Member of the Executive Council for Gauteng Department of Community Safety v Universal Knowledge Software (Pty) Ltd and Another

Summary judgment was granted on 10 June 2025 against the Gauteng Department of Community Safety (the Department) in favour of Universal Knowledge Software (Pty) Ltd on an unopposed basis. After non-payment, the judgment creditor obtained a writ of execution from the registrar on 11 September 2025 and the sheriff attached movable property of the Department in September and October 2025. The Department launched urgent proceedings to set aside the writ and attachments, contending that the judgment creditor failed to comply with section 3(4) of the State Liability Act 1957, which requires service of the court order on specified state functionaries and the relevant treasury before execution may be pursued. The Department explained that failures by the State Attorney caused delays in defending the action and pursuing rescission.

The writ of execution issued on 11 September 2025 and all consequent attachments were declared invalid and set aside. The first respondent was ordered to pay the costs of the application on a party-and-party scale, including the costs of one counsel on Scale B.

The judgment reinforces that strict compliance with section 3(4) of the State Liability Act is a jurisdictional fact before execution may issue against state property. It affirms appellate and Constitutional Court authority that execution against the State is permissible only after all statutory safeguards have been observed, thereby protecting public administration while preserving creditors’ rights.