Section 17: Satisfaction of orders against State
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17. Satisfaction of orders against State
(1) (a) Where in civil proceedings by or against the State, or in connection with an arbitration to which the State is a party, an order (including an
order for costs) is made by a Court in favour of any person against the State
or against an authorised department or against an officer of the State as
such, the proper officer of the Court shall, on an application in that behalf
made by or on behalf of that person at any time after 21 days from the date
of the order or, where the order provides for the payment of costs and the
costs require to be taxed, at any time after the costs have been taxed,
whichever is later, issue to that person a certificate in the prescribed form
containing particulars of the order.
(b) Where the Court so directs, a separate certificate shall be issued
with respect to any costs ordered to be paid to the applicant.
(2) A copy of a certificate issued under this section may be served, by
the person in whose favour the order is made, on the attorney for the State
or for the authorised department or officer concerned.
(3) (a) Where the order provides for the payment of money by way of
damages or otherwise, or of costs, the certificate shall state the amount so
payable, and the Accountant-General shall, subject to this Act, pay to the
person entitled, or to his attorney, the amount appearing by the certificate to
be due to him together with any interest lawfully due on it.
(b) The Court by which an order under paragraph (a) is made, or any
Court to which an appeal against the order lies, may direct that, pending an
appeal or otherwise, payment of the amount so payable shall be suspended,
and if the certificate has not been issued, may order any such directions to
be inserted in it.
(4) Subject to this section, no execution or attachment or similar process
shall be issued out of any Court for enforcing payment by the State of any
such money or costs, and no person shall be individually liable under an order
for the payment by the State or an authorised department, or an officer of
the State as such, of any such money or costs.
(5) Notwithstanding any other enactment, a certificate issued under subsection (1) shall be exempt from any fee, charge or duty.
[S. 17 amended by Act 48 of 1991.]