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03/06/2008 19:39  - (SA)  

Johannesburg - The Constitutional Court has ordered the state to provide it with a plan to settle outstanding debts in 200 judgments by the end of July.

This comes after a ruling on Monday in favour of Dingaan Hendrik Nyathi who is still waiting for the Gauteng Health Department to pay him nearly R1.5m in damages for negligent medical treatment.

He was left severely disabled after a stroke as a result of an incorrect surgical procedure administered to treat burn wounds.

The department conceded negligence, but failed to pay him. Nyathi then turned to the High Court, which made an order in his favour and referred it to the Constitutional Court for confirmation.

The Constitutional Court declared a section of the State Liability Act invalid which "prohibits the execution or attachment or like process against a state defendant or respondent or against any property of the state for the satisfaction of judgment debts".

July 31 deadline

The court gave Parliament a year to pass new legislation to this effect.

In his judgment, Judge Tholakele Madala criticised "the failure of the state to settle approximately 200 judgment debts outstanding at the time of the judgment".

The Constitutional Court said in a statement: "The state is ordered to provide to the court details of all outstanding judgment debts, and to submit to the court a plan for the speedy settlement of all such debts before July 31 2008."

Source : http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2333796,00.html

Photo : http://www.tripsandtips.net/wp-content/uploads/2007/09/south-africa-safaris.jpg

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