The Road Accident Fund v The Sheriff: East London and Others

Mduzulwana Attorneys Inc, acting for judgment creditors, obtained a default judgment against the Road Accident Fund (RAF) on 24 September 2023 for payment of R2 135 218.00. After non-payment, a writ of execution was issued on 9 April 2024. On 24 April 2024 the Sheriff attached and removed certain movable property belonging to the RAF. The RAF furnished the Sheriff with a document it described as an undertaking in terms of Uniform Rule 45(5), contending that this undertaking prohibited the removal of its goods. The Sheriff, acting on the instructions of the judgment creditor, rejected the undertaking as non-compliant and proceeded with removal. The RAF brought an application challenging the Sheriff’s conduct as unlawful.

The application was dismissed with costs on scale A in terms of Uniform Rule 67A.

The judgment clarifies the proper interpretation and application of Uniform Rule 45(5), confirming that a valid undertaking requires a third-party surety of sufficient means and substantial compliance with Form 19. It affirms the Sheriff’s discretion and rejects the notion that a defective or unilateral undertaking by a judgment debtor can halt execution. The case is significant for execution practice, particularly involving organs of state as judgment debtors.