THE FACTS
Douglas Johnson from Johannesburg states that he had instituted a civil case against the Minister of Police following an unlawful arrest and detention that took place in 2015.
He was assisted by an attorney and the matter was finalised in court in July 2017. The attorney gave him a Draft Order that is dated 17 July 2017 and is signed and stamped at the Magistrates Court Germiston.
He said his problem was that since giving him the order the attorney has refused to assist him any further and he now wants to know how to enforce it.
The Order is for R30 000, interest and costs.
WHAT I DID
I discussed the matter with an attorney at SCORPION LEGAL PROTECTION
SOLUTION
SCORPION'S attorney advised that at this stage a warrant of execution against property must be drafted, issued at court and given to the Sheriff for execution.
The Sheriff should serve the warrant at the provincial offices of SAPS and will usually attach and not remove.
If the Minister of Police fails to satisfy judgment following attachment of property, the sheriff will have to remove the attached items and sell them at an auction to raise the judgment debt.
Our reader can get another attorney to assist him with drafting a warrant of execution or may report the attorney to the Law Society for unreasonably refusing to finalise the matter.
The outcome will depend on the reasons the attorney furnishes for refusal to finalise the matter.
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