Since the commencement of the State Liability Act 20 of 1957 the (until 2011)
prevailing legislation rendered it almost impossible to satisfy judgment debts
sounding in money against the State. There has been a continuous struggle in South
Africa “to reach a balance between State immunity from tort liability and government
accountability to the State’s citizens”. The State Liability Amendment Act of 2011
(following on the Constitutional Court’s decision in Nyathi v MEC for Department of
Health Gauteng 2008 5 SA 94 (CC)) will enable judgment creditors to obtain effective
relief against the State.