Lawyers, I trust, have no trouble knowing whose assets to go after when they have obtained judgment, but I have noticed over time that some departments of our Provincial Government here have begun with a lot of confidence to attempt to mislead us.
One instance- in Mbombela High Court case 898/16 we got an order for costs against the Plaintiff who was an organ of state and department in provincial government who had instituted an action that was actually supposed to have been instituted by another department altogether.
One would think that the Plaintiff had learnt his lesson after having had to withdraw on this technical point and tender costs.
Next thing that happened, however, was that I received emails from yet another government department who wanted to pay the Plaintiff's costs as per the taxed bill, but- wait for it- I first had to register as a VENDOR on their system!
This, of course, is a load of hogwash!
Neither an attorney in my position or the Sheriff should be thrown off by delaying tactics such as this. A functionary in an organ of state who is liable for execution is an execution debtor like any other and his assets are liable for attachment like any other. Those enormous salaries they get can also be attached if the correct procedure is followed.
Personally- I consider being sent from pillar to post by someone who just has to shut up and pay as an insult.
Having to register as a vendor with the indebted organ of state may make things easier for them internally to process the payment, but any delay of longer than 3 days is a delaying tactic.
If the Provincial Government does not yet understand this we shall just have to teach them by experience time and again.
