Bestbier and Others v Nedbank Limited (CCT 181/22) [2024] ZACC 2 (12 April 2024)

Review application – delay – State Attorney Act 56 of 1957 – neither s
3(1), nor s 3(3), authorises the State to cover private legal costs – whether just and
equitable to order repayment of public monies paid without any legal basis. Costs –
unwarranted allegations that scandalise the court – punitive costs as a mark of
displeasure and to vindicate the integrity of the court

Applicability of rule 46A of the Uniform Rules of Court (the rules) – whether rule 46A of the rules applies when property sought to be declared executable was owned by a trust and is a primary residence of trust beneficiaries – whether trust beneficiaries and their employees are entitled to the constitutional safeguards.