the police failed to comply with the order, Greenberg obtained an attachment order for a television, 20 desks, 20 computers, a fridge, a microwave oven and 10 wall units. Brigadier Johannes Meyer, head of litigation of the Gauteng police, says in the application that the execution of police assets is not in the interest of justice and that the previous order was 'fatally flawed'. The application will be heard on 1 February. Full report Beeld below
1 February 2011.
Court granted the Minister of Police their order that the writ is set aside, however acting Judge Jacobs told the Ministers legal representatives to tell the Minster to pay . This has still not been done. Further the court directed the Plaintiff to follow the Nyathi judgement procedure precisely and one completing the necessary steps, a fresh writ be obtained and the Sheriff should attach the Ministers assets again.
17 February 2011
A fresh writ has since been issued by the Registrar of the South Gauteng High Court on the 17 February 2011 and the Ministers assets have been attached for a second occasion.
