Abstract:
This article provides an overview of and commentary on High Court Rule 46A, which deals with the procedural rules for executing a judgment
debt against residential immovable property. Rule 46A focusses on two main aspects: determining if it is justified to sell the debtor's home in
execution and, if a sale is ordered, setting a reserve price at which the property is to be auctioned. Therefore, this article analyses the
provisions of rule 46A that pertain to these two components, which also serve as two layers of protection for a debtor facing the loss of his or
her home.
